‘The decision of the Court of Appeal in the cases of Aktas v Adepta and Dixie v British Polythene Industries Limited [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’
Zenith Chambers, 5th March 2018
Source: www.zenithchambers.co.uk
‘The legal bar for convicting healthcare professionals of manslaughter is currently “too low”, a medical defence organisation has said.’
Daily Telegraph, 13th March 2018
Source: www.telegraph.co.uk
‘This blog concerns the case of JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] PIQR Q3. William Davis J gave an impressive and comprehensive analysis of the many problems in that case. JR, who was born in 1992, in the course of delivery suffered from intracranial haemorrhage and brain injury. As a result he experienced severe spastic cerebral palsy and significant cognitive impairment. This was a consequence of the negligence of the Defendant hospital and the issues for the Judge to resolve concerned various questions which were in dispute regarding various consequences of the disaster at the time of JR’s birth.’
Zenith PI, 9th March 2018
Source: zenithpi.wordpress.com
‘Two discrete procedural points arise out of Yip J’s decision in Saunders v Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB). They restate principles which are of considerable practical significance for those preparing and litigating civil claims.’
Zenith PI, 6th March 2018
Source: zenithpi.wordpress.com
‘Benius Razumas v Ministry of Justice [2018] EWHC 215 (QB): In this case the claimant claimed damages from the MoJ for personal arising from clinical negligence and breach of his rights under ECHR art.3.’
Zenith PI, 2nd March 2018
Source: zenithpi.wordpress.com
‘A bank that relied on inaccurate information supplied by its borrower’s solicitor should not have won a negligence claim against her, because it failed to carry out its own checks, the Supreme Court has ruled.’
Legal Futures, 1st March 2018
Source: www.legalfutures.co.uk
‘In Razumas v Ministry of Justice [2018] EHWC 215 a prisoner who had made a claim for clinical negligence against the Ministry of Justice, rather than against the specific health care provider, had his claim dismissed.’
UK Human Rights Blog, 26th February 2018
Source: ukhumanrightsblog.com
‘A five-year-old girl with severe asthma died after being turned away from an appointment with an emergency doctor because she was five minutes late, an inquest has been told.
The coroner said the chance to provide Ellie-May Clark with “potentially life-saving treatment” was missed and she had been let down by failings in the system.’
The Guardian, 26th February 2018
Source: www.theguardian.com
‘Inmates have been paid close to £2m in compensation for poor healthcare behind bars since 2010 amid mounting concern over the scale of the crisis gripping Britain’s prisons.’
The Independent, 26th February 2018
Source: www.independent.co.uk
‘A Kent law firm was negligent for failing to advise properly on a mortgage and valuation report (MVR), but this did not cause a couple in Canterbury to buy a house suffering from subsidence, a circuit judge has ruled.’
Legal Futures, 23rd February 2018
Source: www.legalfutures.co.uk
‘A senior psychiatrist has been suspended for 12 months following the death of a vulnerable teenager who suffered an epileptic fit and drowned in a bath at an NHS care unit.’
The Guardian, 21st February 2018
Source: www.theguardian.com
‘The Court of Appeal has dismissed a claim brought by two Nigerian community groups against Royal Dutch Shell (RDS) for environmental damage caused by one of its subsidiaries.’
OUT-LAW.com, 21st February 2018
Source: www.out-law.com
‘The Supreme Court today narrowly rejected a plea from a litigant in person for special dispensation in navigating civil procedure rules. Justices ruled by a majority of 3-2 in Barton v Wright Hassall that unrepresented claimant Mark Barton should have checked whether he could email a claim form and that without such permission his claim was invalid.’
Law Society's Gazette, 21st February 2018
Source: www.lawgazette.co.uk
‘Claimant lawyers reacted with caution to the Department of Health’s announcement yesterday that it is setting up a working group on introducing fixed recoverable costs in medical negligence, saying that while costs could be cut in lower-value claims, the real goal had to be avoiding clinical mistakes in the first place.’
Litigation Futures, 16th February 2018
Source: www.litigationfutures.com
‘Four out of five respondents to the government’s consultation on fixed recoverable costs (FRC) in low-value clinical negligence cases have echoed Civil Justice Council (CJC) concerns about a single joint expert being used, it has emerged.’
Litigation Futures, 15th February 2018
Source: www.litigationfutures.com
‘A coroner has criticised hospital failings in an overwhelmed A&E department over the death of rape victim who overdosed on diet pills.’
Daily Telegraph, 14th February 2018
Source: www.telegraph.co.uk
“A broadly-worded settlement clause between a London law firm which sued its former client for unpaid fees was sufficient to prevent a later claim for negligence, the Court of Appeal has confirmed.”
OUT-LAW.com, 13th February 2018
Source: www.out-law.com
‘Robinson (Appellant) v Chief Constable of the West Yorkshire Police (Respondent) [2018] UKSC 4. The Supreme Court has made a significant decision on the question of the scope of the common law duty of care owed by police when their activities lead to injuries being sustained by members of the public. It has long been the case that a claim cannot be brought in negligence against the police, where the danger is created by someone else, except in certain unusual circumstances such as where there has been an assumption of responsibility.’
UK Human Rights Blog, 12th February 2018
Source: ukhumanrightsblog.com
‘The High Court has rejected the argument that a part 36 offer to settle a clinical negligence claim for 90% of its value was not a genuine offer because it was made shortly before trial.’
Litigation Futures, 12th February 2018
Source: www.litigationfutures.com
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