Category: negligence

Limitation in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

Posted November 8th, 2021 in chambers articles, damages, hospitals, limitations, medical treatment, negligence, news, personal injuries by tracey

‘Civil practitioners dealing with personal injury claims are generally familiar with the three-year limitation period imposed by section 11 of the Limitation Act 1980. Put simply, claims for personal injury (whether arising from negligence, nuisance or breach of duty) must be brought within three years of the date on which the cause of action accrued (section 11(4)(a)) or the date of knowledge (if later) of the person injured (section 11(4)(b)). A person’s “date of knowledge” for the purposes of section 11(4)(b) is defined in section 14 of the Limitation Act 1980.’

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Ropewalk Clinical Negligence Blog, 2nd November 2021

Source: www.ropewalk.co.uk

Solicitor struck off for misleading client about settlement – Legal Futures

Posted November 5th, 2021 in damages, disciplinary procedures, negligence, news, personal injuries, professional conduct, solicitors, Solicitors Regulation Authority by michael

“An experienced solicitor who worked at Slater & Gordon has been struck off after telling a personal injury client that her case was ongoing when it had actually settled and using some of the money to pay other clients damages they were not entitled to.”

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Legal Futures, 4th November 2021

Source: www.legalfutures.co.uk

“Triple Point Technology Inc v PTT Public Company Limited [2021] UKSC 29” – Atkin Chambers

Posted November 4th, 2021 in contracts, damages, delay, negligence, news, Supreme Court by sally

‘The United Kingdom Supreme Court, allowing an appeal by PTT from the Court of Appeal, has clarified the relevant principles of English law relating to the construction of clauses providing for the payment of liquidated damages for delay. The Supreme Court has confirmed that, unless clear words in the contract provide otherwise, liquidated damages for delay will be an accrued right which is recoverable where the contract is terminated either under its terms or at law for repudiation.’

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Atkin Chambers, 6th October 2021

Source: www.atkinchambers.com

Surely, I’m Insured?! Is a defendant insured only when sure the insurer will pay out? – Gatehouse Chambers

Posted November 4th, 2021 in civil procedure rules, insurance, negligence, news, personal injuries, statutory interpretation by sally

‘The Claimant was employed as a labourer by the Second Defendant (‘YKS’) who, in turn, were engaged by the Appellant Fourth Defendant (‘Buttar’) as an independent brickwork contractor. The First and Third Defendants were individuals who controlled the Second and Fourth Defendants. The Claimant suffered catastrophic injuries at a building site and brought proceedings in negligence against, inter alia, YKS, as his employer; and Buttar, as the main contractor on site. The Court recognised that there was a compelling need for an interim payment to fund an appropriate rehabilitation package for the Claimant if he was able to satisfy the legal requirements for obtaining the same.’

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Gatehouse Chambers, 28th October 2021

Source: gatehouselaw.co.uk

Capita pays compensation to family of woman who died after benefits cut – The Guardian

Posted November 3rd, 2021 in benefits, bereavement, compensation, contracting out, families, government departments, inquests, mental health, negligence, news, suicide by sally

‘A government contractor has paid out “substantial” compensation following the death of a young mother who took an overdose after her disability benefits were removed.’

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The Guardian, 3rd November 2021

Source: www.theguardian.com

The (Rebuttable) Presumption of Honesty – Hailsham Chambers

Posted November 2nd, 2021 in causation, fiduciary duty, loss of chance, negligence, news, set-off, solicitors by sally

‘The claim related to an opportunity to develop a Jaguar Land Rover (JLR) dealership in Wolverhampton (the Wolverhampton Opportunity), which the claimants alleged was lost due to the negligence of the defendant solicitors.’

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Hailsham Chambers, 8th October 2021

Source: www.hailshamchambers.com

Court allows part of negligence claim against firm to go to trial – Legal Futures

Posted November 1st, 2021 in damages, duty of care, law firms, medicines, negligence, news, personal injuries, striking out by tracey

‘A law firm now part of consolidator Metamorph Law has been only partially successful in striking out a claim over how it advised a client on his clinical negligence case.’

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Legal Futures, 1st November 2021

Source: www.legalfutures.co.uk

Material Contribution in the Spotlight (Again) following Thorley v Sandwell & West Birmingham Hospitals NHS Trust – Ropewalk Clinical Negligence Blog

Posted October 29th, 2021 in causation, chambers articles, damages, expert witnesses, hospitals, negligence, news, personal injuries by tracey

‘This blog deals with the causation aspects of Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB). Philip Godfrey dealt with the factual background and breach of duty aspects of this case in his recent blog. In short, Soole J preferred the evidence of the Defendant’s expert and dismissed the claim on that basis. In so doing, however, he concluded that as a matter of law the material contribution approach to causation does not apply when there is a single tortfeasor and an indivisible injury.
Soole J is surely right to acknowledge that this is an issue “ripe for authoritative review” (see [151]), but it is suggested that his reasons for reaching the above conclusion are somewhat questionable.’

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Ropewalk Clinical Negligence Blog, 26th October 2021

Source: www.ropewalk.co.uk

Emiliano Sala: Businessman who organised fatal flight found guilty of endangering safety of plane – The Independent

Posted October 29th, 2021 in accidents, aircraft, endangering safety of aircraft, health & safety, negligence, news by tracey

‘The businessman who organised the flight that crashed and killed footballer Emiliano Sala has been found guilty of endangering the safety of an aircraft.’

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The Independent, 28th October 2021

Source: www.independent.co.uk

Costs Order against Dental Expert who Showed a Flagrant, Reckless Disregard for his Duties to the Court – Ropewalk Clinical Negligence Blog

Posted October 25th, 2021 in chambers articles, costs, dentists, expert witnesses, negligence, news, third parties by tracey

‘Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021), Dr Mercier, was initially oblivious of the court’s direction that the Defendant trust would have 21 days to consider whether to pursue a third-party costs order (“TCPO”) against the expert.’

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Ropewalk Clinical Negligence Blog, 19th October 2021

Source: www.ropewalk.co.uk

Court throws out claim over law firm’s “trivial” data breach – Legal Futures

Posted October 21st, 2021 in confidentiality, data protection, electronic mail, law firms, misuse of private information, negligence, news by sally

‘The High Court has imposed indemnity costs on a family that claimed damages for distress after a law firm accidentally sent an email about outstanding school fees to the wrong person.’

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Legal Futures, 21st October 2021

Source: www.legalfutures.co.uk

Janner child abuse claims: police guilty of failing to investigate, report finds – The Guardian

Posted October 20th, 2021 in child abuse, children, Crown Prosecution Service, inquiries, negligence, news, police, sexual offences by sally

Leicestershire police were guilty of multiple serious and inexcusable failures to properly investigate allegations of child sexual abuse against the late Labour peer Greville Janner, according to a damning report.’

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The Guardian, 19th October 2021

Source: www.theguardian.com

Breach of Duty and Hospital Guidelines: Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB) – Ropewalk Clinical Negligence Blog

Posted October 13th, 2021 in causation, chambers articles, health, hospitals, medical treatment, negligence, news, personal injuries by tracey

‘This case considered the interplay between hospital guidelines and breach of duty in the clinical negligence setting.’

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Ropewalk Clinical Negligence Blog, 12th October 2021

Source: www.ropewalk.co.uk

UK journalist wins £80k damages after being hired ‘to smear’ UAE and Egypt critics – The Guardian

Posted October 12th, 2021 in damages, fraud, media, misrepresentation, negligence, news by sally

‘A journalist has been awarded more than £80,000 in damages against a London-based investigative website and its CEO – a press freedom campaigner – after claiming she was duped into joining the organisation only to find out it was a propaganda vehicle for the UAE and Egypt.’

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The Guardian, 11th October 2021

Source: www.theguardian.com

‘Negligent’ London firm defeats £12m claim for lack of causation – Legal Futures

Posted October 1st, 2021 in causation, construction industry, damages, law firms, negligence, news by tracey

‘Leading London law firm Withers has fought off a £12m claim on the basis of causation after the High Court ruled that it gave negligent advice to a property developer.
However, His Honour Judge Pelling QC, sitting as a High Court judge, found that the firm gave negligent advice on a settlement agreement, leading to an award of £270,000 in damages.’

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Legal Futures, 1st October 2021

Source: www.legalfutures.co.uk

Illegality in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

Posted September 23rd, 2021 in illegality, mental health, negligence, news, personal injuries by tracey

‘A man with longstanding mental health issues walks into a pub with a can of petrol and a knife. He proceeds to pour the petrol on himself and says he is going to burn the pub down. The police are called, he is arrested and whilst in police custody, he undergoes a Mental Health Act assessment. It is alleged that the assessors negligently fail to recommend transfer to a secure psychiatric unit. The man alleges that he suffered an exacerbation of his mental health as a result of being transferred to a medium secure prison where he witnessed various unpleasant acts that he would not have witnessed in a secure psychiatric unit.’

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Ropewalk Clinical Negligence Blog, 22nd September 2021

Source: www.ropewalk.co.uk

Ruling highlights risk of personal liability of partners in dental practices – OUT-LAW.com

Posted September 16th, 2021 in contracts, dentists, negligence, news, partnerships, self-employment, vicarious liability by tracey

‘A recent preliminary judgment by the High Court in London provides a stark reminder of the potential exposure for personal liability faced by partners in dental practices and the need for appropriate contractual protections to mitigate those risks.’

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OUT-LAW.com, 15th September 2021

Source: www.pinsentmasons.com

Vicarious Liability and the Non-Delegable Duty in the Context of Dental Negligence Claims: Hughes v Rattan – Ropewalk Clinical Negligence Blog

Posted September 13th, 2021 in chambers articles, compensation, damages, dentists, duty of care, negligence, news, vicarious liability by tracey

‘For several years in the 2000s and 2010s, the law relating to vicarious liability and non-fault liability more generally was “on the move”. However, in the last couple of years, the case law dealing with non-fault liability has been far less fruitful for claimants (e.g. Barclays Bank Plc v Various Claimants [2020] UKSC 13; SKX v Manchester City Council [2021] EWHC 782 (QB)). So the decision of Heather Williams QC (sitting as a Deputy High Court Judge) in the case of Hughes v Rattan [2021] EWHC 2032 (QB) provides an early sign that the tide may be turning back in favour of claimants, at least in the context of medical negligence claims.’

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Ropewalk Clinical Negligence Blog, 7th September 2021

Source: www.ropewalk.co.uk

High Court dismisses £2.7m law firm negligence claim – Legal Futures

Posted September 7th, 2021 in law firms, negligence, news, summary judgments by sally

‘The High Court has granted summary judgment in favour of a law firm and its senior partner and dismissed a £2.7m negligence claim.’

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Legal Futures, 7th September 2021

Source: www.legalfutures.co.uk

Hospital admits liability for baby’s death after ignoring mother’s concerns – The Guardian

Posted September 7th, 2021 in birth, hospitals, negligence, news, pregnancy by sally

‘A hospital has admitted liability for the death of a baby who was delivered stillborn three days after his mother’s complaints of fluid loss and severe pain were dismissed as wetting the bed.’

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The Guardian, 6th September 2021

Source: www.theguardian.com