Advising on a secondary victim claim? December 2014 produced a trio of new cases – Hardwicke Chambers

Posted March 17th, 2015 in health, negligence, news, psychiatric damage, victims by sally

‘If you are struggling to pin down the relevant principles when advising in a secondary victim case this should be no surprise. As Lord Hoffmann observed: “It seems to me that in this area of the law, the search for principle was called off in Alcock v Chief Constable of South Yorkshire [1992] 1 A.C. 310. No one can pretend that the existing law, which your Lordships have to accept, is founded upon principle.” in White v Chief Constable of South Yorkshire [1999] 2 AC 455 (the police officers’ claims arising out of the Hillsborough disaster).’

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Hardwicke Chambers, 20th January 2015

Source: www.hardwicke.co.uk

Justice watchdog sued by wrongly convicted man who spent 17 years in prison for attempted rape – The Independent

‘A man who spent 17 years in prison for attempted rape before having his conviction quashed on the basis of a DNA test is suing the miscarriage of justice watchdog for negligence. It is claimed the Criminal Cases Review Commission (CCRC) repeatedly failed to undertake forensic analysis of the victim’s clothing, instead relying on the assurances of the same police force that investigated the case.’

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The Independent, 15th March 2015

Source: www.independent.co.uk

Infertility helped your career, NHS tells lawyer – Daily Telegraph

‘A high flying city lawyer, who was rendered infertile after NHS blunders, was told she was due less compensation as children would have hampered her career.’

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Daily Telegraph, 6th March 2015

Source: www.telegraph.co.uk

Morecambe Bay: timeline of a scandal – Daily Telegraph

‘As an independent investigation finds that mothers and babies might have lived, if not for appalling blunders by staff, and efforts to hide the failings, we look at the history of the Morecambe Bay NHS scandal.’

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Daily Telegraph, 3rd March 2015

Source: www.telegraph.co.uk

Morecambe Bay report: Bereaved families of babies who died ‘saddened’ but ‘vindicated’ by damning findings – The Independent

‘Parents of newborn babies who died due to shocking failings by maternity staff at Furness General Hospital have spoken of how they are “saddened” but “vindicated” by the publication of the damning Morecambe Bay report.’

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The Independent, 3rd March 2015

Source: www.independent.co.uk

Jail those who turn a blind eye to child abuse, says Cameron – The Guardian

‘Teachers, social workers who work with children and councillors could face up to five years in prison if they turn a blind eye to child abuse under proposals to be set out on Tuesday by David Cameron.’

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The Guardian, 3rd March 2015

Source: www.guardian.co.uk

Personal injury: duty of care – Law Society’s Gazette

‘In December the High Court gave judgment in NA v Nottinghamshire County Council [2014] EWHC 4005 (QB). The claimant (who was born in 1977) said that while in her mother’s care she had suffered physical and emotional abuse, and that the defendant local authority had failed in their common law duty of care by failing either to remove her or protect her from the abuse.’

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Law Society’s Gazette, 23rd February 2015

Source: www.lawgazette.co.uk

Jackson (Appellant) v Murray and another (Respondents) (Scotland) – Supreme Court

Jackson (Appellant) v Murray and another (Respondents) (Scotland) [2015] UKSC 5 (YouTube)

Supreme Court, 18th February 2015

Source: www.youtube.com/user/UKSupremeCourt

Anonymity breakthrough in personal injury claims – Law Society’s Gazette

Posted February 18th, 2015 in anonymity, children, negligence, news, personal injuries by sally

‘Children and protected parties in medical negligence and personal injury cases should not be publicly named unless anonymity is either unnecessary or inappropriate, the Court of Appeal ruled today.’

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Law Society’s Gazette, 17th February 2015

Source: www.lawgazette.co.uk

Near-drowned woman wins compensation over school swimming lesson – BBC News

Posted February 18th, 2015 in compensation, negligence, news, personal injuries, school children, teachers by sally

‘A woman who nearly drowned during a school swimming lesson when she was 10 years old has won a compensation battle at the High Court.’

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BBC News, 17th February 2015

Source: www.bbc.co.uk

Joanna Michael: ‘Sorry isn’t good enough’ – mother – BBC News

‘The mother of a woman brutally murdered after a 999 delay has said she will take her case to the House of Commons to get “justice” for her daughter.’

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BBC News, 17th February 2015

Source: www.bbc.co.uk

Patient death payout by University Hospital of Wales – BBC News

Posted February 16th, 2015 in compensation, hospitals, medical treatment, negligence, news by sally

‘A patient’s family who blamed her death on medics’ failure to treat her following major heart surgery has received a compensation payout after taking the case to London’s High Court.’

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BBC News, 13th February 2015

Source: www.bbc.co.uk

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) – Supreme Court

Posted February 10th, 2015 in domestic violence, duty of care, law reports, murder, negligence, police, Wales by sally

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) [2015] UKSC 2 (YouTube)

Supreme Court, 28th January 2015

Source: www.youtube.com/user/UKSupremeCourt

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) – Supreme Court

Posted February 6th, 2015 in domestic violence, duty of care, human rights, law reports, negligence, police by sally

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) [2015] UKSC 2 (YouTube)

Supreme Court, 28th January 2015

Source: www.youtube.com/user/UKSupremeCourt

Police not liable in negligence to victim of domestic violence, but Article 2 claim proceeds – UK Human Rights Blog

Posted February 5th, 2015 in appeals, domestic violence, human rights, negligence, news, police, Supreme Court by sally

‘The Supreme Court has rejected a challenge to the long-standing rule that the police owe no duty of care in negligence in the context of protecting victims from potential future crimes.’

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UK Human Rights Blog, 4th February 2015

Source: www.ukhumanrightsblog.com

Philip Phillips wins rights to damages after heart attack – BBC News

Posted February 5th, 2015 in damages, doctors, health, negligence, news by sally

‘A man who had heart failure hours after a GP examination has won the right to a substantial High Court damages payout.’

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BBC News, 4th February 2015

Source: www.bbc.co.uk

Lee Balkwell concrete mixer death: Family awarded £12,000 – BBC News

‘The family of a man found dead in a concrete mixer in Essex has been awarded £12,000 in compensation.’

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BBC News, 30th January 2015

Source: www.bbc.co.uk

Analysis: Why can’t we sue the police for negligence? – BBC News

Posted January 29th, 2015 in appeals, human rights, immunity, negligence, news, police, public interest, Supreme Court by sally

‘You call the police in your moment of need and they don’t turn up until it’s too late.’

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BBC News, 28th January 2015

Source: www.bbc.co.uk

Family of woman killed by ex-partner loses battle to sue police for negligence – The Guardian

Posted January 29th, 2015 in appeals, domestic violence, families, immunity, murder, negligence, news, police, Supreme Court by sally

‘A family has lost its battle in the supreme court for the right to sue police for negligence over the death of a young mother killed by her ex-boyfriend in fit of jealous rage.’

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The Guardian, 28th January 2015

Source: www.guardian.co.uk

Government in £9 million payout after single letter blunder causes business to collapse – Daily Telegraph

Posted January 28th, 2015 in costs, damages, mistake, negligence, news, winding up by tracey

‘A High Court judge has found Companies House liable for the demise of Taylor & Sons Ltd, after they mistakenly recorded that it had been wound up.’

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Daily Telegraph, 27th January 2015

Source: www.telegraph.co.uk