Supreme Court to hear appeal against defective service ruling in law firm negligence case – Litigation Futures

‘The Supreme Court will hear an appeal in November by a litigant in person over the defective service of a negligence claim against a Midlands law firm, it has been confirmed.’

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Litigation Futures, 29th September 2017

Source: www.litigationfutures.com

Calls for public inquiry as £37m compensation agreed for victims of rogue surgeon Ian Paterson – Daily Telegraph

Posted September 28th, 2017 in compensation, doctors, health, inquiries, medical treatment, negligence, news, victims by sally

‘Victims of rogue cancer surgeon Ian Paterson yesterday called for a public inquiry into the regulation of private doctors as a High Court judge approved a £37 million compensation package for hundreds of people who suffered at his hands.’

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Daily Telegraph, 27th September 2017

Source: www.telegraph.co.uk

Jackson: Most of the problems behind excessive costs are “sorted” or improving – Litigation Futures

Posted September 25th, 2017 in costs, fees, negligence, news by sally

‘Lord Justice Jackson said yesterday that 10 of the 16 causes of excessive costs in civil litigation he identified eight years ago have been eliminated or are on the way to elimination.’

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Litigation Futures, 22nd September 2017

Source: www.litigationfutures.com

Is a mother giving birth a primary or secondary victim in a claim for negligent treatment? – Family Law

Posted September 20th, 2017 in birth, hospitals, negligence, news, personal injuries, psychiatric damage by sally

‘RE v Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB) involved a claim relating to negligent treatment during a child’s birth that resulted in the child suffering cerebral palsy (CP). The case also involved psychological injury claims for mother and grandmother (the father’s claim was discontinued).’

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Family Law, 19th September 2017

Source: www.familylaw.co.uk

UK legal claims grow over exposure at work to toxic diesel fumes – The Guardian

‘Legal claims over exposure to diesel exhaust fumes at work are growing as unions warn toxic air in the workplace is a ticking time bomb on a par with asbestos.’

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The Guardian, 16th September 2017

Source: www.theguardian.com

Secret Millionaire property developer jailed for manslaughter after carpenter fell through ceiling – Daily Telegraph

Posted September 18th, 2017 in costs, fines, health & safety, homicide, imprisonment, negligence, news, sentencing by sally

‘A property developer who appeared on The Secret Millionaire has been jailed for manslaughter after a carpenter fell through the ceiling of a development a year after safety warnings.’

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Daily Telegraph, 17th September 2017

Source: www.telegraph.co.uk

MoD paid £750,000 on legal fees denying responsibility for soldier deaths – The Guardian

Posted September 12th, 2017 in armed forces, compensation, duty of care, fees, government departments, negligence, news by sally

‘The UK government spent more than £750,000 on lawyers’ fees trying to deny responsibility for the deaths of soldiers killed in lightly armoured Snatch Land Rovers, a freedom of information request has revealed.’

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The Guardian, 12th September 2017

Source: www.theguardian.com

A good day for defendants – lawyers react to discount rate reform and NAO report – Litigation Futures

Posted September 8th, 2017 in compensation, costs, insurance, negligence, news, personal injuries by sally

‘Yesterday’s announcement of how the Ministry of Justice intends to reform the discount rate and publication of the National Audit Office’s (NAO) report on clinical negligence claims drew predictably opposing responses from claimant and defendant groups.’

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Litigation Futures, 8th September 2017

Source: www.litigationfutures.com

Professional negligence claim against Law Society to proceed to trial – OUT-LAW.com

Posted September 7th, 2017 in law firms, Law Society, negligence, news, solicitors by sally

‘A professional negligence claim against the Law Society based on information listed in its “Find a Solicitor” (FAS) directory which turned out to be fraudulent should proceed to trial, the Court of Appeal has ruled.’

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OUT-LAW.com, 6th September 2017

Source: www.out-law.com

Hillsborough disaster: Judge rules that six men charged following the investigation can go on trial – The Independent

‘Six men charged after an investigation into the Hillsborough disaster can go on trial, a judge has ruled.’

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The Independent, 6th September 2017

Source: www.independent.co.uk

NHS negligence bill set to more than double as waiting lists lengthen – Daily Telegraph

Posted September 7th, 2017 in health, hospitals, medical treatment, negligence, news, reports by sally

‘Spiralling NHS negligence bills are set to double in less than five years, and could get even worse amid lengthening hospital waiting times, watchdogs have warned.’

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Daily Telegraph, 7th September 2017

Source: www.telegraph.co.uk

Report: “huge unmet legal need for unbundled services across the board” – Legal Futures

Posted September 6th, 2017 in legal services, negligence, news, reports, Solicitors Regulation Authority by sally

‘There is a massive demand for unbundled – or limited scope – legal services, not just in family law but in almost all areas of legal practice, according to a report on unbundling.’

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Legal Futures, 6th September 2017

Source: www.legalfutures.co.uk

Law Society fails in bid to throw out claim by firm over false ‘Find A Solicitor’ entry – Legal Futures

‘The Law Society has failed in its bid to strike out a negligence claim by a law firm that was the victim of a fraud after the details of another firm it had checked on the society’s online “Find a Solicitor” (FAS) facility turned out to be false.’

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Legal Futures, 29th August 2017

Source: www.legalfutures.co.uk

Costs judge rejects £10k ATE challenge based on ‘hindsight’ – Law Society’s Gazette

Posted August 25th, 2017 in costs, evidence, expert witnesses, insurance, judges, negligence, news by sally

‘A costs judge has rejected a defendant’s attempt to deprive a clinical negligence claimant of their £10,000 insurance premium.’

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Law Society's Gazette, 24th August 2017

Source: www.lawgazette.co.uk

Who Knows Where the Time Goes? The Recent Decision on Limitation and Contingent Loss in Osborne v. Follett Stock [2017] EWHC 1811 – 4 New Square

‘On Thursday 13 July 2017, following the trial of a preliminary issue of limitation, HH Judge Paul Matthews handed down judgment in Osborne v. (1) Follett Stock (a firm); (2) Follett Stock LLP.’

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4 New Square, 19th July 2017

Source: www.4newsquare.com

Five common perils of standstill agreements in professional liability claims – 4 New Square

Posted August 23rd, 2017 in limitations, negligence, news by sally

‘With standstill agreements back in the legal news following judgment being handed down in the Muduroglu matter ([2017] EWHC 29 (Ch)), below I have set out five frequently encountered problems with standstill agreements in professional liability claims.’

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4 New Square, 21st August 2017

Source: www.4newsquare.com

High Court Decision as to Scope of Vicarious Liability – Henderson Chambers

‘In Various Claimants v Barclays Bank PLC [2017] EWHC 1929 (QB), the High Court (The Hon Mrs Justice Davies DBE) held that Barclays Bank was vicariously liable in respect of alleged sexual assaults perpetrated by a Doctor, not employed by Barclays, who conducted medical assessments and examinations on prospective employees of the Bank.’

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Henderson Chambers, 10th August 2017

Source: www.hendersonchambers.co.uk

Revisiting reasonable skill and care: have construction professionals lost Bolam protection without even noticing? – Hardwicke Chambers

Posted August 22nd, 2017 in appeals, construction industry, negligence, news, Supreme Court by sally

‘In recent years there has been increasing interest as to whether construction professionals need to produce an end design that is fit for purpose or simply to show that they exercised reasonable skill and care. The Court of Appeal’s decision to overturn the first instance judgment in MT Hojgaard v Eon (and the first instance decision of Coulson J in MW High Tech v Haase), dampened the excitement somewhat by emphasising the orthodox position that, absent something really quite categorical in the terms, it is the standard of reasonable skill and care that applies.’

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Hardwicke Chambers, 31st July 2017

Source: www.hardwicke.co.uk

High Court rejects claim of solicitors’ negligence involving payments from £230m trust fund – Legal Futures

Posted August 10th, 2017 in law firms, negligence, news, solicitors, trusts by sally

‘A High Court judge has dismissed a negligence claim against London law firm Farrer & Co in a case involving a client with a $300m (£231m) trust fund.’

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Legal Futures, 10th August 2017

Source: www.legalfutures.co.uk

NHS victims face spending all their damages on lawyers – new report – Daily Telegraph

‘Victims of NHS blunders face spending all their compensation on lawyers fees, following a proposed Government shake-down of legal costs, experts have warned.’

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Daily Telegraph, 31st July 2017

Source: www.telegraph.co.uk