“ADR is failing” says Civil Justice Council but compulsion is not yet the answer – Litigation Futures

Posted October 19th, 2017 in arbitration, Civil Justice Council, dispute resolution, negligence, news, reports by tracey

‘The Woolf reforms have failed to embed alternative dispute resolution (ADR), a major report by the Civil Justice Council (CJC) said today, but it stopped short of calling for the introduction of compulsory ADR.’

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Litigation Futures, 17th October 2017

Source: www.litigationfutures.com

Government accepts Jackson’s call for CJC to seek industry agreement on low-value clin neg claims – Litigation Futures

Posted October 17th, 2017 in Civil Justice Council, costs, health, negligence, news by tracey

‘The government has accepted Lord Justice Jackson’s recommendation that the Civil Justice Council (CJC) be tasked with negotiating a new bespoke process and fixed costs regime for low-value clinical negligence claims, it emerged yesterday.’

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Litigation Futures, 17th October 2017

Source: www.litigationfutures.com

Judge warns against ‘hindsight’ to justify indemnity costs – The Guardian

Posted October 10th, 2017 in budgets, costs, indemnities, negligence, news by sally

‘The High Court has rejected the chance to approve indemnity costs against a losing party after it found the bringing of the case could be justified.’

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The Guardian, 10th October 2017

Source: www.lawgazette.co.uk

July to September 2017 case review for construction practitioners – Practical Law: Construction Blog

Posted October 5th, 2017 in arbitration, construction industry, contracts, negligence, news by tracey

‘A selection of the more interesting decisions affecting construction and engineering practitioners during the third quarter of 2017.’

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Practical Law: Construction Blog, 2nd October 2017

Source: constructionblog.practicallaw.com

Kevin Nunes murder: Staffordshire Police ‘mishandled’ paid witness – BBC News

Posted October 5th, 2017 in complaints, disciplinary procedures, gangs, murder, negligence, news, police, reports, witnesses by tracey

‘”Significant failures” by Staffordshire Police over a gangland killing led to the unsafe convictions of five men, a police watchdog report has found.’

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BBC News, 4th October 2017

Source: www.bbc.co.uk

High Court questions growing use of standstill agreements – Litigation Futures

Posted October 3rd, 2017 in agreements, negligence, news, stay of proceedings, striking out by sally

‘The High Court has questioned the growing use of standstill agreements in litigation, saying they are “potentially just another self-inflicted complication” when it would be simpler to apply for a stay.’

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Litigation Futures, 3rd October 2017

Source: www.litigationfutures.com

Law Pod UK Ep. 11: The cost of surrogacy – a legitimate claim? – 1 COR

Posted October 2nd, 2017 in costs, damages, hospitals, negligence, news, surrogacy by sally

‘Rosalind English talks to David Prest about a recent High Court ruling on damages: Can someone who has been rendered infertile claim the costs of surrogacy abroad? A hospital admitted negligence in failing to diagnose the claimant’s cervical cancer. The chemotherapy and radiation treatment which followed rendered her infertile, but just before the treatment, her eggs were harvested and frozen. The court was asked to consider whether damages could include the cost of commercial surrogacy, an arrangement which is not legal in this country.’

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Law Pod UK, 29th September 2017

Source: audioboom.com

Supreme Court to hear appeal against defective service ruling in law firm negligence case – Litigation Futures

‘The Supreme Court will hear an appeal in November by a litigant in person over the defective service of a negligence claim against a Midlands law firm, it has been confirmed.’

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Litigation Futures, 29th September 2017

Source: www.litigationfutures.com

Calls for public inquiry as £37m compensation agreed for victims of rogue surgeon Ian Paterson – Daily Telegraph

Posted September 28th, 2017 in compensation, doctors, health, inquiries, medical treatment, negligence, news, victims by sally

‘Victims of rogue cancer surgeon Ian Paterson yesterday called for a public inquiry into the regulation of private doctors as a High Court judge approved a £37 million compensation package for hundreds of people who suffered at his hands.’

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Daily Telegraph, 27th September 2017

Source: www.telegraph.co.uk

Jackson: Most of the problems behind excessive costs are “sorted” or improving – Litigation Futures

Posted September 25th, 2017 in costs, fees, negligence, news by sally

‘Lord Justice Jackson said yesterday that 10 of the 16 causes of excessive costs in civil litigation he identified eight years ago have been eliminated or are on the way to elimination.’

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Litigation Futures, 22nd September 2017

Source: www.litigationfutures.com

Is a mother giving birth a primary or secondary victim in a claim for negligent treatment? – Family Law

Posted September 20th, 2017 in birth, hospitals, negligence, news, personal injuries, psychiatric damage by sally

‘RE v Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB) involved a claim relating to negligent treatment during a child’s birth that resulted in the child suffering cerebral palsy (CP). The case also involved psychological injury claims for mother and grandmother (the father’s claim was discontinued).’

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Family Law, 19th September 2017

Source: www.familylaw.co.uk

UK legal claims grow over exposure at work to toxic diesel fumes – The Guardian

‘Legal claims over exposure to diesel exhaust fumes at work are growing as unions warn toxic air in the workplace is a ticking time bomb on a par with asbestos.’

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The Guardian, 16th September 2017

Source: www.theguardian.com

Secret Millionaire property developer jailed for manslaughter after carpenter fell through ceiling – Daily Telegraph

Posted September 18th, 2017 in costs, fines, health & safety, homicide, imprisonment, negligence, news, sentencing by tracey

‘A property developer who appeared on The Secret Millionaire has been jailed for manslaughter after a carpenter fell through the ceiling of a development a year after safety warnings.’

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Daily Telegraph, 17th September 2017

Source: www.telegraph.co.uk

MoD paid £750,000 on legal fees denying responsibility for soldier deaths – The Guardian

Posted September 12th, 2017 in armed forces, compensation, duty of care, fees, government departments, negligence, news by tracey

‘The UK government spent more than £750,000 on lawyers’ fees trying to deny responsibility for the deaths of soldiers killed in lightly armoured Snatch Land Rovers, a freedom of information request has revealed.’

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The Guardian, 12th September 2017

Source: www.theguardian.com

A good day for defendants – lawyers react to discount rate reform and NAO report – Litigation Futures

Posted September 8th, 2017 in compensation, costs, insurance, negligence, news, personal injuries by tracey

‘Yesterday’s announcement of how the Ministry of Justice intends to reform the discount rate and publication of the National Audit Office’s (NAO) report on clinical negligence claims drew predictably opposing responses from claimant and defendant groups.’

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Litigation Futures, 8th September 2017

Source: www.litigationfutures.com

Professional negligence claim against Law Society to proceed to trial – OUT-LAW.com

Posted September 7th, 2017 in law firms, Law Society, negligence, news, solicitors by tracey

‘A professional negligence claim against the Law Society based on information listed in its “Find a Solicitor” (FAS) directory which turned out to be fraudulent should proceed to trial, the Court of Appeal has ruled.’

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OUT-LAW.com, 6th September 2017

Source: www.out-law.com

Hillsborough disaster: Judge rules that six men charged following the investigation can go on trial – The Independent

‘Six men charged after an investigation into the Hillsborough disaster can go on trial, a judge has ruled.’

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The Independent, 6th September 2017

Source: www.independent.co.uk

NHS negligence bill set to more than double as waiting lists lengthen – Daily Telegraph

Posted September 7th, 2017 in health, hospitals, medical treatment, negligence, news, reports by tracey

‘Spiralling NHS negligence bills are set to double in less than five years, and could get even worse amid lengthening hospital waiting times, watchdogs have warned.’

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Daily Telegraph, 7th September 2017

Source: www.telegraph.co.uk

Report: “huge unmet legal need for unbundled services across the board” – Legal Futures

Posted September 6th, 2017 in legal services, negligence, news, reports, Solicitors Regulation Authority by sally

‘There is a massive demand for unbundled – or limited scope – legal services, not just in family law but in almost all areas of legal practice, according to a report on unbundling.’

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Legal Futures, 6th September 2017

Source: www.legalfutures.co.uk

Law Society fails in bid to throw out claim by firm over false ‘Find A Solicitor’ entry – Legal Futures

Posted August 29th, 2017 in appeals, duty of care, fraud, identity fraud, internet, law firms, Law Society, negligence, news by tracey

‘The Law Society has failed in its bid to strike out a negligence claim by a law firm that was the victim of a fraud after the details of another firm it had checked on the society’s online “Find a Solicitor” (FAS) facility turned out to be false.’

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Legal Futures, 29th August 2017

Source: www.legalfutures.co.uk