Damages for wrongful life refused – UK Human Rights Blog

Posted January 11th, 2019 in assisted reproduction, birth, contracts, damages, negligence, news, wrongful birth by sally

‘Legal policy in the UK has traditionally prohibited the granting of damages for the wrongful conception or birth of a child in cases of negligence. In this case the Court of Appeal has confirmed that this bar is equally applicable to a wrongful birth arising from a breach of contract.’

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UK Human Rights Blog, 10th January 2019

Source: ukhumanrightsblog.com

Ep. 60: Doctor knows best? – Law Pod UK

Posted January 8th, 2019 in doctors, evidence, negligence, news, professional conduct by sally

‘James Badenoch QC has spent thirty-five years fighting medical negligence cases. He talks to Rosalind English about the “doctor knows best” rule of evidence, and how that has come under attack in recent years.’

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Law Pod UK, 7th January 2019

Source: audioboom.com

Woman left infertile after NHS failed to detect cancer for four years awarded £580k to cover surrogacy costs – Daily Telegraph

Posted December 20th, 2018 in cancer, damages, hospitals, negligence, news, surrogacy by sally

‘A young woman left infertile because her cervical cancer was not spotted for more than four years has been awarded the costs of having surrogate children in America by the Court of Appeal.’

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Daily Telegraph, 19th December 2018

Source: www.telegraph.co.uk

Millionaire jailed for girlfriend’s ‘rough sex’ death – BBC News

Posted December 18th, 2018 in homicide, negligence, news, sentencing by sally

‘A multi-millionaire who left his injured and bleeding partner to die after “rough sex” has been jailed for three years and eight months.’

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BBC News, 17th December 2018

Source: www.bbc.co.uk

A Practical Approach to Breach of Duty and Causation in Venous Thromboembolism Claims by Neil Thompson – No. 5 Chambers

Posted December 14th, 2018 in causation, doctors, medical treatment, negligence, news, personal injuries by sally

‘From our perspective, the first step should be to understand how competent medical professionals protect the patient against the risk of VTE. One starting point is to understand the control of VTE risk in patients admitted to hospital, although of course other primary care providers (GPs) have a corresponding duty to be alert to the risk of VTE within their practice.’

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No. 5 Chambers, 3rd December 2018

Source: www.no5.com

Girl starved of oxygen at birth gets £22m compensation from hospital – BBC News

Posted December 13th, 2018 in birth, children, compensation, disabled persons, families, hospitals, negligence, news, pregnancy by sally

‘A girl starved of oxygen during birth who needs 24-hour care has been awarded compensation totalling £22m.’

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BBC News, 12th December 2018

Source: www.bbc.co.uk

What the Divisional Court’s decision in SRA v Sovani James tells us about wellbeing for lawyers: some reasons for optimism- 4 New Square

‘This week the Administrative Court handed down judgment in three appeals by the Solicitors Regulation Authority: SRA v Sovani James, SRA v Esteddar MacGregor, SRA v Peter Naylor [2018] EWHC 3058 (Admin). Reactions to the judgment by lawyers have been critical, regarding it as a harsh decision which missed an opportunity to reflect developing attitudes to wellbeing in the workplace.’

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4 New Square, 16th November 2018

Source: www.4newsquare.com

On the spot: accidents at work – New Law Journal

‘A new guideline recently published by the Sentencing Council is likely to result in increased penalties for individuals responsible for fatal workplace accidents. Chris Newton reports.’

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New Law Journal, 7th December 2018

Source: www.newlawjournal.co.uk

SRA v James: When “I was driven to it” is no defence – 4 New Square

‘It is well-known that if a solicitor is guilty of dishonesty in and about the work he or she does, they will be struck off unless they can show “exceptional circumstances”. For a while it was thought that extreme and intolerable work pressure giving rise to mental health issues, in turn giving rise to an act or acts of dishonesty, might suffice.’

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4 New Square, 13th November 2018

Source: www.4newsquare.com

Supreme Court confirms carrier liability for cargo damage – OUT-LAW.com

Posted December 10th, 2018 in burden of proof, negligence, news, shipping law, Supreme Court by sally

‘The legal burden of disproving a claim for negligence when cargo is lost or damaged at sea rests with the carrier of the goods, the UK’s highest court has ruled.’

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OUT-LAW.com, 10th December 2018

Source: www.out-law.com

Hillsborough police chief to face 95 manslaughter charges after judge rejects bid to halt prosecution – The Independent

‘The former chief superintendent of South Yorkshire Police is to stand trial for the manslaughter of 95 fans at Hillsborough after an attempt to halt the case failed.’

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The Independent, 6th December 2018

Source: www.independent.co.uk

Ep. 56: Psychiatric harm and childbirth – Law Pod UK

Posted December 6th, 2018 in birth, hospitals, negligence, news, personal injuries, psychiatric damage by sally

‘Emma-Louise Fenelon talks with 1 Crown Office Row’s Suzanne Lambert about a recent High Court decision – YAH v Medway NHS Foundation Trust which addressed the issue of claims brought as a result of psychiatric harm arising out of childbirth.’

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Law Pod UK, 3rd December 2018

Source: audioboom.com

Student accepts more than £10,000 after dentist incorrectly fitted braces on her teeth – Daily Telegraph

Posted November 28th, 2018 in compensation, dentists, negligence, news by sally

‘A university student has accepted more than £10,000 after a dentist incorrectly fitted braces on her teeth which she wore for four years.’

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Daily Telegraph, 27th November 2018

Source: www.telegraph.co.uk

The limits of doctors’ liability for wrongful birth – UK Human Rights Blog

‘Khan v MNX [2017] EWHC 2990 (QB). The Court of Appeal has held that a mother who consults a doctor in order to avoid the birth of a child with one disability may not recover damages for the costs associated with a different disability.’

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UK Human Rights Blog, 27th November 2018

Source: ukhumanrightsblog.com

Dangerous driving, joint criminal enterprise and ex turpi causa defence: is mens rea made out? – Zenith PI

‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causadefence.’

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Zenith PI, 26th November 2018

Source: zenithpi.wordpress.com

Ep. 49: The Importance of Informed Consent in Clinical Negligence – Law Pod UK

Posted November 13th, 2018 in birth, consent, health, human rights, negligence, news, pregnancy, women by sally

‘Emma-Louise Fenelon talks with Suzanne White, the head of clinical negligence at Leigh Day Solicitors, about recent developments with regards to women’s rights in healthcare and informed consent in the context of childbirth.’

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Law Pod UK, 12th November 2018

Source: audioboom.com

Takeaway bosses jailed for death of teenage nut allergy sufferer – Daily Telegraph

‘Two takeaway bosses have been jailed over the manslaughter of a 15-year-old girl who suffered an allergic reaction to a meal.’

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Daily Telegraph, 7th November 2018

Source: www.telegraph.co.uk

Farmer guilty over death of worker trapped by her hair – BBC News

Posted November 6th, 2018 in accidents, health & safety, homicide, negligence, news by sally

‘A farmer has been found guilty of causing the death of a 20-year-old woman whose hair became entangled in a milling machine.’

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BBC News, 5th November 2018

Source: www.bbc.co.uk

Supreme Court rejects time bar in passenger death at sea case – OUT-LAW.com

‘The Supreme Court has issued an important judgment on the interaction between the 1974 Athens Convention on carriage of passengers by sea and time bar provisions in Scottish domestic law.’

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OUT-LAW.com, 5th November 2018

Source: www.out-law.com

Defendants pay heavy price for refusing to discuss costs – Law Society’s Gazette

‘Defendants in a professional negligence claim who rejected the chance to settle costs have been left nursing a bill at least three times higher than it might have been.’

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Law Society's Gazette, 2nd November 2018

Source: www.lawgazette.co.uk