‘The solicitors to claimants who acquired a cause of action to sue the insolvent defendant’s lawyers for professional negligence cannot be prevented from accessing privileged material, the Court of Appeal has ruled.’
Legal Futures, 2nd July 2021
Source: www.legalfutures.co.uk
‘In Meadows v Khan [2021] UKSC 21, the Supreme Court unanimously dismissed Ms Meadows’ appeal, finding that there was no principled basis for excluding a clinical negligence claim from the ambit of the ‘scope of duty principle’ in the tort of negligence. The judgment can be read here. This short blog looks at the majority’s reasoning.’
Ropewalk Clinical Negligence Blog, 24th June 20201
Source: www.ropewalk.co.uk
‘In Khan v. Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort negligence more generally. In particular, the Court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies. In particular, it is not sufficient for a claimant to establish that – with competent advice – they would have made a different decision about their treatment or care. They must also demonstrate that the particular harm that they have suffered fell within the scope of the defendant’s duty of care.’
UK Human Rights Blog, 24th June 2021
Source: ukhumanrightsblog.com
‘A judge has decided that her ruling on an issue of indemnity costs should remain unpublished after the parties settled the dispute at the last minute.’
Law Society's Gazette, 21st June 2021
Source: www.lawgazette.co.uk
‘The Supreme Court has provided a “wholly new legal roadmap” for professional negligence after its ruling last week in two linked cases, the Professional Negligence Lawyers Association (PNLA) has said.’
Legal Futures, 22nd June 2021
Source: www.legalfutures.co.uk
‘The Supreme Court has backed a building society’s claim against its former auditor, in a ruling that provides a “more generous” test for the duty of care owed by professional advisers.’
Law Society's Gazette, 18th June 2021
Source: www.lawgazette.co.uk
‘Does a professional such as a solicitor, architect or pensions adviser have a duty to revisit their work and to correct a mistake they’ve made earlier? This is an important question for any professional and can be particularly significant when a client alleges that work done many years ago was negligent.’
Mills & Reeve, 14th June 2021
Source: www.mills-reeve.com
‘A High Court Master has recently considered whether in ‘failure to remove’ cases where a child has been accommodated under section 20, the accommodation of the child gives rise to a duty of care by way of assumption of responsibility, even if other steps taken by the local authority do not do so. Paul Stagg analyses the ruling.’
Local Government Lawyer, 11th June 2021
Source: www.localgovernmentlawyer.co.uk
‘The High Court has ruled that a litigant’s legal documents must remain privileged despite it being accepted they were part of an information-gathering deception.’
Law Society's Gazette, 9th June 2021
Source: www.lawgazette.co.uk
‘In Begum v Maran (UK) Ltd [2021] EWCA Civ 326, the Court of Appeal recently refused to dismiss a claim seeking damages from a UK-domiciled company following its sale of a ship to a third party, which arranged for its disposal in an unsafe manner. Although limited to arguability, it offers key insights into how duties could evolve into the consequences of corporates’ interactions with third parties.’
Law Society's Gazette, 7th June 2021
Source: www.lawgazette.co.uk
‘A litigant in a building dispute who claimed £3.7m in damages – only to be awarded just £2,000 at trial – has been hit with a costs bill of at least £500,000.’
Law Society's Gazette, 2nd June 2021
Source: www.lawgazette.co.uk
‘More needs to be done to bring maternity units at a city’s two main hospitals up to scratch, inspectors have said.’
BBC News, 28th May 2021
Source: www.bbc.co.uk
‘A litigation investment company bringing High Court proceedings over PIP breast implants has welcomed a liability decision in France but said there is “still much more work to be done” on its claim in the UK.’
Litigation Futures, 21st May 2021
Source: www.litigationfutures.com
‘A professional negligence claim against solicitors was issued too late because the clock began ticking from when the mistake was initially made rather than when damage ensued, the Court of Appeal has ruled.’
Law Society's Gazette, 19th May 2021
Source: www.lawgazette.co.uk
‘A new best practice guide urging board-level attention at NHS trusts so they can learn more from clinical negligence cases has been issued in a bid to improve patient safety and reduce claims.’
Litigation Futures, 10th May 2021
Source: www.litigationfutures.com
‘A High Court judge has criticised solicitors who sent him a letter during a trial trying to explain points that had arisen during cross-examination.’
Litigation Futures, 6th May 2021
Source: www.litigationfutures.com
‘Cauda equina syndrome is a rare and severe type of spinal stenosis. A narrowing of the spinal canal causes the nerves in the lower back to become severely compressed. Typically, but not exclusively, it results from a prolapsed disc bulge. The condition requires urgent hospital admission and timely surgery (usually decompression of the disc). The longer it goes untreated, the greater the chance it will result in permanent paralysis and incontinence. On that account, it leads to claims for clinical negligence, notably in respect of delayed diagnosis, whether against hospital or GP. On that account too, such claims have latterly given rise to a number of decisions by the higher courts. The purpose of this blog is to review three of them.’
Ropewalk Clinical Negligence Blog, 29th April 2021
Source: www.ropewalk.co.uk
‘The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid down in the case of Bolam v Friern Hospital Management Committee [1957] WLR 582. In Bolam, the Claimant sustained fractures of the acetabula during a course of electro-convulsive therapy administered to him at the Defendant’s mental hospital. In considering whether the Defendant was negligent in the manner in which it carried out the treatment, McNair J confirmed that: “the true test of establishing negligence in diagnosis or treatment on the part of a doctor was whether … he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art” (p.587). As case law has developed, so have the principles underpinning the issue of breach of duty in medical negligence cases. This has led to a recognition that the Bolam test is not appropriate to apply in every case.’
Ropewalk Clinical Negligence Blog, 20th April 2021
Source: www.ropewalk.co.uk
‘The mother of a man who died after suffering neglect said she felt “extreme distress and anger” at a critical new report into his care home.’
BBC News, 21st April 2021
Source: www.bbc.co.uk
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