‘A law firm that made a mistake when drafting a loan letter on its client’s instructions, and failing to draw critical information to his attention, was not liable to that client when the loan failed. The client would have made a loss on the loan in any event due to his commercial misjudgments, the UK’s highest court has ruled.
OUT-LAW.com, 29th March 2017
Source: www.out-law.com
‘In Willmott–v- Rotherham NHS Foundation Trust (2017) EWCA Civ 181 the Court of Appeal considered whether a Judge’s comment during a clinical negligence trial had the objective appearance of bias or prejudging the evidence.’
Zenith PI Blog, 28th March 2017
Source: www.zenithpi.wordpress.com
‘The Supreme Court has upheld a ruling that a law firm which had been negligent in drawing up a loan facility agreement was not legally responsible for their client’s decision to actually make the loan.’
Legal Futures, 23rd March 2017
Source: www.legalfutures.co.uk
‘As new technologies and automation start playing an ever more important role in the legal world, what are the risks in relation to negligence? As new technologies and automation start playing an ever more important role in the legal world, what are the risks in relation to negligence?’
The Future of Law, 3rd March 2017
Source: www.blogs.lexisnexis.co.uk
‘On 3 March 2017, the Court of Appeal (Civil) Division handed down the judgment in Casson v Hudson & Anor [2017] EWCA Civ 125 in relation to a claim for damages following a fall from a ladder during the painting of a church hall. The case highlights the potential liabilities faced by incumbents and PCCs in relation to persons undertaking work on premises for which they are responsible.’
Law & Religion UK, 8th March 2017
Source: www.lawandreligionuk.com
‘The Court of Appeal has overturned a ruling that gave a national law firm summary judgment in a case alleging that its negligence had caused a company to lose a £4m intellectual property licensing deal with a global engineering giant.’
Legal Futures, 8th March 2017
Source: www.legalfutures.co.uk
‘In Cavanagh v Witley Parish Council, Queen’s Bench Judgment on 14 February 2017, the Parish Council was found liable in negligence when a large mature lime tree on its land, with severe and extensive decay in the root system extending into the base of the trunk, fell across a road and onto a bus, causing the driver severe injury. It was a busy public road. The tree, which leant towards the road, and was over 20 metres high, was in a high risk position alongside the road, albeit, on cursory observation, in a healthy condition. It required regular inspection by a competent arboriculturalist. The Council’s three-yearly inspection policy with regard to its tree stock was “inadequate”. Inspection should have been more frequent. The Council had been advised to do the survey every two years. The local Borough Council had at the relevant time been operating a one-year inspection in respect of trees in high-risk areas, including apparently healthy trees.’
Local Government Law, 21st February 2017
‘David Pilling records the contributions & discussion points from Jackson LJ’s Manchester roadshow.’
New Law Journal, 21st February 2017
Source: www.newlawjournal.co.uk
‘A costs judge has emphasised the need for solicitors to plan their litigation so as to ensure that their costs are proportionate, after slashing a £72,000 bill for a low-value clinical negligence case by two-thirds.’
Litigation Futures, 22nd February 2017
Source: www.litigationfutures.com
‘A medical expert who failed to disclose that he had trained the defendant on whose behalf he was giving evidence and that they had “worked together closely for a substantial period” has been criticised by the Court of Appeal’
Litigation Futures, 14th February 2017
Source: www.litigationfutures.com
‘In EXP v Barker, the trial judge and Court of Appeal were faced with an unusual situation. An expert witness – although undoubtedly skilled and experienced in his field – had omitted to mention a close personal connection to the party instructing him.’
Zenith PI Blog, 13th February 2017
Source: www.zenithpi.wordpress.com
‘In 2012 Mr Muller was diagnosed with a malignant melanoma on the sole of his left foot. The cancer had spread, despite a quick biopsy, and all secondary metastases were then removed. Fortunately, Mr Muller proceeded to receive positive six-month scans, is now clear of cancer and has maintained a normal life expectancy. All perfectly ordinary one would think – save that in 2011 a histopathologist had diagnosed the malignant melanoma as a non-malignant ulcer.’
Zenith PI, 7th February 2017
Source: www.zenithpi.wordpress.com
‘The Court of Appeal will be tasked with offering landmark guidance on the liability of professionals where property is purchased through an ID fraud. The Gazette exclusively revealed last week that City firm Mishcon de Reya faced a £1m payout after its client Dreamvar was duped into buying a London property from a tenant posing as the owner.’
Law Society’s Gazette, 6th February 2017
Source: www.lawgazette.co.uk
‘Caspar Glyn QC considers the Court of Appeal’s judgment today that an employee can be summarily dismissed for negligence and that a wrongfully dismissed employee cannot normally maintain an ongoing claim for wages.’
Cloisters, 24th January 2017
Source: www.cloisters.com
‘Health secretary Jeremy Hunt today finally announced the details of the fixed costs regime for clinical negligence cases.’
Law Society’s Gazette, 30th January 2017
Source: www.lawgazette.co.uk
‘The driver of a car, who was not distracted and was driving at only 20mph, was negligent in failing to see a pedestrian who, in drink, walked out into the road in front of her car.’
Zenith PI Blog, 26th January 2017
Source: www.zenithpi.wordpress.com
‘Wooldridge v George (2017) QBD (Judge Walden-Smith) 23/01/2017. The driver of a car, who was not distracted and was driving at only 20mph, was negligent in failing to see a pedestrian who, in drink, walked out into the road in front of her car.’
Zenith PI Blog, 26th January 2017
Source: www.zenithpi.wordpress.com
‘A primary school teacher who was “terrified” of giving birth died following failures and inadequate treatment at hospital, a coroner has ruled as her family said the truth had finally been acknowledged.’
BBC News, 16th January 2017
Source: www.bbc.co.uk
‘Everyone knows that the privilege of communications between client and lawyer is a fundamental principle of English Common Law. But there has been some uncertainty as to what happens if the privilege is waived for the purpose of some litigation. That, it seems to me, is clearly dealt with by the Court of Appeal in the recent case of Eurasian Natural Resources Corp Ltd v Dechert LLP [2016] 1WLR 5027.’
Zenith PI blog, 3rd January 2017
Source: www.zenithpi.wordpress.com
‘This case raises the interesting question of whether a disappointed graduate may call upon the courts to redress a grievance concerning the grade he was given for his degree; not just what his ground of claim should be, but whether this is the kind of grievance which should be navigated through the courts at all. There are some matters which are arguably non-justiciable matters of academic judgment.’
UK Human Rights Blog, 9th December 2016
Source: www.ukhumanrightsblog.com
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