Ava-May Littleboy: No police action over girl’s death on inflatable – BBC News

Posted March 14th, 2019 in health & safety, homicide, negligence, news, prosecutions by sally

‘Two people arrested after a three-year-old girl died after being thrown from an inflatable trampoline will face no further action, police have confirmed.’

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BBC News, 13th March 2019

Source: www.bbc.co.uk

Doctors’ failure to spot sepsis led to toddler’s death, coroner rules – The Guardian

‘A two-year-old girl died as a result of neglect after the gross failure of doctors to diagnose sepsis, a coroner has ruled.’

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The Guardian, 12th March 2019

Source: www.theguardian.com

Bungled Litigation and Costs – 4 New Square

Posted March 12th, 2019 in costs, damages, fees, insurance, negligence, news by sally

‘In principle, costs and funding should be taken into account when determining the value of litigation which has been lost by lawyers’ negligence. The Courts by and large purport to do this,[1] but the reported cases mostly do not do so adequately, and as a result considerably overvalue lost claims. I will attempt in this paper to show why, backed up by some simple calculations. In particular, the possibility of losing any trial makes a very great impact on the value of a claim.’

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4 New Square, 28th February 2019

Source: www.4newsquare.com

Foster carers sue council for negligence over placement of Parsons Green bomber – Local Government Lawyer

‘A couple who fostered an 18 year old man who left a bomb on a Tube train at Parsons Green are to sue Surrey County Council for negligence and breach of their right to family life under the Human Rights Act.’

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Local Government Lawyer, 7th March 2019

Source: www.localgovernmentlawyer.co.uk

Former Royal Marine reaches agreement with MoD after suing for hearing loss – Daily Telegraph

‘A Former Royal Marine has reached an agreement with the Ministry of Defence (MoD) after suing for hearing loss, in a case that could cost the government millions.’

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Daily Telegraph, 4th March 2019

Source: www.telegraph.co.uk

Solicitors and QC “cannot rely” on without prejudice negotiations – Legal Futures

‘Allowing a City law firm and QC to rely on ‘without prejudice’ communications to defend allegations of professional negligence could “undermine the policy of encouraging parties to settle disputes”, the High Court has ruled.’

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Legal Futures, 4th March 2019

Source: www.legalfutures.co.uk

Pilot guilty of endangering life after crashing illegal commercial flight – Crown Prosecution Service

Posted February 21st, 2019 in aircraft, negligence, press releases, professional conduct by sally

‘A pilot has today been found guilty of breaching aviation laws after his overloaded plane crashed near the M62.’

Full press release

Crown Prosecution Service, 20th February 2019

Source: www.cps.gov.uk

Lydia Banerjee Writes “The Professional Obligations Owed By Auditors Have Been Under The Spot Light in Two Recent Case” – Littleton Chambers

Posted February 19th, 2019 in appeals, auditors, building societies, mortgages, negligence, news by sally

‘On 30 January 2019 the Court of Appeal gave their judgment in the case of Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40. The following day judgment was handed down by the Honourable Mr Justice Bryan in AssetCo Plc v Grant Thornton UK LLP [2019] EWHC 150.’

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Littleton Chambers, 14th February 2019

Source: www.littletonchambers.com

Negligence in Residential Leasehold Conveyancing – Dealing with Protected Residential Tenancies – Hardwicke Chambers

Posted February 19th, 2019 in conveyancing, housing, landlord & tenant, leases, licensing, negligence, news, solicitors by sally

‘This article will look at just one of the (numerous) issues of which transactional solicitors need to be aware when dealing with residential conveyancing: protected residential tenancies. The following samples the chapter on Residential Leasehold Conveyancing in the Law Society’s latest publication: Risk & Negligence in Property Transactions edited by John de Waal QC.’

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Hardwicke Chambers, 15th February 2019

Source: hardwicke.co.uk

SAAMCO revisited: information, advice and assumption of responsibility – Hardwicke Chambers

Posted February 19th, 2019 in appeals, auditors, building societies, mortgages, negligence, news by sally

‘In Manchester Building Society v Grant Thornton UK LLP [2019] EWCA Civ 40, the Court of Appeal yet again had to consider the application of the SAAMCO principle. Perhaps most significantly, the decision underlines the need to distinguish between ‘information’ and ‘advice’ cases when assessing the extent of a defendant’s liability for professional negligence.’

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Hardwicke Chambers, 14th February 2019

Source: hardwicke.co.uk

Case Comment: Perry v Raleys Solicitors [2019] UKSC 5 – UKSC Blog

‘Rory Thomson, a senior associate in the disputes team at CMS, comments on the judgment of the UK Supreme Court in the case of Perry v Raleys Solicitors, which was handed down on 13 February 2019. The judgment is a useful affirmation and clarification of the law on the assessment of causation and loss in professional negligence cases.’

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UKSC Blog, 18th February 2019

Source: ukscblog.com

New Judgment: Perry v Raleys Solicitors [2019] UKSC 5 – UKSC Blog

‘Considers liability and damages where the appellant solicitor negligently failed to advise a client of a potential claim against a third party. Held: allowing the appeal, loss of chance damages have been developed by the courts to deal with the difficulties arising from the assessment of counter-factual and future events. In both types of situation, the courts at times depart from the ordinary burden on a claimant to prove the facts required for a successful claim on the balance of probabilities. However, this does not mean that the basic requirement that a negligence claim requires proof that loss has been caused by the breach of duty is abandoned. Applying this approach, the respondent needed to prove that, properly advised, he would have made a claim within time. Further, the judge was correct to impose the additional requirement of the claim having to be an honest claim.’

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UKSC Blog, 13th February 2019

Source: ukscblog.com

Raleys ruling “good news for law firms and their insurers” – Legal Futures

‘Yesterday’s Supreme Court ruling on solicitors’ professional negligence is good news for both law firms and their insurers, and should stem the flow of claims about the under-settlement of personal injury claims, experts have said.’

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Legal Futures, 14th February 2019

Source: www.legalfutures.co.uk

Private AI – claims against approved inspectors – Practical Law: Construction Blog

Posted February 12th, 2019 in building law, defective premises, health & safety, insurance, negligence, news by sally

‘The extent to which property owners of a defective building have a valid claim against professionals with involvement in the development is a subject that has recently seen an upsurge in interest and litigation. In the past months two TCC judgments have been published that consider the particular role and potential liabilities of approved inspectors (AIs): Zagora Management Ltd and others v Zurich Insurance plc and others and Lessees and Management Company of Herons Court v Heronslea Ltd and others.

To the disappointment of property owners, and perhaps the relief of insurers, these cases demonstrate the difficulties claimants face in succeeding against AIs.’

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Practical Law: Construction Blog, 11th February 2019

Source: constructionblog.practicallaw.com

Cover-up fears as hundreds of contaminated blood files ‘vanish’ before inquiry can see them – The Independent

Posted February 12th, 2019 in blood products, HIV, medical treatment, negligence, news by sally

‘Victims of the contaminated blood scandal have raised fears of a cover-up after it emerged hundreds of “crucial” documents were removed by government officials and are now missing.’

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The Independent, 11th February 2019

Source: www.independent.co.uk

What price freedom? Counting the cost when DoLS goes wrong – UK Human Rights Blog

‘Twenty years on from Bournewood, the case that prompted the introduction of DoLS, and as the Mental Capacity Amendment Bill tolls the death knell for DoLS and introduces as their replacement Liberty Protection Safeguards, the High Court (HHJ Coe sitting as a Deputy High Court Judge) has given a sharp reminder of the human and financial cost of what happens when a hospital fails properly to discharge its obligations under the Mental Capacity Act and as a result, falsely imprisons (in a hospital) a patient.’

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UK Human Rights Blog, 5th February 2019

Source: ukhumanrightsblog.com

Appeal judges rule on difference between ‘advice’ and ‘information’ – Litigation Futures

Posted February 8th, 2019 in accounts, legal services, negligence, news, solicitors by sally

‘The Court of Appeal has set out a series of steps courts should take when deciding whether a professional negligence case involves ‘advice’ or ‘information’.’

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Litigation Futures, 6th February 2019

Source: www.litigationfutures.com

Former prisoner sues Ministry of Justice over PTSD from rats – The Guardian

‘A man is suing the prison service after he developed post-traumatic stress disorder (PTSD) from rats running across his body and bed while he was locked in his cell, the Guardian has learned.’

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The Guardian, 29th January 2019

Source: www.theguardian.com

Court orders insurer to cover negligent solicitors’ unpaid costs – Legal Futures

Posted January 14th, 2019 in appeals, costs, indemnities, insurance, law firms, negligence, news, solicitors, Supreme Court by sally

‘The insurer of a negligent Italian law firm operating in London has been ordered to pay £3m in costs to the victims after the lawyers failed to pay up.’

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Legal Futures, 14th January 2018

Source: www.legalfutures.co.uk

Hillsborough disaster: David Duckenfield’s trial due to begin – BBC News

‘The manslaughter trial of the police officer in command during the Hillsborough disaster will begin later.’

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BBC News, 14th January 2018

Source: www.bbc.co.uk