Dreamvar – where do we go from here? – Hardwicke Chambers

Posted June 18th, 2018 in breach of trust, identity fraud, negligence, news, sale of land, solicitors by sally

‘Who bears the loss when a purchaser agrees to buy a property which isn’t the seller’s to sell? In recent years the courts have had to grapple with the problem caused by “identity fraud”, where a fraudster masquerades as the owner of property, “sells” it to the unsuspecting victim, and then absconds with the money.’

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Hardwicke Chambers, 30th June 2018

Source: www.hardwicke.co.uk

Bouncy castle death pair jailed for three years – BBC News

Posted June 18th, 2018 in children, health & safety, homicide, negligence, news, sentencing by sally

‘Two fairground workers convicted of manslaughter by gross negligence after a bouncy castle blew away with a young girl inside have been jailed.’

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BBC News, 15th June 2018

Source: www.bbc.co.uk

NHS patient deaths to be investigated by medical examiners – The Guardian

Posted June 11th, 2018 in doctors, homicide, hospitals, negligence, news by sally

‘Medical examiners will investigate patient deaths in the NHS as part of changes to improve patient safety and protect medical staff from being criminalised for their mistakes.’

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The Guardian, 11th June 2018

Source: www.theguardian.com

Supreme Court to hear Darnley appeal in A&E receptionist case – Law Society’s Gazette

Posted June 6th, 2018 in appeals, hospitals, negligence, news, Supreme Court by tracey

‘The Supreme Court will look again this week at a case that split the Court of Appeal and was widely felt to have serious implications for clinical negligence law. Justices will hear the appeal in Darnley v Croydon Health Services NHS Trust after a challenge from the paralysed claimant was dismissed by majority in the Court of Appeal last year.’

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Law Society's Gazette, 6th June 2018

Source: www.lawgazette.co.uk

Doctor can return to work after causing decapitation of baby in mother’s womb, tribunal rules – The Independent

‘A doctor who caused a baby to be decapitated during birth has been cleared of misconduct and can return to work.’

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The Independent, 6th June 2018

Source: www.independent.co.uk

Jail for man who “grossly exaggerated” impact of negligent treatment in NHS first – Litigation Futures

Posted June 4th, 2018 in damages, medical treatment, negligence, news, personal injuries, sentencing by sally

‘A man who “grossly exaggerated” the effects of negligent hospital treatment – claiming £837,000 when he had been offered £30,000 – was last week sentenced to three months in jail in the first contempt of court case brought by an NHS foundation trust.’

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Litigation Futures, 4th June 2018

Source: www.litigationfutures.com

The Importance of Risk Assessments – Zenith PI Blog

Posted May 30th, 2018 in appeals, negligence, news, personal injuries by sally

‘In CC v Leeds City Council [2018] EWHC 1312 (QB) Mr Justice Turner reiterates the importance of the risk assessment in personal injury litigation. On appeal the judge rejected an argument that a claimant had failed to prove causation. The defendant’s argument that the claimant had not established negligence were withdrawn in the course of the appeal.’

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Zenith PI Blog, 28th May 2018

Source: zenithpi.wordpress.com

High Court refuses to strike out £1.2m family law negligence claim – Legal Futures

Posted May 16th, 2018 in law firms, negligence, news, striking out by sally

‘“Very real obstacles” faced by a family law client in bringing a negligence action against a Cheshire law firm did not mean that the claim should be struck out in its entirety, the High Court has ruled.’

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Legal Futures, 16th May 2018

Source: www.legalfutures.co.uk

Cheeki Rafiki yacht boss given suspended sentence over unsafe vessel – BBC News

Posted May 14th, 2018 in homicide, negligence, news, sentencing, suspended sentences by sally

‘A company boss who failed to safely operate a yacht on which four sailors were killed has been given a suspended prison sentence.’

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BBC News, 11th May 2018

Source: www.bbc.co.uk

Bouncy castle death: couple convicted of manslaughter – The Guardian

Posted May 10th, 2018 in health & safety, homicide, negligence, news by sally

‘Two fairground workers have been found guilty of the manslaughter by gross negligence of a seven-year-old girl who died after a bouncy castle blew away with her inside it.’

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The Guardian, 9th May 2018

Source: www.theguardian.com

Claimant held in contempt of court for grossly exaggerating negligence claim – UK Human Rights Law Blog

Posted May 4th, 2018 in contempt of court, hospitals, negligence, news, personal injuries by tracey

‘Calderdale Huddersfield NHS Foundation Trust v Sandip Singh Atwal [2018] EWHC 961 (QB). In a landmark case an NHS trust has successfully brought contempt proceedings against a DJ who grossly exaggerated the effect of his injuries in an attempt to claim over £800,000 in damages for clinical negligence. He faces a potential jail sentence.’

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UK Human Rights Law Blog, 3rd May 2018

Source: ukhumanrightsblog.com

NHS makes near record £19m payout to parents of girl left brain damaged after jaundice treatment went wrong – Daily Telegraph

Posted May 2nd, 2018 in birth, compensation, hospitals, negligence, news by tracey

‘The NHS has made a near record £19m payout to the parents of girl left brain damaged after jaundice treatment went wrong. The nine-year-old was born at King’s College Hospital with severe jaundice and her lawyers claimed there was a negligent delay in giving her a total blood transfusion.’

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Daily Telegraph, 1st May 2018

Source: www.telegraph.co.uk

Court of Protection solicitor convicted of neglect following elderly mother’s death – Legal Futures

Posted April 3rd, 2018 in elderly, families, negligence, news, powers of attorney, solicitors by sally

‘An associate in a law firm’s Court of Protection team has been convicted of the wilful neglect of her own elderly mother, who died in squalor despite the solicitor having power of attorney to act on her behalf.’

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Legal Futures, 3rd April 2018

Source: www.legalfutures.co.uk

Sensitisation to allergy is physical injury – Supreme Court – UK Human Rights Blog

‘Dryden and Others v Johnson Matthey [2018] UKSC 18. We are all made of stuff, and that stuff is not inert because it’s organic matter. Changes at the molecular level happen all the time, through cell death and replenishment, growth and the constant attrition caused by cosmic radiation on our DNA. Other changes are wrought by the environment or other organisms. Some changes are beneficial, even life saving, such as the removal of an appendix or the insertion of a pacemaker. The production of antibodies by vaccination have eradicated many diseases. Most of the time the body manages this itself. Every time certain cells in the blood encounter a foreign invader, they recruit the immune system to come up with a focussed weapon. This is an antibody, which lies dormant until the threat (the antigen) arises again. Antibodies are good things to have around until they’re provoked by enemies akin to the ones that created them, whereupon the body produces an allergic reaction to get rid of the toxin/allergen.’

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UK Human Rights Blog, 23rd March 2018

Source: ukhumanrightsblog.com

Pilot charged with manslaughter over Shoreham Airshow disaster which killed 11 people – Daily Telegraph

Posted March 23rd, 2018 in aircraft, homicide, negligence, news, prosecutions, public interest by tracey

‘The pilot of an aircraft which crashed and killed 11 people has been charged with 11 counts of manslaughter by gross negligence.’

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Daily Telegraph, 21st March 2018

Source: www.telegraph.co.uk

Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB) – Zenith Chambers

Posted March 20th, 2018 in burden of proof, expert witnesses, health, negligence, news by sally

‘Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB).’

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Zenith Chambers, 6th March 2018

Source: www.zenithchambers.co.uk

Aktas v Adepta and the Difficulty of Applying to Strike out “Second” Claim Forms – Zenith Chambers

‘The decision of the Court of Appeal in the cases of Aktas v Adepta and Dixie v British Polythene Industries Limited [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

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Zenith Chambers, 5th March 2018

Source: www.zenithchambers.co.uk

Legal bar for convicting healthcare professionals of manslaughter is ‘too low’, medical organisation warns – Daily Telegraph

Posted March 13th, 2018 in burden of proof, doctors, health, homicide, negligence, news, nurses by sally

‘The legal bar for convicting healthcare professionals of manslaughter is currently “too low”, a medical defence organisation has said.’

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Daily Telegraph, 13th March 2018

Source: www.telegraph.co.uk

A home for the disabled victim – Zenith PI

Posted March 9th, 2018 in birth, damages, disabled persons, hospitals, housing, negligence, news by tracey

‘This blog concerns the case of JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] PIQR Q3. William Davis J gave an impressive and comprehensive analysis of the many problems in that case. JR, who was born in 1992, in the course of delivery suffered from intracranial haemorrhage and brain injury. As a result he experienced severe spastic cerebral palsy and significant cognitive impairment. This was a consequence of the negligence of the Defendant hospital and the issues for the Judge to resolve concerned various questions which were in dispute regarding various consequences of the disaster at the time of JR’s birth.’

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Zenith PI, 9th March 2018

Source: zenithpi.wordpress.com

Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB) – Zenith PI

‘Two discrete procedural points arise out of Yip J’s decision in Saunders v Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB). They restate principles which are of considerable practical significance for those preparing and litigating civil claims.’

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Zenith PI, 6th March 2018

Source: zenithpi.wordpress.com