Court dismisses Nigerian claim against UK parent company – OUT-LAW.com

Posted February 21st, 2018 in environmental protection, negligence, news, subsidiary companies by sally

‘The Court of Appeal has dismissed a claim brought by two Nigerian community groups against Royal Dutch Shell (RDS) for environmental damage caused by one of its subsidiaries.’

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OUT-LAW.com, 21st February 2018

Source: www.out-law.com

Breaking: Supreme Court rules against treating LiP as a special case – Law Society’s Gazette

‘The Supreme Court today narrowly rejected a plea from a litigant in person for special dispensation in navigating civil procedure rules. Justices ruled by a majority of 3-2 in Barton v Wright Hassall that unrepresented claimant Mark Barton should have checked whether he could email a claim form and that without such permission his claim was invalid.’

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Law Society's Gazette, 21st February 2018

Source: www.lawgazette.co.uk

Put your own house in order, claimant lawyers tell NHS as fixed fees near – Litigation Futures

Posted February 16th, 2018 in costs, hospitals, negligence, news by sally

‘Claimant lawyers reacted with caution to the Department of Health’s announcement yesterday that it is setting up a working group on introducing fixed recoverable costs in medical negligence, saying that while costs could be cut in lower-value claims, the real goal had to be avoiding clinical mistakes in the first place.’

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Litigation Futures, 16th February 2018

Source: www.litigationfutures.com

Government agrees to further discussion of clinical negligence costs regime, amid concerns – Litigation Futures

Posted February 15th, 2018 in consultations, costs, hospitals, negligence, news by sally

‘Four out of five respondents to the government’s consultation on fixed recoverable costs (FRC) in low-value clinical negligence cases have echoed Civil Justice Council (CJC) concerns about a single joint expert being used, it has emerged.’

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Litigation Futures, 15th February 2018

Source: www.litigationfutures.com

Coroner criticises hospital failings and busy A&E department over death of rape victim who overdosed on diet pills – Daily Telegraph

Posted February 15th, 2018 in drug abuse, duty of care, hospitals, inquests, mental health, negligence, news, victims by sally

‘A coroner has criticised hospital failings in an overwhelmed A&E department over the death of rape victim who overdosed on diet pills.’

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Daily Telegraph, 14th February 2018

Source: www.telegraph.co.uk

Court of Appeal: broadly-worded settlement clause precluded later claim for negligence – OUT-LAW.com

Posted February 14th, 2018 in contracts, fees, interpretation, negligence, news, solicitors by michael

“A broadly-worded settlement clause between a London law firm which sued its former client for unpaid fees was sufficient to prevent a later claim for negligence, the Court of Appeal has confirmed.”

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OUT-LAW.com, 13th February 2018

Source: www.out-law.com

It’s a fair cop: Supreme Court clarifies scope of duties of care owed by police – UK Human Rights Blog

Posted February 12th, 2018 in appeals, duty of care, negligence, news, personal injuries, police, Supreme Court by sally

‘Robinson (Appellant) v Chief Constable of the West Yorkshire Police (Respondent) [2018] UKSC 4. The Supreme Court has made a significant decision on the question of the scope of the common law duty of care owed by police when their activities lead to injuries being sustained by members of the public. It has long been the case that a claim cannot be brought in negligence against the police, where the danger is created by someone else, except in certain unusual circumstances such as where there has been an assumption of responsibility.’

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UK Human Rights Blog, 12th February 2018

Source: ukhumanrightsblog.com

Pre-trial 90% part 36 offer was “genuine attempt” to settle – Litigation Futures

Posted February 12th, 2018 in damages, negligence, news, part 36 offers, personal injuries by sally

‘The High Court has rejected the argument that a part 36 offer to settle a clinical negligence claim for 90% of its value was not a genuine offer because it was made shortly before trial.’

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Litigation Futures, 12th February 2018

Source: www.litigationfutures.com

CoA rules £70m negligence claim blocked by settlement agreement – Law Society’s Gazette

Posted February 9th, 2018 in contracts, fees, interpretation, negligence, news, solicitors by sally

‘The Court of Appeal has ruled that a firm cannot be sued for negligence after parties had signed a covenant as part of a settlement agreement.’

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Law Society's Gazette, 9th February 2018

Source: www.lawgazette.co.uk

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

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

‘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 sally

‘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 sally

‘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 sally

‘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 sally

‘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