Cheeki Rafiki yacht boss given suspended sentence over unsafe vessel – BBC News

Posted May 14th, 2018 in homicide, negligence, news, sentencing, suspended sentences by sally

‘A company boss who failed to safely operate a yacht on which four sailors were killed has been given a suspended prison sentence.’

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BBC News, 11th May 2018

Source: www.bbc.co.uk

Bouncy castle death: couple convicted of manslaughter – The Guardian

Posted May 10th, 2018 in health & safety, homicide, negligence, news by sally

‘Two fairground workers have been found guilty of the manslaughter by gross negligence of a seven-year-old girl who died after a bouncy castle blew away with her inside it.’

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The Guardian, 9th May 2018

Source: www.theguardian.com

Claimant held in contempt of court for grossly exaggerating negligence claim – UK Human Rights Law Blog

Posted May 4th, 2018 in contempt of court, hospitals, negligence, news, personal injuries by sally

‘Calderdale Huddersfield NHS Foundation Trust v Sandip Singh Atwal [2018] EWHC 961 (QB). In a landmark case an NHS trust has successfully brought contempt proceedings against a DJ who grossly exaggerated the effect of his injuries in an attempt to claim over £800,000 in damages for clinical negligence. He faces a potential jail sentence.’

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UK Human Rights Law Blog, 3rd May 2018

Source: ukhumanrightsblog.com

NHS makes near record £19m payout to parents of girl left brain damaged after jaundice treatment went wrong – Daily Telegraph

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

‘The NHS has made a near record £19m payout to the parents of girl left brain damaged after jaundice treatment went wrong. The nine-year-old was born at King’s College Hospital with severe jaundice and her lawyers claimed there was a negligent delay in giving her a total blood transfusion.’

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Daily Telegraph, 1st May 2018

Source: www.telegraph.co.uk

Court of Protection solicitor convicted of neglect following elderly mother’s death – Legal Futures

‘An associate in a law firm’s Court of Protection team has been convicted of the wilful neglect of her own elderly mother, who died in squalor despite the solicitor having power of attorney to act on her behalf.’

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Legal Futures, 3rd April 2018

Source: www.legalfutures.co.uk

Sensitisation to allergy is physical injury – Supreme Court – UK Human Rights Blog

‘Dryden and Others v Johnson Matthey [2018] UKSC 18. We are all made of stuff, and that stuff is not inert because it’s organic matter. Changes at the molecular level happen all the time, through cell death and replenishment, growth and the constant attrition caused by cosmic radiation on our DNA. Other changes are wrought by the environment or other organisms. Some changes are beneficial, even life saving, such as the removal of an appendix or the insertion of a pacemaker. The production of antibodies by vaccination have eradicated many diseases. Most of the time the body manages this itself. Every time certain cells in the blood encounter a foreign invader, they recruit the immune system to come up with a focussed weapon. This is an antibody, which lies dormant until the threat (the antigen) arises again. Antibodies are good things to have around until they’re provoked by enemies akin to the ones that created them, whereupon the body produces an allergic reaction to get rid of the toxin/allergen.’

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UK Human Rights Blog, 23rd March 2018

Source: ukhumanrightsblog.com

Pilot charged with manslaughter over Shoreham Airshow disaster which killed 11 people – Daily Telegraph

Posted March 23rd, 2018 in aircraft, homicide, negligence, news, prosecutions, public interest by sally

‘The pilot of an aircraft which crashed and killed 11 people has been charged with 11 counts of manslaughter by gross negligence.’

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Daily Telegraph, 21st March 2018

Source: www.telegraph.co.uk

Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB) – Zenith Chambers

Posted March 20th, 2018 in burden of proof, expert witnesses, health, negligence, news by sally

‘Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB).’

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Zenith Chambers, 6th March 2018

Source: www.zenithchambers.co.uk

Aktas v Adepta and the Difficulty of Applying to Strike out “Second” Claim Forms – Zenith Chambers

‘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.’

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Zenith Chambers, 5th March 2018

Source: www.zenithchambers.co.uk

Legal bar for convicting healthcare professionals of manslaughter is ‘too low’, medical organisation warns – Daily Telegraph

Posted March 13th, 2018 in burden of proof, doctors, health, homicide, negligence, news, nurses by sally

‘The legal bar for convicting healthcare professionals of manslaughter is currently “too low”, a medical defence organisation has said.’

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Daily Telegraph, 13th March 2018

Source: www.telegraph.co.uk

A home for the disabled victim – Zenith PI

Posted March 9th, 2018 in birth, damages, disabled persons, hospitals, housing, negligence, news by sally

‘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.’

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Zenith PI, 9th March 2018

Source: zenithpi.wordpress.com

Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB) – Zenith PI

‘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.’

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Zenith PI, 6th March 2018

Source: zenithpi.wordpress.com

Duty of care owed by the MOJ to serving prisoners limited to matters arising out of their custody – Zenith PI

Posted March 5th, 2018 in duty of care, health, human rights, medical treatment, negligence, news, prisons by sally

‘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.’

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Zenith PI, 2nd March 2018

Source: zenithpi.wordpress.com

New disclosure regime “set to cause problems” for professional negligence claims – Litigation Futures

‘Professional negligence claims will become harder to handle under the new approach to disclosure which will be piloted later this year in the Business & Property Courts, particularly for defendants, a barrister has warned.’

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Litigation Futures, 5th March 2018

Source: www.litigationfutures.com

Borrower’s solicitor not liable for bank’s loss because it should have realised her error – Legal Futures

Posted March 1st, 2018 in appeals, banking, mistake, negligence, news, Scotland, solicitors, Supreme Court by sally

‘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.’

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Legal Futures, 1st March 2018

Source: www.legalfutures.co.uk

Ministry of Justice not liable for clinical negligence in prison – UK Human Rights Blog

‘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.’

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UK Human Rights Blog, 26th February 2018

Source: ukhumanrightsblog.com

Girl with asthma died after doctor turned her away, inquest hears – The Guardian

Posted February 27th, 2018 in children, delay, doctors, health, inquests, negligence, news by sally

‘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.’

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The Guardian, 26th February 2018

Source: www.theguardian.com

Inmates receive payouts of £2m for poor healthcare amid ‘unprecedented pressures’ in prisons – The Independent

Posted February 27th, 2018 in compensation, medical treatment, negligence, news, prisons by sally

‘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.’

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The Independent, 26th February 2018

Source: www.independent.co.uk

Law firm was negligent in property purchase but clients would have gone ahead anyway, court rules – Legal Futures

Posted February 23rd, 2018 in law firms, mortgages, negligence, news, valuation by sally

‘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.’

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Legal Futures, 23rd February 2018

Source: www.legalfutures.co.uk

Psychiatrist suspended for 12 months after man drowned in epileptic fit – The Guardian

‘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.’

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The Guardian, 21st February 2018

Source: www.theguardian.com