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

Haider Abdullah v Credit Suisse – Blackstone Chambers

Posted December 8th, 2017 in banking, contribution, markets, negligence, news by sally

‘The Commercial Court (Andrew Baker J) has given judgment in favour of the Claimants in their action for damages against Credit Suisse under s.138D of the Financial Services and Markets Act 2000 (FSMA).’

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Blackstone Chambers, 27th November 2017

Source: www.blackstonechambers.com

Hillsborough police officer granted funds to fight potential manslaughter charges – The Guardian

Posted December 5th, 2017 in homicide, legal aid, negligence, news, police, stay of proceedings by tracey

‘The former senior police officer who was the match commander at the Hillsborough disaster is to get funding to fight a possible prosecution on charges of gross negligence manslaughter.’

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The Guardian, 4th December 2017

Source: www.theguardian.com

MPs urge “complacent” government to consider mandatory mediation to cut clinical negligence costs – Litigation Futures

Posted December 1st, 2017 in dispute resolution, negligence, news, personal injuries by tracey

‘The government has been “slow and complacent” in its response to the rising costs of clinical negligence and should consider mandatory mediation for certain types of claim, MPs on the public accounts committee (PAC) said today.’

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Litigation Futures, 1st December 2017

Source: www.litigationfutures.com

Damages for wrongful birth: how far does a doctor’s responsibility go? – UK Human Rights Blog

Posted November 29th, 2017 in birth, causation, damages, doctors, negligence, news, wrongful birth by sally

‘Can a mother who consults a doctor with a view to avoiding the birth of a child with one disability recover damages for the costs associated with another disability?’

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UK Human Rights Blog, 28th November 2017

Source: ukhumanrightsblog.com

Court of Appeal rejects NHS challenge to taking out clinical negligence ATE at start of case – Litigation Futures

Posted November 29th, 2017 in costs, expert witnesses, insurance, negligence, news by sally

‘Clinical negligence claimants can continue to take out after-the-event (ATE) insurance for expert reports when they enter into conditional fee agreements, and premiums will be recoverable even if the case settles before the reports are commissioned, the Court of Appeal has decided in a major ruling today.’

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Litigation Futures, 28th November 2017

Source: www.litigationfutures.com

NHS pays out record compensation to cancer patients – Daily Telegraph

Posted November 27th, 2017 in cancer, compensation, damages, freedom of information, health, negligence, news by sally

‘The number of cancer patients successfully suing the NHS for missed diagnoses has doubled in the past five years, new figures show.’

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Daily Telegraph, 26th November 2017

Source: www.telegraph.co.uk

Contributory negligence and construction contracts – Hardwicke Chambers

‘A plethora of issues were raised, and disposed of, by Fraser J’s recently handed-down judgment in Riva Properties and others v Foster + Partners Ltd, the most awkwardly entertaining one being the sense of pantomime arising from the court’s clear disapproval of the architect’s behaviour, which was described at various stages as “grubby”, “disingenuous” and “wholly unprofessional”.’

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Hardwicke Chambers, 10th November 2017

Source: www.hardwicke.co.uk

Know your limitation – New Law Journal

Posted November 22nd, 2017 in damages, limitations, negligence, news, statutory interpretation, taxation, time limits by sally

‘A number of hot topics in the professional negligence arena came before Mrs Justice Moulder in the recent case of Halsall and Others v Champion Consulting Limited and Others [2017] EWHC 1079 (QB), [2017] All ER (D) 44 (Jun). The result ultimately turned on the application of s 14A of the Limitation Act 1980 (LA 1980) and the claim, which otherwise would have succeeded, was dismissed as statute barred. But was the decision on limitation correct?’

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New Law Journal, 27th October 2017

Source: www.newlawjournal.co.uk

Autumn Newsletter – Falcon Chambers

– Prescriptive easements – a glass half-full: out with the negative; in with the positive 10

– Keeping the Title Clean: Unwanted Notices and Restrictions 12

– Estoppel in Pre-Contractual Negotiations 15

– The Curse of the Freebie 17

– Voidable and no Mistake 20

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com

Graduate in £1m claim was badly let down by Oxford, court told – The Guardian

Posted November 22nd, 2017 in economic loss, legal profession, negligence, news, time limits, universities by sally

‘An Oxford graduate is suing the university for £1m on the grounds that his failure to get a top degree 17 years ago cost him the chance of a lucrative legal career.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Claiming for the costs of a surrogacy arrangement: A new head of loss? – Family Law

Posted November 22nd, 2017 in costs, damages, negligence, news, surrogacy by sally

‘They say that nothing can prepare you for the sheer overwhelming experience of what it means to be a parent. But how would you feel if that opportunity was taken away from you because of the negligent action of someone else? In the recent case of XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB), XX received £74,000 for the cost of two surrogacies in the UK. This was because XX was unable to bear children as a direct consequence of her delayed diagnosis of cervical cancer.’

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Family Law, 21st November 2017

Source: www.familylaw.co.uk

Lord Sumption at the Personal Injuries Bar Association Annual Lecture, London – Supreme Court

Posted November 17th, 2017 in accidents, compensation, damages, insurance, lectures, negligence, personal injuries by tracey

‘Abolishing Personal Injuries Law – A project’

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Supreme Court, 16th November 2017

Source: www.supremecourt.uk

How testing the evidence differs in adjudication and court – Practical Law: Construction Blog

Posted November 15th, 2017 in construction industry, contracts, dispute resolution, evidence, negligence, news by tracey

‘When I read Fraser J’s judgment in Riva Properties Ltd v Foster + Partners Ltd, the thing that struck me was how, in adjudication, we don’t always get the benefit of seeing the evidence tested to the same degree as you do in court or arbitration proceedings.’

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Practical Law: Construction Blog, 14th November 2017

Source: constructionblog.practicallaw.com

Woman jailed for manslaughter after ‘gross neglect’ of her 91-year-old grandmother – The Independent

Posted November 15th, 2017 in elderly, families, grandparents, homicide, negligence, news by tracey

‘A woman has been jailed for three years for the manslaughter of her 91-year-old grandmother, who had been in need of “urgent medical attention”.’

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The Independent, 14th November 2017

Source: www.independent.co.uk

Section 33 of the Limitation Act 1980: Mossa v Wise [2017] EWHC 2608 (QB) – Zenith PI Blog

Posted November 14th, 2017 in doctors, limitations, medical treatment, negligence, news by tracey

‘The High Court upheld a Master’s decision to allow a clinical negligence action to proceed pursuant to section 33 of the Limitation Act 1980.’

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Zenith PI Blog, 13th November 2017

Source: zenithpi.wordpress.com

Tax scheme negligence claims fail as time limits began to run before a tribunal decision on a similar scheme, says Court – OUT-LAW.com

Posted November 13th, 2017 in charities, financial advice, HM Revenue & Customs, negligence, news, taxation, time limits by tracey

‘Negligence claims against tax advisers who had given assurances about the effectiveness of tax schemes failed because the claims were not brought within the limitation period.’

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OUT-LAW.com, 10th November 2017

Source: www.out-law.com

Peanut curry death: Mohammed Zaman fails in appeal bid – BBC News

Posted November 9th, 2017 in allergies, appeals, food, negligence, news, sentencing by tracey

‘A restaurant owner who was jailed after a customer died from an allergic reaction to a curry has failed in a bid to have his conviction overturned.’

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BBC News, 9th November 2017

Source: www.bbc.co.uk

Surrogacy and HFEA Update (November 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent developments relating to surrogacy law as well as the latest cases concerning administrative errors and the HFEA.’

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Family Law Week, 7th November 2017

Source: www.familylawweek.co.uk

Brecon Beacons deaths: families dismayed at junior officers’ charges – The Guardian

Posted November 3rd, 2017 in armed forces, courts martial, health & safety, inquests, negligence, news by tracey

‘The families of three men who suffered fatal heat illness during an SAS training march in the Brecon Beacons have expressed dismay that two relatively junior special services soldiers face charges of neglect rather than more senior figures or Ministry of Defence officials.’

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The Guardian, 2nd November 2017

Source: www.theguardian.com