NHS forced to pay compensation to 1,200 staff worried they have been infected after needle prick – Daily Telegraph

‘More than 1,200 NHS staff have won compensation after being injured by needles potentially infected with HIV or hepatitis over the past six years.’

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Daily Telegraph, 3rd November 2018

Source: www.telegraph.co.uk

Darnley v Croydon Health Services NHS Trust: Supreme Court confirms duty of care exists on non-medical A&E staff – Cloisters

‘In a unanimous judgment delivered on 10th October 2018, the Supreme Court reminded practitioners that there is no need to consider the Caparo v Dickman test in every case where the existence of a duty of care is in issue, and that judges must be careful not to conflate issues relevant to the existence of a duty with those relevant to whether or not the duty has been breached.’

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Cloisters, 18th October 2018

Source: www.cloisters.com

High Court backs claimant who issued just to recover costs – Litigation Futures

Posted November 2nd, 2018 in abuse of process, civil procedure rules, costs, negligence, news, part 36 offers by sally

‘A claimant was entitled to issue his claim solely in pursuit of costs where the defendant “acted unfairly” by trying to settle pre-action but refusing to pay any costs, the High Court has ruled.’

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Litigation Futures, 1st November 2018

Source: www.litigationfutures.com

Ep. 48: Clinical Guidelines in Clinical Negligence Cases – Law Pod UK

Posted November 2nd, 2018 in birth, hospitals, medical treatment, negligence, news by sally

‘Emma-Louise Fenelon talks with Pritesh Rathod about the significance of clinical guidelines in his clinical negligence practice and recent controversy involving maternal choice caesareans, Montgomery and relevant NICE Guidelines.’

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Law Pod UK, 1st November 2018

Source: audioboom.com

Part 36 offer not a “trump card” to thwart court orders – Litigation Futures

‘A part 36 offer is not “some form of trump card” which overrides previous court orders, a High Court judge has made clear.’

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Litigation Futures, 30th October 2018

Source: www.litigationfutures.com

Lawyer calls for independent panel to analyse injury trends in English rugby – The Guardian

Posted October 29th, 2018 in negligence, news, personal injuries, sport by sally

‘English rugby should set up an independent medical panel to analyse injury trends in the professional game and suggest ways of minimising risk to players to help insulate clubs, and the Rugby Football Union, from legal action in the future, according to a leading negligence lawyer.’

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The Guardian, 28th October 2018

Source: www.theguardian.com

Megan Lee: Pair guilty of girl’s takeaway allergy death – BBC News

Posted October 29th, 2018 in allergies, food, homicide, negligence, news by sally

‘Two men have been found guilty of the manslaughter of a 15-year-old girl who suffered an allergic reaction to a takeaway meal.’

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BBC News, 26th October 2018

Source: www.bbc.co.uk

CA refuses to widen solicitor’s retainer for negligence claim – Legal Futures

Posted October 26th, 2018 in appeals, negligence, news, personal injuries, solicitors by sally

‘Solicitors do not have to carry out investigative tasks in areas they not been asked to deal with, however beneficial to the client it might have turned out to be, the Court of Appeal has ruled. In doing so, it rejected an appeal by a former client of City firm Fox Williams against a decision that cleared the solicitors of negligence.’

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Legal Futures, 26th October 2018

Source: www.legalfutures.co.uk

Inspectors sent in to protect mothers and babies at scandal-hit Shrewsbury and Telford hospitals – Daily Telegraph

‘Health watchdogs have been sent into a scandal-hit hospital trust where dozens of deaths are being investigated in order to protect mothers and babies. The Care Quality Commission said it was taking “urgent action to protect people” at the Shrewsbury and Telford Hospital NHS Trust after a snap inspection found that doctors were failing to spot worrying symptoms on baby scans.’

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Daily Telegraph, 23rd October 2018

Source: www.telegraph.co.uk

Son sues over mum’s airing cupboard death in Pennal resort – BBC News

Posted October 17th, 2018 in bereavement, compensation, families, inquests, negligence, news by sally

‘The son of a woman who died while trapped in a holiday home airing cupboard is suing the resort company.’

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BBC News, 17th October 2018

Source: www.bbc.co.uk

Darnley v Croydon Health Services NHS Trust – Law Pod UK

‘In Darnley v Croydon NHS Trust [2018] UKSC 50 the Supreme Court has ruled that hospitals are liable for the actions and statements of their non-medical staff in A & E. Rosalind English discusses the implications of this judgment with Owain Thomas QC.’

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Law Pod UK, 15th October 2018

Source: audioboom.com

Supreme Court rules that hospital receptionist owes a duty of care to a patient — Owain Thomas QC – UK Human Rights Blog

‘The Supreme Court has unanimously allowed the appeal of Michael Darnley in Darnley v Croydon Health Services NHS Trust [2018] UKSC 50, holding that a hospital receptionist owed a duty of care to a patient at A&E, which was breached by providing him with incorrect information as to how long he was likely to have to wait before being seen or triaged.’

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UK Human Rights Blog, 11th October 2018

Source: ukhumanrightsblog.com

Jail for PI lawyer who lied in witness statements – Legal Futures

‘A solicitor described by a High Court judge as a “thoroughly dishonest man” has been jailed and a medical expert who produced an “astonishing” 32 reports a day handed a suspended prison sentence for civil contempt of court.’

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Legal Futures, 10th October 2018

Source: www.legalfutures.co.uk

ISSUE-BASED COSTS ORDER? Departing from the usual rule in r.44.2 CPR – Zenith PI

Posted October 9th, 2018 in civil procedure rules, costs, health, negligence, news by sally

‘In Welsh v Walsall Healthcare NHS Trust [2018] EWHC 2491 QB, Mrs Justice Yip DBE considered whether it was reasonable to depart from the usual rule in r.44.2 that the winner recovers their costs in full. This is a useful example of how a Court approached the principle of costs when the overall winning party was unsuccessful on a particular issue.’

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Zenith PI, 8th October 2018

Source: zenithpi.wordpress.com

Brecon Beacons SAS deaths: Call for MoD to face courts – BBC News

Posted September 20th, 2018 in armed forces, courts martial, criminal justice, immunity, negligence, news, prosecutions by sally

‘The Ministry of Defence has not learned lessons from the deaths of three men on an SAS march and should lose its immunity from prosecution, an MP says.’

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BBC News, 19th September 2018

Source: www.bbc.co.uk

Men acquitted after fatal SAS march in Brecon Beacons – BBC News

Posted September 19th, 2018 in armed forces, health & safety, negligence, news by sally

‘Two men overseeing an SAS selection march in which three reservists died have been acquitted of negligence.’

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BBC News, 18th September 2018

Source: www.bbc.co.uk

Conveyancers liable for registration error despite mortgage fraud – Legal Futures

Posted September 14th, 2018 in conveyancing, fraud, mortgages, negligence, news, public interest by sally

‘There is “no public interest” in allowing a negligent conveyancer to avoid liability when they did not know that their client was actually engaged in mortgage fraud, the Court of Appeal has ruled.’

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Legal Futures, 14th September 2018

Source: www.legalfutures.co.uk

Supreme Court to hear appeal from firm blamed for missed claim – Law Society’s Gazette

Posted September 13th, 2018 in appeals, burden of proof, law firms, negligence, news, Supreme Court by sally

‘A long-running dispute about the rights of a client to sue his former solicitors will come to the Supreme Court later this year. The court confirmed today that it will hear the appeal of defunct claimant firm Raleys Solicitors against the ruling of the Court of Appeal from May 2017.’

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Law Society's Gazette, 13th September 2018

Source: www.lawgazette.co.uk

Tribunals must “proceed with care” over wasted costs orders where privilege is not waived – Litigation Futures

Posted September 4th, 2018 in costs, employment tribunals, negligence, news, privilege, tribunals, wasted costs orders by sally

‘Employment tribunals should generally give the benefit of doubt to a legal representative facing a wasted costs applications where their client refuses to waive privilege, the president of the Employment Appeal Tribunal (EAT) has decided.’

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Litigation Futures, 31st August 2018

Source: www.litigationfutures.com

Supreme Court “may change approach” to ‘lost litigation’ claims – Legal Futures

Posted September 3rd, 2018 in negligence, news, solicitors, Supreme Court by sally

‘The Supreme Court may look to change the courts’ approach to dealing with claims over negligently conducted litigation later this year in a case involving miners’ compensation, a barrister has suggested.’

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Legal Futures, 31st August 2018

Source: www.legalfutures.co.uk