‘“The law of vicarious liability is on the move”, so began Lord Reed in his judgment in Cox -v- Ministry of Justice [2016] UKSC 10.’
Zenith PI, 23rd March 2016
Source: www.zenithpi.wordpress.com
‘On 25 January 2016 the Judicial Committee of the Privy Council handed down judgment in the case of Williams v The Bermuda Hospitals Board [2016] UKPC 4, the most recent reported decision regarding material contribution in clinical negligence cases. While not binding in domestic courts the case is highly persuasive authority.’
Hardwicke Chambers, 8th March 2016
Source: www.hardwicke.co.uk
‘On 24 February 2016, in R (Holmcroft Properties Limited) -v- KPMG LLP and others, the Divisional Court dismissed Holmcroft’s judicial review challenge to the skilled person’s role in a mis-selling redress scheme. The skilled person, KPMG, had approved Barclays’ rejection of Holmcroft’s claims for consequential losses it claimed to have suffered as a result of the mis-sale. The court found that the skilled person was not amenable to judicial review and that, in any event, it had acted fairly.’
Henderson Chambers, 3rd March 2016
Source: www.hendersonchambers.co.uk
‘A law firm that admitted negligence has fought off a £100,000 claim after the court decided no harm was caused by its mistake.’
Law Society’s Gazette, 21st March 2016
Source: www.lawgazette.co.uk
‘A High Court judge has ruled that the claims of two boys against a council for negligence in failing to protect them from harassment from neighbours on the estate where they lived were wrongly struck out.’
Local Government Lawyer, 18th March 2016
Source: www.localgovernmentlawyer.co.uk
‘Two important Supreme Court judgments concerning vicarious liability were handed down last week. Mohamud v WM Morrison Supermarkets [2016] UKSC 11 affirms the “close connection” test set out in Lister v Hesley Hall Ltd [2001] UKHL 22 and rejects the formulation of a new test for vicarious liability based on “representative capacity”. Cox v Ministry of Justice [2016] UKSC 10 extends the sorts of relationships where a defendant can be made vicariously liable for the conduct of an individual and evaluates Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (the ‘Christian Brothers’ case).’
UK Human Rights Blog, 8th March 2016
Source: www.ukhumanrightsblog.com
‘Six months ago I discussed at some length the issues arising from the decision of the Supreme Court in Jackson v Murray [2015] PIQR P249. More recently in Sabir v Osei-Kwabena [2016] PIQR Q56, the problem cropped up again, this time in the Court of Appeal.’
Zenith PI, 7th March 2016
Source: www.zenithpi.wordpress.com
‘The claimant suffered a head injury and was taken to a hospital managed by the defendant. A CT scan was performed some six hours after his admission and he was transferred to another hospital where he underwent surgery. He was left with cognitive and neuropsychological deficits. He claimed damages in negligence against the defendant contending, inter alia, that the defendant’s negligent delay in undertaking the CT scan had resulted in a period of raised intra-cranial pressure which had caused or materially contributed to his brain damage. The defendant contended that only if the claimant could establish that damaging raised intra-cranial pressure caused by the defendant’s negligence had caused his brain injury that, applying the classic “but for” test of causation, he could recover as against the defendant, and that it was insufficient to establish “material contribution”.’
WLR Daily, 16th March 2016
Source: www.iclr.co.uk
‘The Ministry of Defence has escaped prosecution over the deaths of three soldiers on an SAS selection course, only thanks to a convention that it is granted immunity, it has been confirmed.’
The Independent, 2nd March 2016
Source: www.independent.co.uk
‘A circuit judge has rejected a challenge by the NHS Litigation Authority (NHSLA) to a medical negligence ATE insurance premium described by the claimant as a “perfectly normal block policy”.’
Ligitation Futures, 29th February 2016
Source: www.litigationfutures.com
Kennedy (Appellant) v Cordia (Services) LLP (Respondent) (Scotland) [2016] UKSC 6 (YouTube)
Supreme Court, 10th February 2016
‘It has appeared inevitable in recent months that some form of fixed costs scheme will be introduced if the powers that be have their way although it was anticipated smaller claims would be targeted. However, Jackson LJ dropped the hand grenade that all costs involving claims up to £250,000 should be fixed.’
Litigation Futures, 17th February 2016
Source: www.litigationfutures.com
‘The collapse of the Kids Company charity was a result of an “extraordinary catalogue of failures”, a committee of MPs has said.’
BBC News, 1st February 2016
Source: www.bbc.co.uk
‘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
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