‘The lack of detail in the government plans for fixed recoverable costs (FRCs) for lower-value clinical negligence cases is “extremely worrying”, with only six months to go before implementation, the Association of Personal Injury Lawyers (APIL) has said.’
Legal Futures, 14th November 2023
Source: www.legalfutures.co.uk
‘Al aw firm acting in a professional negligence claim against another firm gave “unrealistic” estimates and the incurred costs were “likely to be unreasonable”, a judge has found.’
Law Society's Gazette, 23rd October 2023
Source: www.lawgazette.co.uk
‘The Civil Procedure Rule Committee (CPRC) warned the government in July about the difficulty of meeting the timetable for the new regime of fixed costs in low-value clinical negligence cases, it has emerged.’
Legal Futures, 12th October 2023
Source: www.legalfutures.co.uk
‘In the ever-increasing cases concerning grooming/abuse, the Court of Appeal’s decision provides helpful guidance in the context of work experience employment and vicarious liability.’
3PB, 5th September 2023
Source: www.3pb.co.uk
‘If the court gives its blessing in respect of a decision taken by an office-holder, does the court’s approval mean that the office-holder is immune from any subsequent challenge to that decision? If so, to what extent? Is it blanket immunity? Those are the questions which this article will address following the Court of Appeal’s decision in Denaxe Ltd v Cooper & Rubin [2023] EWCA Civ 752.’
Guildhall Chambers, 15th September 2023
Source: www.guildhallchambers.co.uk
‘A woman who had to undergo cancer treatment after being cleared by an incorrect smear test has received compensation.’
BBC News, 12th September 2023
Source: www.bbc.co.uk
‘This article will focus on the issue relating to guidelines, which is likely to be the central take-away point for practitioners. Mr Berry was administered 400mg of Gentamicin on 4 March by Dr Meyer. The parties were agreed that the dosage caused the Claimant ototoxicity side effects.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘Sweeting J in the High Court allowed a medico-legal expert’s appeal against a Third Party Costs Order (“TPCO”) made against him. The TPCO had awarded the Defendant NHS Trust the full sum of the costs incurred by it in the defence of the action brought by the Claimant.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘The Association of Personal Injury Lawyers (APIL) has issued judicial review (JR) proceedings challenging aspects of the new rules to extend fixed recoverable costs.’
Legal Futures, 24th August 2023
Source: www.legalfutures.co.uk
‘Medical neglect and “gross failures” by a mental health trust contributed to the suicide of a 12-year-old girl in a case that has highlighted national concerns about underfunding, a coroner has ruled.’
The Guardian, 17th August 2023
Source: www.theguardian.com
‘Law firms must either introduce “safeguards that include human oversight” to authenticate AI-generated content or “expect an increased exposure” to negligence claims, a leading law firm has warned.’
Legal Futures, 7th August 2023
Source: www.legalfutures.co.uk
‘When will a patient be partly at fault for not following up when their doctor negligently fails to arrange an appointment? That was the question asked of the High Court in Otu v Datta, a case concerning the death of the Claimant’s husband (“the Deceased”) from colon cancer with metastatic spread to the liver.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘In January 2023, Mr Justice Ritchie handed down an important decision dealing with Montgomery and causation in birth injury claims.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘What is the correct legal test to be applied to the assessment as to whether an alternative treatment is reasonable and requires to be discussed with the patient?’
Old Square Chambers, 18th July 2023
Source: oldsquare.co.uk
‘Sidra Bilal, Hassaan Aziz Malik (Administrators on behalf of the estate of Mukhtar Malik, deceased) v St George’s University Hospital NHS Foundation Trust, [2023] EWCA Civ 605 provides an interesting insight into the post-Montgomery landscape. It provides further clarification on informed consent as well as reminding practitioners of the importance of tightly crafted pleadings in clinical negligence claims.’
3PB, 12th July 2023
Source: www.3pb.co.uk
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