Unhappy customer sues Apple after honeymoon photos are wiped from phone – Daily Telegraph

Posted December 2nd, 2015 in compensation, costs, negligence, news, photography, telecommunications by sally

‘An Apple customer has won a “monumental victory” over the tech company after his photos were wiped.’

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Daily Telegraph, 1st December 2015

Source: www.telegraph.co.uk

High Court judge castigates senior property partner “who cut corners all the time” – Legal Futures

Posted November 30th, 2015 in negligence, news, solicitors, witnesses by sally

‘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”.’

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Legal Futures, 30th November 2015

Source: www.legalfutures.co.uk

Legal profession welcomes unbundling decision – Law Society’s Gazette

Posted November 25th, 2015 in appeals, budgets, duty of care, fees, legal aid, negligence, news, personal injuries, solicitors by sally

‘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. ‘

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Law Society’s Gazette, 23rd November 2015

Source: www.lawgazette.co.uk

Government delays clinical negligence fixed costs consultation – Litigation Futures

Posted November 19th, 2015 in consultations, costs, delay, fees, negligence, news by tracey

‘The government has delayed launch of its consultation on introducing fixed recoverable costs in low-value clinical negligence claims.’

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Litigation Futures, 19th November 2015

Source: www.litigationfutures.com

Court of Appeal gives explicit backing for “valuable” unbundling – Legal Futures

‘Solicitors who offer “unbundled” legal advice to help litigants deal with challenging parts of the process provide an “invaluable” service to both the court and litigants, the Court of Appeal said yesterday.’

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Legal Futures, 18th November 2015

Source: www.legalfutures.co.uk

Court of Appeal rules on liability of councils for foster care abuse – Local Government Lawyer

Posted November 16th, 2015 in child abuse, fostering, local government, negligence, news, vicarious liability by sally

‘The Court of Appeal has handed down a key ruling on the liability of councils for foster care abuse, concluding that local authorities do not owe a child in such care a non-delegable duty.’

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Local Government Lawyer, 12th November 2015

Source: www.localgovernmentlawyer.co.uk

Ruling on interim costs payment reveals judge’s proportionality concern – Litigation Futures

Posted November 13th, 2015 in costs, law firms, negligence, news, proportionality by tracey

‘A claimant law firm has been given a major shot across the bows over its costs claim in a clinical negligence case after a High Court judge heavily reduced the sum its client sought as payment on account of costs, on the grounds of both proportionality and necessity.’

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Litgiation Futures, 13th November 2015

Source: www.litigationfutures.com

CA adds extra negligence finding and £375k damages on top of High Court’s £1.6m Withers ruling – Legal Futures

Posted November 13th, 2015 in damages, drafting, law firms, limited liability partnerships, negligence, news by tracey

‘The Court of Appeal has made an additional finding of negligence against leading London law firm Withers over its drafting of an LLP agreement and increased the £1.6m in damages awarded in the High Court by a further £375,000.’

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Legal Futures, 12th November 2015

Source: www.legalfutures.co.uk

Negligent valuation overturned, but security issuer entitled to sue, says court – OUT-LAW.com

Posted November 9th, 2015 in appeals, damages, mortgages, negligence, news, statistics, surveyors, valuation by sally

‘The Court of Appeal has suggested that a commercial mortgage-backed security (CMBS) issuer would be entitled to sue a surveyor for a potentially negligent valuation, despite overturning the finding of negligence itself.’

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OUT-LAW.com, 6th November 2015

Source: www.out-law.com

Assessing Damages when the Claimant was Already Seriously Incapacitated: Court of Appeal Decision – Zenith PI Blog

Posted November 3rd, 2015 in appeals, damages, disabled persons, hospitals, negligence, news, personal injuries by sally

‘In Reaney -v- University Hospital of North Staffordshire NHS Trust [2015] EWCA Civ 1119 the Court of Appeal considered the appropriate approach to the award of damages when injuries are caused to a claimant who, prior to the defendant’s negligence, was already seriously disabled.’

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Zenith PI Blog, 2nd November 2015

Source: www.zenithpi.wordpress.com

Nurse found guilty of gross negligence manslaughter – The Guardian

Posted November 3rd, 2015 in homicide, negligence, news, nurses by sally

‘An agency nurse has been found guilty of causing the death of a six-year-old boy by gross negligence.’

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The Guardian, 2nd November 2015

Source: www.guardian.co.uk

Insurance surgery: Out for the count – New Law Journal

Posted October 29th, 2015 in contracting out, health, insurance, negligence, news, third parties by sally

‘Bridget Tatham follows the rise & risk of public sector outsourcing.’

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New Law Journal, 26th October 2015

Source: www.newlawjournal.co.uk

Professional Negligence: Let the Client Decide what matters – 36 Bedford Row Property Blog

‘The High Court has given a reminder of the important qualification to the general principle that a lawyer, or licensed conveyancer, is not obliged to undertake investigations that are not expressly or impliedly requested by the client. The principle is subject to the qualification that: if in fact a solicitor acquires information that may be of importance to a client; then it is the duty of the solicitor to bring that information to the attention of the client. It is the client who decides whether the information is important; the lawyer should not presume to make that decision. Failing to consider information, to advise the client or even pass on such information to the client can be costly. It is safer to communicate too much rather than too little.’

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36 Bedford Row Property Blog, 27th October 2015

Source: www.36property.co.uk

Revised ‘Saatchi bill’ is back but critics still fearful – Law Society’s Gazette

Posted October 19th, 2015 in bills, doctors, negligence, news by sally

‘The new incarnation of the Saatchi bill to allow doctors to innovate without fear of negligence actions has continued its progress through parliament – but the legislation continues to divide opinion among MPs.’
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Law Society’s Gazette, 17th October 2015

Source: www.lawgazette.co.uk

Princess of Wales Hospital nurse neglect trial collapses – BBC News

‘The case against two hospital nurses accused of wilfully neglecting vulnerable patients has collapsed.’

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BBC News, 14th October 2015

Source: www.bbc.co.uk

CA rejects law firm’s bid to reverse relief granted over funding notice failure – Litigation Futures

‘Mishcon de Reya has failed in its bid to overturn the grant of relief from sanctions made in favour of claimants who are suing the London law firm for professional negligence but failed to serve their funding notice in time.’

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Litigation Futures, 13th October 2015

Source: www.litigationfutures.com

Trial judge and costs. Ooops – Nearly Legal

‘I’ve heard about a few costs decisions by trial judges recently which might be considered, to put it politely, interesting, or brave, in the Yes Minister sense. So it was with some interest that I read the Court of Appeal decision in Begum v Birmingham City Council [2015] EWCA Civ 386.’

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Nearly Legal, 8th October 2015

Source: www.nearlylegal.co.uk

Appeal judges overturn Blakemores negligence claim strike-out and £635,000 costs judgment – Legal Futures

Posted October 9th, 2015 in appeals, costs, land registration, law firms, mistake, negligence, news, striking out by tracey

‘The Court of Appeal has overturned a High Court decision striking out a negligence claim against Birmingham law firm Blakemores, now in administration, and also set aside a default judgment obtained by the firm for £635,500 in costs.’

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Legal Futures, 8th October 2015

Source: www.legalfutures.co.uk

Appeal court reopens case against collapsed firm – Law Society’s Gazette

Posted October 8th, 2015 in appeals, damages, land registration, law firms, negligence, news by sally

‘Collapsed Midlands firm Blakemores will face trial over a land registration dispute after the Court of Appeal reopened a case against it.’

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Law Society’s Gazette, 7th October 2015

Source: www.lawgazette.co.uk

Couple win damages from Hackney after children wrongly kept in care – The Guardian

‘A husband and wife have won £10,000 each in damages from a local authority that wrongly kept their eight children in foster care. A deputy high court judge Sir Robert Francis said that if ever there was a case illustrating the challenges that faced children, parents, public authorities and the courts when concerns were raised about the safety and welfare of children, it was this one.’

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The Guardian, 17th September 2015

Source: www.guardian.co.uk