‘It would be wrong to assume that it is “inherently more improbable” that a professional person will be dishonest than anyone else, the High Court has said.’
Legal Futures, 26th January 2016
Source: www.legalfutures.co.uk
‘The jury at the inquests into how 96 people died in the lethal crush at Hillsborough in 1989 will be asked to consider whether the South Yorkshire police chief superintendent David Duckenfield, who was in charge of the FA Cup semi-final between Liverpool and Nottingham Forest, caused the deaths by gross negligence manslaughter.’
The Guardian, 25th January 2016
Source: www.guardian.co.uk
‘A claimant who receives less at stage 3 of the RTA protocol than was offered at stage 2 has to reimburse the difference, a circuit judge has ruled.’
Litigation Futures, 21st January 2016
Source: www.litigationfutures.com
‘The introduction of fixed recoverable costs (FRC) in clinical negligence cases is still planned for 1 October 2016, the Department of Health has confirmed.’
Litigation Futures, 14th January 2016
Source: www.litigationfutures.co.uk
‘A dispute over an unsuccessful start-up turns messy, but clears up a point of confusion over patent assignments.’
Technology Law Update, 14th January 2016
Source: www.technology-law-blog.co.uk
‘Court hears two underqualified doctors watched as a previously healthy young woman lay dying without taking the basic steps that could have saved her.’
Daily Telegraph, 13th January 2016
Source: www.telegraph.co.uk
‘This article by Daniel Northall was first produced for and published by LawinSport.com . Daniel examines the legal implications of the recent controversy1 concerning the mis-selling of investments2 to high net worth individuals, notably footballers.3 Specifically, it explores the nature of the problem, including the investments made, how they might come to be mis-sold, and the avenues available to a footballer who has sustained substantial losses through mis-sold investments. It will be particularly relevant to footballers and their professional advisors.’
Littleton Chambers, 12th January 2016
Source: www.littletonchambers.com
‘It was an “abuse of process” for individuals to deliberately understate the value of their claims against a law firm so that they could avoid paying higher court fees up front and issue their claims within the limitation period, the High Court has ruled.’
OUT-LAW.com, 7th January 2016
Source: www.out-law.com
‘The High Court has found a Newcastle law firm’s conduct an abuse of process after it repeatedly failed to pay the proper court fees when it issued claims.’
Legal Futures, 8th January 2016
Source: www.legalfutures.co.uk
Lewis and others v Ward Hadaway (a firm) [2015] EWHC 3503 (Ch); [2015] WLR (D) 551
‘In determining whether a party had properly brought a claim before the court so as to stop the clock for limitation purposes, the requirement that the form be accompanied by the “appropriate fee” was not satisfied in circumstances where the act of payment of the fee was in itself an abuse of process. In such circumstances, the claim had not properly been brought and time continued to run for limitation purposes.’
WLR Daily, 21st December 2015
Source: www..iclr.co.uk
‘A doctor and an agency nurse who “seriously neglected” a six-year-old boy who died in hospital have been sentenced for his manslaughter.’
BBC News, 14th December 2015
Source: www.bbc.co.uk
‘Two nurses have been jailed for “playing with people’s lives” by falsifying vulnerable stroke patients’ vital medical tests.’
The Guardian, 14th December 2015
Source: www.guardian.co.uk
‘In Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 the Court of Appeal made an important change to the law of causation. From now onwards, the contractual approach causation shall apply instead of the tortious principles of remoteness in cases of concurrent liability. The effect of this case will be to materially change causation analyses in professional negligence matters, albeit the conclusion (as demonstrated in the Wellesley case itself) through the two analytical frameworks may well be identical.’
Hardwicke Chambers, 2nd December 2015
Source: www.hardwicke.co.uk
‘In his monthly column, James Bickford Smith discusses the decision in Ong and others v Ping [2015] EWHC 3258 (Ch) and the apparent revival of the “rule” in Lewis v Daily Telegraph Ltd (No 2) [1964] 2 QB 601.’
Full story
Littleton Chambers, 4th December 2015
Source: www.littletonchambers.co.uk
‘The majority of claims against professionals are framed in contract, the tort of negligence, or a combination of both. As readers of this article will be aware, the Limitation Act 1980 provides the same limitation period for both causes of action: “six years from the date on which the case of action arose.” But readers will also know that those periods frequently begin (and more importantly end) on different dates. This is because a breach of contract is actionable per se, i.e. without the need to prove damage, where as a claim in negligence requires proof of damage, which will often occur some time after the breach of duty, which is said to have caused it. For this reason many claims which are out of time for a claim in contract, are nevertheless in time for a claim in the tort of negligence.’
Hardwicke Chambers, 2nd December 2015
Source: www.hardwicke.co.uk
‘We are now bombarded with case reports by email and over the Internet. The reporting of 1st instance quantum decisions used to be a comparative rarity before 1992 and the PIQR. Even then there was a time lag in publication and many decisions were never covered. On one level, we are immensely fortunate now to be able to discern how the best counsel and 1st instance judges set about their respective tasks in serious personal injuries litigation; but with that opportunity comes the obligation on the serious practitioner to take the time really to get to grips with the lengthy judgments. It is not easy. This paper, evolving since the autumn of 2007, is an exercise in the on-going fulfilment of that obligation.’
Byrom Chambers, 7th December 2015
Source: www.byromstreet.com
‘Personal injury, commercial and family work will all fuel negligence claims against lawyers, insurance specialist BLM has warned in a white paper.’
Legal Futures, 8th December 2015
Source: www.legalfutures.co.uk
‘An Apple customer has won a “monumental victory” over the tech company after his photos were wiped.’
Daily Telegraph, 1st December 2015
Source: www.telegraph.co.uk
‘A High Court judge has launched an extraordinary attack on a senior property partner, saying that although he was “on the whole” an honest witness, he “plainly cut corners all the time in his practice”.’
Legal Futures, 30th November 2015
Source: www.legalfutures.co.uk
‘Court of Appeal ruling that solicitors may offer ‘unbundled’ services without being held liable for matters beyond those in their client retainer has been widely welcomed by the profession. ‘
Law Society’s Gazette, 23rd November 2015
Source: www.lawgazette.co.uk
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