‘A claimant suing his solicitors for negligence in how they pursued a claim for negligence against other solicitors has failed in his application for permission to appeal a ruling that refused summary judgment in his favour.’
Legal futures, 18th January 2022
Source: www.legalfutures.co.uk
‘Making claims against the NHS can be “a difficult, and in some cases inhumane, experience”, with the worst cases seeing staff trying to “proactively cover up” errors and even fabricating medical records, a report has found.
However, in other cases they were “very upfront about what had gone wrong” and consultants recommended taking legal action, according to research for the Association of Personal Injury Lawyers (APIL).’
Legal Futures, 12th January 2022
Source: www.legalfutures.co.uk
‘Hundreds of doctors around the country, along with representative organisations, have spoken out over the High Court finding a GP negligent for advice given to a mother before conception which led to the birth of a disabled child.’
Legal Futures, 20th December 2021
Source: www.legalfutures.co.uk
‘What approach should the court take when there is a fundamental dispute of fact between an individual’s recollection given in witness evidence and contemporaneous medical records? This was the issue in the trial of HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB), heard by Cotter J between 5 and 7 October 2021. The case will be of interest to clinical negligence practitioners following the judge’s preference of the Claimant’s mother’s witness evidence about matters that occurred 17 years earlier, despite the existence of a medical note made at the time which appeared to directly contradict that evidence.’
Ropewalk Clinical Negligence Blog, 7th December 2021
Source: www.ropewalk.co.uk
‘A couple whose child died in the womb after mistakes by maternity staff have received a £2.8m settlement.’
BBC News, 6th December 2021
Source: www.bbc.co.uk
‘The disruption caused by Covid last year was not a good enough excuse for a law firm missing a deadline to file amended particulars of claim by four months, the High Court has ruled.’
Legal Futures, 6th December 2021
Source: www.legalfutures.co.uk
‘A High Court judge has refused a litigant’s plea to adjourn a hearing date on the basis his preferred barrister was double booked on that date.’
Law Society's Gazette, 30th November 2021
Source: www.lawgazette.co.uk
‘Former Flat jockey Freddy Tylicki’s £6m negligence claim against fellow rider Graham Gibbons has begun in the High Court.’
BBC News, 29th November 2021
Source: www.bbc.co.uk
‘The drunkenness of a passenger seeking damages for injuries sustained in a car crash “will not avoid a finding of contributory negligence” where the claimant should have appreciated that the driver was too drunk to drive safely, the Court of Appeal has ruled.’
Law Society's Gazette, 16th November 2021
Source: www.lawgazette.co.uk
‘The drunkenness of a passenger seeking damages for injuries sustained in a car crash ‘will not avoid a finding of contributory negligence’ where the claimant should have appreciated that the driver was too drunk to drive safely, the Court of Appeal has ruled.’
Law Society's Gazette, 16th November 2021
Source: www.lawgazette.co.uk
‘In Castello v Gonschior [2021] EWHC 2742 (QB), Lambert J provides an important reminder of the importance of choosing the right experts and an example of the relevance, or lack of relevance, of complaints by other patients, and the evidential principles of “res ipsa loquitur” and Keefe v The Isle of Man Steam Packet Co Ltd [2010] EWCA Civ 683 (“Keefe”) in clinical negligence claims.’
Ropewalk Clinical Negligence Blog, 11th November 2021
Source: www.ropewalk.co.uk
‘A boy who suffered “catastrophic brain injuries” when doctors failed to see he had a virus and sent him home after he had a seizure has been awarded £27m.’
BBC News, 11th November 2021
Source: www.bbc.co.uk
‘Paul Stagg looks at the lessons from an important High Court ruling on ‘failure to remove’ claims.’
Local Government Lawyer, 8th November 2021
Source: www.localgovernmentlawyer.co.uk
‘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.’
Ropewalk Clinical Negligence Blog, 2nd November 2021
Source: www.ropewalk.co.uk
“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.”
Legal Futures, 4th November 2021
Source: www.legalfutures.co.uk
‘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.’
Atkin Chambers, 6th October 2021
Source: www.atkinchambers.com
‘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.’
Gatehouse Chambers, 28th October 2021
Source: gatehouselaw.co.uk
‘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.’
The Guardian, 3rd November 2021
Source: www.theguardian.com
‘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.’
Hailsham Chambers, 8th October 2021
Source: www.hailshamchambers.com
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