Category: negligence

Stoffel & Co. v Grondona [2020] UKSC 42 – Hailsham Chambers

Posted November 10th, 2020 in compensation, defences, diminished responsibility, homicide, hospitals, illegality, mental health, negligence, news, solicitors by sally

‘In Stoffel & Co. v Grondona, the Supreme Court considered the operation of the common law defence of illegality in the context of solicitors’ negligence for the first time since its seminal decision in Patel v Mirza [2017] AC 467. At the same time, the Court handed down judgment in a clinical negligence case: Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43.’

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Hailsham Chambers, 3rd November 2020

Source: www.hailshamchambers.com

Divisional Court gives guidance on article 2 inquests – UK Human Rights Law Blog

Posted November 6th, 2020 in bereavement, domestic violence, families, homicide, human rights, inquests, murder, negligence, news, police, statutory duty by tracey

‘R (Peter Skelton and anr) v Senior Coroner for West Sussex [2020] EWHC 2813 (Adminn). Susan Nicholson and Caroline Devlin were killed by the same man during the course of abusive relationships. They died in 2011 and 2006, but the man was not convicted – of murder and manslaughter respectively – until 2017. The inquest into Susan’s death in 2011 resulted in a verdict of accidental death. Following the murder conviction, the Coroner applied to the High Court for this to be quashed, with the intention of holding a short inquest at which a fresh conclusion of “unlawful killing” would be recorded. However, the Claimants in this case – Susan’s parents – sought to expand the scope of the inquest to consider what they thought, understandably, were police failings. They were successful; this blog explains why, and examines the wider implications of the ruling.’

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UK Human Rights Law Blog, 5th November 2020

Source: ukhumanrightsblog.com

Mental health, clinical negligence and the illegality defence – UK Human Rights Law Blog

Posted November 6th, 2020 in appeals, compensation, damages, ex turpi causa, families, homicide, hospitals, human rights, illegality, mental health, negligence, news, Supreme Court by tracey

‘In Ecila Henderson v. Dorset Healthcare University NHS Trust Foundation [2020] UKSC 43 the Supreme Court has revisited the defence of illegality (“ex turpi causa”) in the context of a claim for clinical negligence.’

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UK Human Rights Law Blog, 3rd November 2020

Source: ukhumanrightsblog.com

Fraud does not oust negligence claim, Supreme Court rules – Law Society’s Gazette

Posted November 5th, 2020 in defences, fraud, illegality, mortgages, negligence, news, Supreme Court by tracey

‘Lawyers have stressed that the illegality principle in civil claims remains intact despite the Supreme Court finding in favour of a mortgage fraudster in a dispute with a law firm.’

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Law Society's Gazette, 4th November 2020

Source: www.lawgazette.co.uk

Police ‘failings’ to be considered at new inquest into death of Susan Nicholson – Daily Telegraph

Posted October 26th, 2020 in bereavement, coronavirus, domestic violence, families, inquests, judicial review, negligence, news, police by sally

‘The family of a woman murdered by a double killer have won a legal battle for a new inquest into her death to consider potential police failings.’

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Daily Telegraph, 23rd October 2020

Source: www.telegraph.co.uk

“Negligent” firm avoids wasted costs order after failing to pass on offer – Litigation Futures

Posted October 1st, 2020 in costs, law firms, negligence, news, wasted costs orders by sally

‘The High Court has upheld a decision not to order wasted costs against a law firm that failed to pass on a “drop hands” settlement offer to a client who was ultimately found to be fundamentally dishonest.’

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Litigation Futures, 30th September 2020

Source: www.litigationfutures.com

Defence QC’s accusation against prosecutor was not misconduct – Legal Futures

Posted September 25th, 2020 in barristers, codes of practice, disciplinary procedures, disclosure, expert witnesses, negligence, news, professional conduct by sally

‘A QC who accused prosecution counsel of bad faith without reasonable grounds was in breach of Bar Standards Board rules but not to the level of professional misconduct, a tribunal has ruled.’

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Legal Futures, 25th September 2020

Source: www.legalfutures.co.uk

Olivia Burt’s family ‘disappointed’ with CPS decision – BBC News

Posted September 14th, 2020 in bereavement, corporate manslaughter, criminal justice, Crown Prosecution Service, families, health & safety, homicide, negligence, news by tracey

‘The parents of a student who died when a barrier collapsed outside a nightclub say they are “deeply disappointed” no-one will face criminal prosecution.’

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BBC News, 14th September 2020

Source: www.bbc.co.uk

When can contractual limitation of liability clause limit third party’s tort claim? – Practical Law: Construction Blog

Posted September 2nd, 2020 in construction industry, contracts, duty of care, negligence, news, third parties by tracey

‘This was the question the court was asked to answer in RSK Environmental Ltd v Hexagon Housing Association Ltd.’

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Practical Law: Construction Blog, 26th August 2020

Source: constructionblog.practicallaw.com

Rapper Ceon Broughton wins appeal against manslaughter conviction following festival death of Louella Fletcher-Michie – Garden Court Chambers

Posted August 28th, 2020 in appeals, causation, chambers articles, criminal justice, drug abuse, drug offences, expert witnesses, homicide, negligence, news, standard of proof by sally

‘Ceon Broughton, a rapper jailed over the death of his partner Louella Fletcher-Michie from a drug overdose at Bestival has won his appeal against his manslaughter conviction. Broughton’s conviction in 2019 and seven-year prison sentence for manslaughter was quashed on 18 August 2020 by the Court of Appeal. The appeal was heard before The Lord Chief Justice of England and Wales Lord Burnett, Mr Justice Sweeney and Mr Justice Murray.’

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Garden Court Chambers, 18th August 2020

Source: www.gardencourtchambers.co.uk

Judge lashes out at “shameful drivel” produced in RTA claims – Litigation Futures

Posted August 28th, 2020 in disciplinary procedures, disclosure, documents, forgery, law firms, negligence, news, personal injuries, professional conduct, solicitors by sally

‘A deputy district judge lambasted law firms’ approach to low-value road traffic claims, describing them as “drivel” and saying “they are mostly prepared in a way which makes me ashamed of our profession”.’

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Litigation Futures, 28th August 2020

Source: www.litigationfutures.com

Court overturns man’s conviction for girlfriend’s Bestival drug death – The Guardian

Posted August 19th, 2020 in appeals, criminal justice, drug abuse, expert witnesses, homicide, juries, negligence, news, standard of proof by sally

‘The rapper Ceon Broughton has had his conviction for the manslaughter of his girlfriend overturned by the court of appeal.’

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The Guardian, 18th August 2020

Source: www.theguardian.com

Court avers the right to legal proceedings but you may still have to pay up front on existing judgments – Hardwicke Chambers

Posted August 17th, 2020 in chambers articles, construction industry, contracts, damages, negligence, news, stay of proceedings, striking out by sally

‘This case acts as a reminder of the hierarchy to seeking a remedy in construction contracts. The right to legal proceedings in construction contracts is more fundamental than the payment provisions. The payment provisions are superior to the adjudication provisions. However, a party will still have to honour judgment debts in related proceedings.’

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Hardwicke Chambers, 5th August 2020

Source: hardwicke.co.uk

NHS, solicitors and patients group agree Covid-19 claims protocol – Litigation Futures

Posted August 17th, 2020 in claims management, compensation, coronavirus, delay, hospitals, limitations, negligence, news, time limits by sally

‘NHS Resolution, the Society of Clinical Injury Lawyers (SCIL) and patient safety charity Action against Medical Accidents (AvMA) have signed up to a new protocol to better manage claims during Covid-19.’

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Litigation Futures, 14th August 2020

Source: www.litigationfutures.com

Courts reluctant to strike-out negligence actions against the police – UK Police Law Blog

Posted August 5th, 2020 in accidents, chambers articles, duty of care, negligence, news, police, professional conduct, road safety, striking out by sally

‘In Tindall v Chief Constable of Thames Valley Police [2020] EWHC 837 (QB) — available on Westlaw but not yet Bailii or the ICLR, the courts have again demonstrated a reluctance to strike-out a police negligence claim. This shows the difficulty of trying to show whether the police have positively created a danger / made it worse or merely refrained from protecting someone. A claim against the police for negligence will usually arise in the first instance but not, subject to exceptions, the second.’

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UK Police Law Blog, 4th August 2020

Source: ukpolicelawblog.com

Court rules £2.2m claim was abuse of process but will live on – Law Society’s Gazette

Posted August 4th, 2020 in abuse of process, accidents, negligence, news, personal injuries, road traffic, solicitors, striking out by sally

‘The Court of Appeal has overturned a decision to strike out a £2.2m personal injury claim, despite concluding it was issued inappropriately and there had been an abuse of process.’

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Law Society's Gazette, 4th August 2020

Source: www.lawgazette.co.uk

CA reinstates £2.6m that languished in RTA portal for four years – Litigation Futures

Posted August 4th, 2020 in accidents, appeals, negligence, news, personal injuries, road traffic, solicitors, striking out by sally

‘The Court of Appeal has overturned a decision to strike out a £2.6m personal injury claim which remained in the RTA portal for almost four years before the claimant’s solicitors sought to transfer it to the multi-track.’

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Litigation Futures, 4th August 2020

Source: www.litigationfutures.com

New high for NHS claims settling before proceedings – Litigation Futures

Posted July 22nd, 2020 in compensation, damages, dispute resolution, hospitals, indemnities, negligence, news, statistics by sally

‘The percentage of clinical claims against the NHS being resolved before issue has continued to climb to new levels, although claimant legal costs have also increased over the past year.’

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Litigation Futures, 21st July 2020

Source: www.litigationfutures.com

Parents of student who killed herself launch legal action against University of Bristol – The Guardian

Posted July 20th, 2020 in disability discrimination, disabled persons, duty of care, equality, inquests, mental health, negligence, news, suicide, universities by sally

‘The parents of a student with severe social anxiety who took her own life on the day she was scheduled to face “the ordeal” of an important oral test have launched legal proceedings against her university, claiming she was the victim of negligence and disability discrimination.’

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The Guardian, 20th July 2020

Source: www.theguardian.com

Asbestos victims fail again in bid to access case papers – Litigation Futures

Posted July 17th, 2020 in appeals, asbestos, damages, disclosure, documents, negligence, news, Supreme Court, third parties by sally

‘The group whose bid to access a bundle from litigation involving an asbestos manufacturer led to a Supreme Court ruling on open justice has failed in its application for the documents.’

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Litigation Futures, 16th July 2020

Source: www.litigationfutures.com