Lord Sumption at the Personal Injuries Bar Association Annual Lecture, London – Supreme Court
‘Abolishing Personal Injuries Law – A project’
Supreme Court, 16th November 2017
Source: www.supremecourt.uk
Category: negligence
How testing the evidence differs in adjudication and court – Practical Law: Construction Blog
‘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.’
Practical Law: Construction Blog, 14th November 2017
Woman jailed for manslaughter after ‘gross neglect’ of her 91-year-old grandmother – The Independent
‘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”.’
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
‘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.’
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
‘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.’
OUT-LAW.com, 10th November 2017
Source: www.out-law.com
Peanut curry death: Mohammed Zaman fails in appeal bid – BBC News
‘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.’
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.’
Family Law Week, 7th November 2017
Source: www.familylawweek.co.uk
Brecon Beacons deaths: families dismayed at junior officers’ charges – The Guardian
‘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.’
The Guardian, 2nd November 2017
Source: www.theguardian.com
Woman wins £115,000 from former friend after breaking her arm being pulled over by her Alsatian – Daily Telegraph
‘A woman has won £115,000 from her former friend after she broke her arm and hip when she was pulled over by her Alsatian dog.’
Daily Telegraph, 1st November 2017
Source: www.telegraph.co.uk
Autonomous and Electric Vehicles Bill – new UK proposals to promote AVs – Technology Law Blog
‘The UK Government has proposed new legislation to support the development and take-up of autonomous and electric vehicles.’
Technology Law Blog, 24th October 2017
Source: www.technology-law-blog.co.uk
Bad advice, limitation and tax avoidance – Hardwicke Chambers
‘When does the claimant’s cause of action accrue in a professional negligence case? In particular, at what point has the claimant suffered a recoverable loss? This question is of course most relevant when a potential limitation defence arises under section 2 of the Limitation Act 1980, and is an issue that the courts have struggled with for some time. The recent case of Halsall v Champion Consulting Limited [2017] EWHC 1079 (QB) serves as a useful reminder of the difficulties that can arise in this area.’
Hardwicke Chambers, 17th October 2017
Source: www.hardwicke.co.uk
When must a client be saved from himself? It is all a question of money says the Court of Appeal – Hardwicke Chambers
‘Do solicitors’ duties depend on how much they are paid? Are clients entitled to expect the same level of service from solicitors when they are strapped for cash? In Thomas v HJFS, the Court of Appeal has suggested that the standard of professional duties could be lowered when they are provided at a discount.’
Hardwicke Chambers, 17th October 2017
Source: www.hardwicke.co.uk
Case Law Update – Byrom Street Chambers
‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’
Byrom Street Chambers, 26th September 2017
Source: www.byromstreet.com
“ADR is failing” says Civil Justice Council but compulsion is not yet the answer – Litigation Futures
‘The Woolf reforms have failed to embed alternative dispute resolution (ADR), a major report by the Civil Justice Council (CJC) said today, but it stopped short of calling for the introduction of compulsory ADR.’
Litigation Futures, 17th October 2017
Source: www.litigationfutures.com
Government accepts Jackson’s call for CJC to seek industry agreement on low-value clin neg claims – Litigation Futures
‘The government has accepted Lord Justice Jackson’s recommendation that the Civil Justice Council (CJC) be tasked with negotiating a new bespoke process and fixed costs regime for low-value clinical negligence claims, it emerged yesterday.’
Litigation Futures, 17th October 2017
Source: www.litigationfutures.com
Judge warns against ‘hindsight’ to justify indemnity costs – The Guardian
‘The High Court has rejected the chance to approve indemnity costs against a losing party after it found the bringing of the case could be justified.’
The Guardian, 10th October 2017
Source: www.lawgazette.co.uk
July to September 2017 case review for construction practitioners – Practical Law: Construction Blog
‘A selection of the more interesting decisions affecting construction and engineering practitioners during the third quarter of 2017.’
Practical Law: Construction Blog, 2nd October 2017
Kevin Nunes murder: Staffordshire Police ‘mishandled’ paid witness – BBC News
‘”Significant failures” by Staffordshire Police over a gangland killing led to the unsafe convictions of five men, a police watchdog report has found.’
BBC News, 4th October 2017
Source: www.bbc.co.uk
High Court questions growing use of standstill agreements – Litigation Futures
‘The High Court has questioned the growing use of standstill agreements in litigation, saying they are “potentially just another self-inflicted complication” when it would be simpler to apply for a stay.’
Litigation Futures, 3rd October 2017
Source: www.litigationfutures.com
Law Pod UK Ep. 11: The cost of surrogacy – a legitimate claim? – 1 COR
‘Rosalind English talks to David Prest about a recent High Court ruling on damages: Can someone who has been rendered infertile claim the costs of surrogacy abroad? A hospital admitted negligence in failing to diagnose the claimant’s cervical cancer. The chemotherapy and radiation treatment which followed rendered her infertile, but just before the treatment, her eggs were harvested and frozen. The court was asked to consider whether damages could include the cost of commercial surrogacy, an arrangement which is not legal in this country.’
Law Pod UK, 29th September 2017
Source: audioboom.com
