Category: negligence

The “Investment Mis-Selling” Controversy – What Should Footballers do Next? – Littleton Chambers

Posted January 12th, 2016 in financial regulation, fraud, negligence, news, sport by sally

‘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.’

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Littleton Chambers, 12th January 2016

Source: www.littletonchambers.com

Deliberately understating claim value to avoid higher court fees is an ‘abuse of process’, court rules – OUT-LAW.com

Posted January 8th, 2016 in abuse of process, fees, law firms, limitations, negligence, news by sally

‘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.’

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OUT-LAW.com, 7th January 2016

Source: www.out-law.com

High Court finds abuse of process in how law firm sued fellow solicitors – Legal Futures

Posted January 8th, 2016 in abuse of process, fees, law firms, limitations, negligence, news by sally

‘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.’

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Legal Futures, 8th January 2016

Source: www.legalfutures.co.uk

Lewis and others v Ward Hadaway (a firm) – WLR Daily

Posted January 6th, 2016 in abuse of process, fees, law firms, law reports, limitations, negligence, solicitors by sally

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

Jack Adcock death: Doctor and nurse get suspended sentences for manslaughter – BBC News

Posted December 15th, 2015 in children, disabled persons, doctors, duty of care, homicide, negligence, news, nurses, sentencing, suspended sentences by sally

‘A doctor and an agency nurse who “seriously neglected” a six-year-old boy who died in hospital have been sentenced for his manslaughter.’

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BBC News, 14th December 2015

Source: www.bbc.co.uk

Nurses jailed for falsifying stroke patients’ records – The Guardian

Posted December 15th, 2015 in community service, negligence, news, nurses, sentencing by sally

‘Two nurses have been jailed for “playing with people’s lives” by falsifying vulnerable stroke patients’ vital medical tests.’

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The Guardian, 14th December 2015

Source: www.guardian.co.uk

Wellesley v Withers: A significant change in the analysis of remoteness of damage – Hardwicke Chambers

Posted December 9th, 2015 in causation, contracts, drafting, limited liability partnerships, negligence, news by sally

‘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.’

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Hardwicke Chambers, 2nd December 2015

Source: www.hardwicke.co.uk

Separate Representation, Conflicts and Costs: A Practical View from the Bar – Littleton Chambers

Posted December 9th, 2015 in costs, drafting, legal representation, negligence, news by sally

‘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.’
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Littleton Chambers, 4th December 2015

Source: www.littletonchambers.co.uk

When does the clock start ticking? Limitation and the Privy Council case of Maharaj v Johnson – Hardwicke Chambers

Posted December 9th, 2015 in contracts, limitations, negligence, news, Privy Council by sally

‘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.’

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Hardwicke Chambers, 2nd December 2015

Source: www.hardwicke.co.uk

Serious Personal Injury Litigation – A Quantum Update – Byrom Chambers

Posted December 9th, 2015 in bills, carers, compensation, damages, hospitals, negligence, news, personal injuries, remuneration by sally

‘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.’

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Byrom Chambers, 7th December 2015

Source: www.byromstreet.com

Professional negligence warning over PI, commercial and family work – Legal Futures

Posted December 8th, 2015 in law firms, negligence, news, personal injuries, reports by sally

‘Personal injury, commercial and family work will all fuel negligence claims against lawyers, insurance specialist BLM has warned in a white paper.’

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Legal Futures, 8th December 2015

Source: www.legalfutures.co.uk

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 sally

‘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

Posted November 18th, 2015 in appeals, budgets, contracts, legal aid, legal services, litigants in person, negligence, news, professional conduct, solicitors by sally

‘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 sally

‘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 sally

‘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