High Court: No duty on barrister not to cause instructing solicitor loss – Legal Futures

Posted March 23rd, 2021 in barristers, fees, negligence, news, set-off, solicitors by sally

‘A barrister was not liable to her instructing solicitors for the fees they claimed they lost out on as a result of her alleged negligence, the High Court has ruled.’

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Legal Futures, 23rd March 2021

Source: www.legalfutures.co.uk

Woman jailed for wildly exaggerated clinical negligence claim – Litigation Futures

Posted March 18th, 2021 in contempt of court, damages, negligence, news, personal injuries, sentencing by sally

‘A woman who duped her lawyers as she wildly exaggerated a clinical negligence claim, seeking damages of £5.7m instead of the £350,000 her case was worth, has been jailed for contempt of court.’

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Litigation Futures, 18th March 2021

Source: www.litigationfutures.com

Hospitals forced to repay millions after falsely claiming their maternity units were safe – The Independent

‘NHS hospitals have been forced to pay millions of pounds to regulators after wrongly claiming their maternity units were among the safest in the country.’

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The Independent, 7th March 2021

Source: www.independent.co.uk

Cauda Equina Syndrome and Referrals for Investigations: High Court Rejects Claim for Delayed Scan – Ropewalk Clinical Negligence Blog

‘In Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323 (QB), the Claimant brought a claim against the Defendant hospital for failing to promptly diagnose Cauda Equina Syndrome (“CES”).’

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Ropewalk Clinical Negligence Blog, 25th February 2021

Source: www.ropewalk.co.uk

Ep 137: The Law of Artificial Intelligence – Law Pod UK

‘In the latest episode of Law Pod UK Rosalind English talks to Matt Hervey, co-editor with Matthew Lavy of a new practitioner’s text book on Artificial Intelligence. Matt is Head of Artificial Intelligence at Gowling WLG., and advises on all aspects of AI and Intellectual Property, particularly in relation to the life sciences, automotive, aviation, financial and retail sectors. Our discussion ranges across many areas covered by the book, including negligence, liability for physical and economic harm, AI and professional liability, and more on AI and intellectual property, a fascinating subject which Matt touches on in this episode.’

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Law Pod UK, 1st March 2021

Source: audioboom.com

IOPC investigates five Thames Valley police officers over death of man, 24 – The Guardian

‘Five police officers are under investigation for manslaughter after the death of a 24-year-old man in police custody earlier this month.’

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The Guardian, 25th February 2021

Source: www.theguardian.com

Brint v BHR UHNT: Misleading, Wholly Unreliable and Inaccurate, but not Fundamentally Dishonest – Parklane Plowden Chambers

Posted February 25th, 2021 in evidence, hospitals, medical treatment, negligence, news, personal injuries by sally

‘In the clinical negligence case of Aileen Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB), HHJ Platts dismissed the claim but declined to find the Claimant fundamentally dishonest. It is a reminder that significant unreliability does not necessarily equate to dishonesty, particularly where there is a complex psychological component.’

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Parklane Plowden Chambers, 23rd February 2021

Source: www.parklaneplowden.co.uk

Abuse of process? Res judicata and collateral attacks on prior decisions after Allsop v Banner Jones Ltd and another – Hardwicke Chambers

Posted February 18th, 2021 in abuse of process, chambers articles, negligence, news, res judicata, striking out by sally

‘In Allsop v Banner Jones Ltd and another, the Court of Appeal considered the application of Phosphate Sewage v Molleson to applications to strike out a claim on the basis of abuse of process. The decision is a detailed exploration of the scope of the doctrines of res judicata, collateral attacks of previous decision and abuse of process. As such it is valuable reading to litigators generally and particularly those in the field of professional negligence.’

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Hardwicke Chambers, 12th February 2021

Source: hardwicke.co.uk

Okpabi & others v Royal Dutch Shell Plc and another – Blackstone Chambers

‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’

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Blackstone Chambers, 12th February 2021

Source: www.blackstonechambers.com

Claimant cleared of dishonesty despite ‘wholly unreliable’ evidence – Law Society’s Gazette

Posted February 18th, 2021 in evidence, hospitals, medical treatment, negligence, news, personal injuries by sally

‘A High Court judge has rejected that a claimant suing a hospital was fundamentally dishonest – despite rejecting her evidence – because she believed she was telling the truth.’

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Law Society's Gazette, 17th February 2021

Source: www.lawgazette.co.uk

Harvey Tyrrell death: Electrician cleared over boy’s pub garden electrocution – BBC News

‘An electrician has been cleared of killing a seven-year-old boy who was electrocuted by a set of poorly installed lights in a pub garden.’

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BBC News, 16th February 2021

Source: www.bbc.co.uk

New Judgment: Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 – UKSC Blog

‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an exploration and production company incorporated in Nigeria and is a subsidiary of RDS.’

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UKSC Blog, 12th February 2021

Source: ukscblog.com

Law firm ordered to pay £1m for registration error – Legal Futures

‘The High Court has ordered a defunct Manchester law firm which failed to register a restriction against a house at the Land Registry to pay over £985,000 in damages for professional negligence.’

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Legal Futures, 15th February 2021

Source: www.legalfutures.co.uk

Rachel Johnston: Neglect contributed to woman’s teeth removal death – BBC News

‘A disabled woman whose brain was starved of oxygen after an operation to remove all her teeth would probably have survived if care home staff acted sooner, an inquest heard. Staff at Pirton Grange Care Home, near Worcester, failed to spot Rachel Johnston was developing hypoxia. A coroner concluded neglect contributed to her death just over two weeks after she was taken to hospital.’

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BBC News, 11th February 2021

Source: www.bbc.co.uk

Secondary Victim Claims – Clinical Negligence and Proximity – No. 5 Chambers

‘On 5 February 2021, Master Cook handed down judgment in the case of Polmear and another v Royal Cornwall Hospitals NHS Trust [2021] EWHC 196 (QB), dismissing the Defendant’s application to strike out the claims and/or for summary judgment. He gave permission to appeal and made an order “leapfrogging” the appeal to the Court of Appeal, pursuant to CPR 53.23.’

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No. 5 Chambers, 8th February 2021

Source: www.no5.com

Personal Injury Newsletter – Exchange Chambers

‘In the February 2021 edition of the personal injury newsletter:

Tactical Management: Taking charge for claimants
As a claimant-only advocate, Bill Braithwaite QC explains exactly why he believes that lawyers who represent severely injured claimants should understand the importance of having complete control over the recovery, rehabilitation and litigation process.

Child’s Play: Gul v Mcdonagh ((2021) Ewhc 97)
Will Waldron QC considers the case of Gul v Mcdonagh ((2021) Ewhc 97), amongst others, in relation to the often tricky question of whether to concede some finding of contributory negligence in a case involving a child.

Second bite of the cherry? Abuse of process post-Poku
In this article, Helen Rutherford covers abuse of process in credit hire cases following Isaac Osei-Wusu Poku v Abedin.

Another Hurdle for Nervous Shock Claims
In Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310, the House of Lords established 4 hurdles which a secondary victim must overcome in order to establish liability. Although a number of cases have tested the limits of these hurdles, an issue which has never previously been considered is whether a secondary victim must prove that his shock resulted from an appreciation that the primary victim is a loved one who had been or might have been involved in the incident. David Knifton QC considers this issue, with reference to the case of Young v Downey.’

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Exchange Chambers, February 2021

Source: lexlinks.exchangechambers.co.uk

Privilege waived in litigation between law firms – Legal Futures

Posted February 9th, 2021 in enfranchisement, law firms, legal profession, negligence, news, privilege by tracey

‘The High Court has ruled that legal professional privilege was waived by the liquidators of a company when they released a set of documents to a litigant to help her sue her law firm for negligence.’

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Legal Futures, 9th February 2021

Source: www.legalfutures.co.uk

Government undertaking “intensive” review of clinical negligence compensation – Litigation Futures

Posted February 4th, 2021 in compensation, consultations, hospitals, negligence, news, personal injuries by sally

‘The government is undertaking “intensive” work on reshaping the system of compensation for victims of clinical negligence, health minister Nadine Dorries revealed yesterday.’

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Litigation Futures, 3rd February 2021

Source: www.litigationfutures.com

“Wrongful Life” Revisited – UK Human Rights Blog

‘In Evie Toombes v. Dr. Philip Mitchell [2020] EWHC 3506 the High Court has given renewed consideration to claims for, so called, “wrongful life”. Can a disabled person ever claim damages on the basis that they would not have been born but for the defendant’s negligence? The Court answered that question with a resounding “yes”.’

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UK Human Rights Blog, 21st January 2021

Source: ukhumanrightsblog.com

Limitation Practice in Clinical Negligence Cases After Azam – Ropewalk Chambers

Posted January 22nd, 2021 in appeals, chambers articles, delay, doctors, limitations, medical treatment, negligence, news by sally

‘Clinical negligence cases can be complex enough without the added difficulty of delay in bringing proceedings resulting in a limitation defence. When it is raised by Defendants it is currently common for cases to be managed so that limitation will be tried as a preliminary issue, perhaps because of the possibility of a major costs saving if a full trial can be avoided.’

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Ropewalk Chambers, 18th January 2021

Source: www.ropewalk.co.uk