‘This case is concerned with the extent to which a doctor is required, under the duty of care owed to a patient, to inform the patient about alternative possible treatments to the one that is being recommended.’
UKSC Blog, 12th July 2023
Source: ukscblog.com
‘In this post, Anna Walsh (Partner) and Nicole Ellerby (Associate) in CMS’ defendant medical malpractice team consider the awaited decision from the Supreme Court in the Scottish case of McCulloch and Ors v Forth Valley Health Board [2021] CSIH 21.’
UKSC Blog, 3rd July 2023
Source: ukscblog.com
‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the “enhanced” investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the “interested persons”, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’
UK Human Rights Blog, 28th June 2023
Source: ukhumanrightsblog.com
‘A major suspect in the Stephen Lawrence murder is publicly named today for the first time, after a BBC investigation.’
26th June 2023
Source: www.bbc.co.uk
‘A High Court judge has thrown out allegations of collusion and negligence against a law firm after agreeing that the case was “going nowhere”.’
Law Society's Gazette, 21st June 2023
Source: www.lawgazette.co.uk
‘The High Court has thrown out a defamation claim over a letter sent by one law firm to another asserting a solicitor’s lien over £100,000 of any damages awarded to its former clients.’
Legal Futures, 16th June 2023
Source: www.legalfutures.co.uk
‘What such an exceptional case might look like has remained a matter of speculation. Until now. On 9 May Ritchie J handed down judgment in Woodcock v Chief Constable of Northamptonshire [2023] EWHC 1062 (KB), which, if it remains good law, is likely to have a significant impact upon the law concerning the liability of the police in the tort of negligence.’
UK Human Rights Blog, 12th June 2023
Source: ukhumanrightsblog.com
‘The claimant was a member of the defendant’s church. She and her husband had formed a close friendship with an elder in the church. During a visit to the elder’s house in 1990, the elder raped the claimant while they were together in a room. She reported the crime to the police in 2014 and her assailant was convicted and imprisoned. She then brought a claim against the defendant alleging that it was vicariously liable for the elder’s attack on her. At first instance, the trial judge held that the defendant was vicariously liable and that decision was upheld by the Court of Appeal. The defendant then appealed to the Supreme Court.’
Law Society's Gazette, 12th May 2023
Source: www.lawgazette.co.uk
‘The extension of fixed recoverable costs (FRCs) later this year will lead to “poor behaviours” by some parties and a decade of litigation to clarify how they work, the new president of the Association of Personal Injury Lawyers (APIL) has predicted.’
Legal Futures, 12th May 2023
Source: www.legalfutures.co.uk
‘The Court of Appeal has rejected a claim from a convicted drug dealer that he was “pressurised” to plead guilty by “negligent advice” from his lawyers.’
Legal Futures, 4th May 2023
Source: www.legalfutures.co.uk
‘”Deeper pockets” is not sufficient justification for extending vicarious liability “beyond its principled boundaries” the Supreme Court has found, as it ruled a congregation cannot be liable for a rape committed by one of its elders.’
Law Society's Gazette, 2nd May 2023
Source: www.lawgazette.co.uk
‘The Metropolitan Police may be failing to identify serial killers because it is not properly investigating unexpected deaths, a watchdog says.’
BBC News, 28th April 2023
Source: www.bbc.co.uk
‘Lucy McCann speaks to Cara Guthrie and Matthew Flinn of 1 Crown Office Row, about multi-defendant litigation in the field of clinical negligence.’
Law Pod UK, 24th April 2023
Source: audioboom.com
‘A law firm that narrowed the scope of its retainer after a divorcing woman negotiated her own financial settlement was nonetheless negligent in failing to give her advice on the deal, the High Court has ruled.’
Legal Futures, 24th April 2023
Source: www.legalfutures.co.uk
‘A law firm which started proceedings when its client did not have standing to bring them has been ordered to pay wasted costs because it failed to check this.’
Legal Futures, 21st April 2023
Source: www.legalfutures.co.uk
‘Health Secretary Michael Matheson is launching an independent review of NHS Tayside in relation to disgraced former head of neurosurgery Sam Eljamel.’
BBC News, 20th April 2023
Source: www.bbc.co.uk
‘A topic close to my (legal) heart, and one upon which I have been known to speak unprompted at some length, is the correct approach to fact-finding where several possible causes, or causal mechanisms, are suggested for the damage under investigation: a common feature of clinical negligence (and, more widely, personal injury) litigation.’
Ropewalk Clinical Negligence Blog, 29th March 2023
Source: ropewalk.co.uk
‘In the recent case of Mundy v TUI UK Ltd [2023] EWHC 385 (Ch), the High Court (Collins Rice J) provided helpful clarification about when Part 36 offers deal with an apportionment of liability.’
Pump Court Chambers, 27th March 2023
Source: www.pumpcourtchambers.com
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