‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’
No. 5 Chambers, 10th October 2019
Source: www.no5.com
‘Kenneth Hamer gave the George Swift 2019 Lecture at the University of Southampton to the Royal College of General Practitioners, Wessex Faculty, on “The Implications of Bawa-Garba and the Boundaries of Professional Conduct”.’
Henderson Chambers, 11th October 2019
Source: www.hendersonchambers.co.uk
‘Applications for interim payments of costs are likely to continue to become more common, at least until some higher judicial authority suggests that they should not be allowed in principle or save in exceptional circumstances. In the meantime, practitioners would be well advised to be aware of some practical guidance as to how such applications should be presented.’
Hailsham Chambers, 24th October 2019
Source: www.hailshamchambers.com
‘The University of Glasgow’s study is of huge significance in football’s long-running history with brain injury. The fact that neurodegenerative disease was listed as the primary or contributory cause of death amongst so many former players is staggering. This evidence cannot be ignored, the links are known and football’s governing bodies have a responsibility to the players. If they do not now act, they will leave themselves vulnerable to legal claims. The law is clear and football is no different to any other employer-employee relationship. If your employer knows of a risk that can be mitigated and takes no reasonable action to remedy it, then you are looking at legal redress.’
Daily Telegraph, 22nd October 2019
Source: www.telegraph.co.uk
‘The High Court has confirmed that law firms can apply for interim payments on account of costs in medical negligence cases where it may be many years until they conclude, and set out how they should approach them.’
Litigation Futures, 22nd October 2019
Source: www.litigationfutures.com
‘A 67-year-old man who left his wife covered in filth, flies and maggots has been jailed for eight years.’
BBC News, 10th October 2019
Source: www.bbc.co.uk
‘Rory Thomson, a senior associate in the Insurance and Reinsurance Group at CMS, previews the appeal pending in the case of Edwards v Hugh James Ford Simey (a firm). The case concerns the correct approach to the assessment of damages in a claim for loss of chance arising from solicitors’ negligence, and the extent to which a court should admit evidence obtained after the date of settlement of the original claim as part of that assessment. The appeal was heard by the UK Supreme Court on 25 July 2019, and its judgment is currently awaited.’
UKSC Blog, 30th September 2019
Source: ukscblog.com
‘A former client suing Leeds law firm Shulmans for £4m has lost his bid to do so anonymously.’
Litigation Futures, 30th September 2019
Source: www.litigationfutures.com
‘The case of Fullick v The Commissioner of Police of the Metropolis [2019] EWHC 1941 (QB) concerned an appeal of a Deputy Master’s order that the MET Commissioner pay the claimants’ costs in the sum of £88,356.22, following the settlement of a contemplated civil claim for damages for breach of article 2 of the European Convention of Human Rights, negligence and misfeasance in public office. Slade J held that the Deputy Master had not erred in awarding the claimants their costs relating to the inquest because the steps taken for the purposes of it were relevant to the civil claim.’
UK Police Law Blog, 14th September 2019
Source: ukpolicelawblog.com
‘A series of hospital failings contributed to the death of a five-year-old girl who died from toxic shock syndrome, an inquest jury has found.’
BBC News, 4th September 2019
Source: www.bbc.co.uk
‘A man has admitted crushing a three-year-old boy to death with his car seat.’
The Guardian, 2nd September 2019
Source: www.theguardian.com
‘Interim payment applications are often the battleground for pre-trial skirmishes, the warm-up before the main event. Recent cases have identified some successful arguments made by defendants in disputed IP applications and particularly the evidence needed by a defendant if they wish to successfully challenge an application.’
Hardwicke Chambers, 8th August 2019
Source: hardwicke.co.uk
‘Every professional negligence lawyer knows that establishing the necessary causative link between a professional’s breach of duty and the loss suffered by the client can be the most difficult aspect of any claim. That can prove even more problematic in construction professional negligence cases, in particular those involving costs “overrun”, both because of the broader range of alternative hypotheticals and the number of other professionals involved with the project.’
Hardwicke Chambers, 6th August 2019
Source: hardwicke.co.uk
‘A care worker who left a severely disabled woman to starve to death in her home has been convicted of gross negligence manslaughter.’
The Independent, 28th August 2019
Source: www.independent.co.uk
‘A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity Lawyers.’
Hailsham Chambers, 13th August 2019
Source: www.hailshamchambers.com
‘In Robinson v. Chief Constable of West Yorkshire Police [2014] EWCA Civ 15 the Court of Appeal held that “the Caparo test applies to all claims in the modern law of negligence”. By the time the case reached the Supreme Court that well-known three-stage test had been held to be of no practical application. How and why did this volte-face occur? And where does that leave lawyers and judges when deciding whether a duty of care is owed or not? Mark Cannon QC and Joshua Folkard discuss.’
4 New Square, 13th August 2019
Source: www.4newsquare.com
‘There is still “quite a lot of ignorance” among solicitors about adjudication as a “swift and relatively inexpensive” way of settling professional negligence disputes, a barrister adjudicator has said.’
Litigation Futures, 22nd August 2019
Source: www.litigationfutures.com
‘Regardless of whether one attributes this famous quote to Voltaire or Spider-Man, the sentiment is the same. Power and responsibility should be in equilibrium. More power than responsibility leads to decision-making with little concern for the consequences and more responsibility than power leads to excessive caution. This article argues that there is now a disequilibrium in the NHS, which is the root cause for defensive medical practice and the growing NHS litigation bill.’
UK Human Rights Blog, 21st August 2019
Source: ukhumanrightsblog.com
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