West Yorkshire Police liable for knocking over elderly woman – BBC News

Posted February 9th, 2018 in elderly, negligence, news, police by tracey

‘An elderly woman who was knocked to the ground during a drug arrest has won a decade-long legal battle against West Yorkshire Police.’

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BBC News, 8th February 2018

Source: www.bbc.co.uk

An assault on Hill? Police liability in negligence positively narrowed – UK Police Law Blog

Posted February 8th, 2018 in appeals, negligence, news, police, Supreme Court by tracey

‘In Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4, the Supreme Court made significant inroads into the principle that the police cannot be sued in negligence save in exceptional circumstances as a result of alleged failures in their core operational duties. Now, where a third party such as a pedestrian is injured as a result of a negligent arrest on the street by a police officer, the police are liable in negligence where that injury was a reasonably foreseeable consequence of the police’s actions.’

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UK Police Law Blog, 8th February 2018

Source: ukpolicelawblog.com

Bawa-Garba latest: Jeremy Hunt orders review into manslaughter by gross negligence rulings in the NHS – The Independent

Posted February 7th, 2018 in disciplinary procedures, doctors, homicide, negligence, news by tracey

‘Health and Social Care Secretary Jeremy Hunt has ordered a review into whether manslaughter laws in healthcare are fit for purpose after a junior doctor was struck off for mistakes leading to the death of a six-year-old boy.’

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The Independent, 6th February 2018

Source: www.independent.co.uk

Surgeon who lied about experience jailed for six years – BBC News

Posted February 6th, 2018 in doctors, misrepresentation, negligence, news, sentencing by tracey

‘A surgeon who lied about the number of operations he had carried out to get a lucrative job has been jailed for six years.’

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BBC News, 5th February 2018

Source: www.bbc.co.uk

NHS compensation payouts ‘unsustainable’, say health leaders – The Guardian

Posted February 2nd, 2018 in compensation, hospitals, negligence, news by sally

‘Payouts given to NHS patients who have been victims of negligence should be reduced because they are “unsustainable”, health service leaders have told the justice secretary.’

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The Guardian, 2nd February 2018

Source: www.theguardian.com

High wire walking without a mat: doctors, patient safety and public confidence – UK Human Rights Blog

‘On 4th November 2015, Dr Bawa Garba was convicted of gross negligence manslaughter of a 6 year old boy. She was sentenced to two years of imprisonment suspended for two years. On 29 November 2016 the Court of Appeal Civil Division refused her leave to appeal against her conviction.’

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UK Human Rights Blog, 27th January 2018

Source: ukhumanrightsblog.com

Jack Adcock: Doctor struck off over six-year-old’s death – BBC News

‘A doctor who was found guilty of manslaughter by gross negligence over the death of a six-year-old boy has been struck off.’

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BBC News, 25th January 2018

Source: www.bbc.co.uk

Ipswich mother wins six-figure payout after cancer missed – BBC News

Posted January 24th, 2018 in cancer, compensation, doctors, negligence, news by tracey

‘A woman has won a six-figure payout after doctors failed to recognise the symptoms of cervical cancer, her lawyers said.’

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BBC News, 23rd January 2018

Source: www.bbc.co.uk

Professional negligence round up: what were the key areas of development in 2017 and what are the battlegrounds for the future? – 4 New Square

Posted January 9th, 2018 in fees, negligence, news, solicitors by sally

‘2017 was a particularly significant year for professional liability cases, with a handful of problematic areas of the law receiving repeated consideration by the courts. Below we set out our thoughts on how the law has changed or been reaffirmed in these areas, explain whether there have been any discernible shifts in policy and identify further points ripe for dispute and development in 2018.’

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4 New Square, 4th January 2018

Source: www.4newsquare.com

Bank held negligent for failing to ensure promissory note was properly signed – OUT-LAW.com

Posted January 8th, 2018 in banking, documents, negligence, news, witnesses by sally

‘The bank arranger of a $650 million Islamic bond financing deal has been found negligent for failing to ensure that a promissory note, used as security, was properly signed.’

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OUT-LAW.com, 8th January 2018

Source: www.out-law.com

Protection from neighbours – no duty – Nearly Legal

Posted January 8th, 2018 in appeals, children, housing, local government, negligence, news, social services by sally

‘What, if any, duty is owed by a local authority to children to protect them from abuse and harassment by neighbours? This court of appeal decision suggests none in negligence.’

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Nearly Legal, 7th January 2018

Source: nearlylegal.co.uk

The award of damages to enable surrogacy – Family Law

Posted December 21st, 2017 in damages, hospitals, negligence, news, surrogacy by tracey

‘Given the nebulous nature of surrogacy law in the UK and the decision in Briody v St Helen’s and Knowsley Area Health Authority [2001] EWCA Civ 1010, [2001] 2 FLR 1094, with its confusing obiter dicta, it is somewhat surprising that the funding of surrogacy for an infertile young woman was included in the heads of damages in the decision in XX v Whittington Hospital Trust [2017] EWHC 2318 (QB).’

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Family Law, 20th December 2017

Source: www.familylaw.co.uk

Maternity mistakes: 276,000 incidents logged in two years – BBC News

Posted December 21st, 2017 in birth, hospitals, mistake, negligence, news, statistics by tracey

‘Tens of thousands of mothers and babies in England were harmed by potential lapses in maternity care in the past two years, the BBC has learned. More than 276,000 incidents were logged by worried hospital staff between April 2015 and March 2017 – the equivalent of one mistake for every five births.’

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BBC News, 21st Decembher 2017

Source: www.bbc.co.uk

Stepfather jailed over boy’s water park drowning – BBC News

Posted December 20th, 2017 in children, homicide, negligence, news, sentencing, social services, suspended sentences by tracey

‘The stepfather of a five-year-old boy who drowned at a water park has been jailed for seven-and-a-half years.’

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BBC News, 20th December 2017

Source: www.bbc.co.uk

Tax firm negligent for not warning about risks of avoidance scheme – Law Society’s Gazette

Posted December 13th, 2017 in law firms, negligence, news, tax avoidance by sally

‘The Court of Appeal has ruled that a law firm was negligent in not giving its client any specific warning about the pitfalls of a tax avoidance scheme.’

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Law Society's Gazette, 12th December 2017

Source: www.lawgazette.co.uk

Court of Appeal finds firm negligent for failing to warn over risk of tax avoidance scheme – Legal Futures

Posted December 12th, 2017 in appeals, law firms, negligence, news, solicitors, tax avoidance by sally

‘A firm of solicitors should have warned a client of the significant risk that a tax avoidance scheme would not withstand a challenge from HM Revenue & Customs (HMRC), the Court of Appeal has ruled.’

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Legal Futures, 12th December 2017

Source: www.legalfutures.co.uk

Is the Smith case a step forward for the rights of cohabitees? – Family Law

Posted December 12th, 2017 in bereavement, cohabitation, human rights, negligence, news, personal injuries by sally

‘The inability of long term cohabitees to claim the bereavement award in personal injury cases is incompatible with their human rights: this was the recent finding of the Court of Appeal in Smith (suing in her own right and as the surviving partner of John Bulloch, deceased) v Lancashire Teaching Hospitals NHS Foundation Trust and others [2017] EWCA Civ 1916.’

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Family Law, 11th December 2017

Source: www.familylaw.co.uk

Law of Medicine and the Individual: current issues – Lecture by Lady Justice Arden

Law of Medicine and the Individual: current issues (PDF)

Lecture by Lady Justice Arden

Justice KT Desai Memorial Lecture, October 2017

Source: www.judiciary.gov.uk

Undercover police officers: how far does their legal liability go? – UK Human Rights Blog

‘The High Court has refused an application to strike out a claim in negligence and misfeasance in public office taken by someone born as a result of a liaison between an activist in the animal liberation movement and a man who subsequently turned out to be an undercover police officer.’

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UK Human Rights Blog, 8th December 2017

Source: ukhumanrightsblog.com

Tiuta International Limited (in liquidation) v De Villiers Surveyor s Limited [2017] UKSC 77 – Hailsham Chambers

Posted December 8th, 2017 in loans, negligence, news, Supreme Court, valuation by sally

‘The decision in Tiuta continues the series of recent Supreme Court decisions that make for essential reading among professional liability practitioners.’

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Hailsham Chambers, 29th November 2017

Source: www.hailshamchambers.com