negligence – Page 45 – Current Awareness

Thwaytes v Sothebys – WLR Daily

Posted January 20th, 2015 in artistic works, auctioneers, duty of care, law reports, negligence by sally

Thwaytes v Sothebys [2015] EWHC 36 (Ch); [2015] WLR (D) 12

‘The standard of care imposed on an auction house where a person consigned a work of art for research and assessment was no greater than that owed to a person who consigned a work of art for sale.’

WLR Daily, 16th Janury 2015

Source: www.iclr.co.uk

General damages are not reduced because of age: the law set out with clarity – Zenith PI Blog

Posted January 19th, 2015 in damages, elderly, medical treatment, negligence, news, personal injuries by tracey

‘There are many reasons why personal injury litigators should read the decision of Judge Curran QC (sitting as a judge of the High Court) in Miller -v- Imperial College Healthcare NHS Trust [2014] EWHC 3772 (QB). One of the reasons is the detailed analysis of the argument that damages for pain and suffering should automatically be reduced because of a claimant’s age. As the judgment shows age can be an aggravating factor, not a matter that leads to a reduction in the award.’

Zenith PI Blog, 17th January 2015

Source: www.zenithpi.wordpress.com

Good Samaritan Law – BBC Unreliable Evidence

Posted January 15th, 2015 in crime, doctors, duty of care, homicide, negligence, news, nurses, volunteers by sally

‘Clive Anderson and guests ask why Britain, unlike many other countries in the world, has no general law which requires people to behave like good Samaritans, punishing those who fail to help others in trouble.’

BBC Unreliable Evidence, 14th January 2015

Source: www.bbc.co.uk

“No proper justification” for challenge based on draft judgment – Litigation Futures

Posted January 14th, 2015 in accountants, causation, judgments, negligence, news, taxation by tracey

‘There was “no proper justification” for a claimant seeking to reopen an issue based on the circulation of a draft judgment, the High Court has ruled.’

Litigation Futures, 13th January 2015

Source: www.litigationfutures.com

The Law and Artificial Intelligence – BBC Unreliable Evidence

Posted January 8th, 2015 in artificial intelligence, computer programs, health, negligence, news, road traffic offences by sally

‘Clive Anderson ask how our legal system will cope in a fast-approaching world of autonomous cars, care-bots and other machines using artificial intelligence to make judgments normally made by humans.’

BBC Unreliable Evidence, 7th January 2015

Source: www.bbc.co.uk

THE REAL ADVANTAGES AND RISKS OF PART 36 – Zenith PI Blog

Posted January 7th, 2015 in civil procedure rules, costs, damages, indemnities, negligence, news, part 36 offers, personal injuries by tracey

‘In Downing v Peterborough & Stamford NHS Foundation Trust [2014]EWHC 4216 (QB) heard by Sir David Eady on 12th December 2014 the Claimant received an additional £75,000 in damages after beating its own Part 36 offer.’

Zenith PI Blog, 5th January 2015

Source: www.zenithpi.wordpress.com

NHS trust fined £180,000 after patient suffers burns from overheated mattress – Local Government Lawyer

Posted January 7th, 2015 in fines, health & safety, hospitals, medical treatment, negligence, news, personal injuries by tracey

‘An NHS trust was fined £180,000 before Christmas after a patient suffered severe burns from a warming mattress.’

Local Government Lawyer, 6th January 2015

Source: www.localgovernmentlawyer.co.uk

Man jailed over cling film mummification ‘sex death’ – BBC News

Posted December 19th, 2014 in homicide, negligence, news, sentencing by sally

‘A man has been jailed for five years for causing the death of a man covered in cling film during a sex game.’

BBC News, 18th December 2014

Source: www.bbc.co.uk

Judge criticises National Crime Agency over collapse of fraud trial – The Guardian

Posted December 3rd, 2014 in evidence, fraud, judges, juries, money laundering, national crime agency, negligence, news, trials by sally

‘The National Crime Agency has been labelled “incompetent” by an Old Bailey judge after a series of blunders led to the collapse of a £5m trial.’

The Guardian, 2nd December 2014

Source: www.guardian.co.uk

Securities’ providers could recoup huge property market losses for investors following landmark High Court ruling – Hardwicke Chambers

Posted November 27th, 2014 in appeals, mortgages, negligence, news by sally

‘The recent High Court judgment Titan Europe 2006-3 Plc v Colliers International UK Plc [2014] EWHC 3106 (Comm) regarding commercial mortgage-backed securities (CMBS) reflects judicial dislike of legal lacunas that let professionals perform sub-standard services without the risk of paying out damages in negligence. It is a ruling of significance to the finance industry that could give some individuals who lost out when the recession revealed that their investments were worth less than they had been told a way of recovering their money. ‘

Hardwicke Chambers, 20th November 2014

Source: www.hardwicke.co.uk

Assessing loss of a chance – Hardwicke Chambers

Posted November 27th, 2014 in appeals, employment tribunals, law firms, loss of chance, negligence, news by sally

‘In Chweidan v Mischon de Reya Solicitors [2014] EWHC 2685 (QB) Mrs Justice Simler considered the principles to be applied when assessing claims for loss of a chance and provided a helpful overview of a number of the leading authorities.’

Hardwicke Chambers, 17th November 2014

Source: www.hardwicke.co.uk

Covert care camera guidance approved by Care Quality Commission – BBC News

Posted November 20th, 2014 in care homes, closed circuit television, codes of practice, elderly, negligence, news, quality assurance, video recordings by tracey

‘Guidance for people who install hidden cameras to check on standards of their own or a relative’s care has been approved by the Care Quality Commission (CQC).’

BBC News, 19th November 2014

Source: www.bbc.co.uk

Rotherham abuse scandal: IPCC to investigate conduct of 10 police officers – The Guardian

Posted November 19th, 2014 in child abuse, children, evidence, negligence, news, police, sexual offences, victims by sally

‘The Independent Police Complaints Commission (IPCC) is to investigate the conduct of 10 South Yorkshire police officers in relation to their handling of reported child sexual exploitation in Rotherham.’

The Guardian, 18th November 2014

Source: www.guardian.co.uk

Laughton v Shalaby – “Similar Fact Evidence” in Civil Cases – Admissibility of Evidence of Incompetence in Other Cases in a Clinical Negligence Claim – Zenith PI Blog

Posted November 17th, 2014 in appeals, civil justice, doctors, evidence, expert witnesses, medical treatment, negligence, news by sally

‘In Laughton v Shalaby [2014] EWCA Civ 1450, the claimant appealed a decision that the defendant surgeon had not acted negligently in the course of carrying out a hip operation.’

Zenith PI Blog, 17th November 2014

Source: www.zenithpi.wordpress.com

Of cricket balls and Velux windows – a victory for Lord Denning and the common law right to hit a good six – Sports Law Bulletin from Blackstone Chambers

Posted November 17th, 2014 in accidents, housing, negligence, news, noise, nuisance, personal injuries, planning, public interest, sport by sally

‘Flying cricket balls and noisy motorbikes have a long history of testing the legal balance between the public interest in sport and the private interest in the peaceful enjoyment of land or the avoidance of injury.’

Sports Law Bulletin from Blackstone Chambers, 13th November 2014

Source: www.sportslawbulletin.org

“Extraneous factors” not relevant in deciding whether surgeon guilty of negligence – Litigation Futures

Posted November 14th, 2014 in appeals, assault, doctors, evidence, negligence, news by tracey

‘“Extraneous factors”, including an assault on a bus driver, are not relevant in deciding whether a surgeon had acted negligently while carrying out a hip operation, appeal judges have ruled.’

Litigation Futures, 14th November 2014

Source: www.litigationfutures.com

Law firm’s medical negligence advert “likely to cause distress to pregnant viewers” – Legal Futures

Posted November 12th, 2014 in advertising, medical treatment, negligence, news, pregnancy, regulations by tracey

‘The Advertising Standards Authority (ASA) has ruled that a TV medical negligence advert for Merseyside personal injury specialists Michael W Halsall Solicitors was “likely to cause undue distress to pregnant viewers”.’

Legal Futures, 12th November 2014

Source: www.legalfutures.co.uk

McDonald v National Grid Electricity Transmission plc – WLR Daily

Posted October 28th, 2014 in appeals, asbestos, employment, law reports, negligence, regulations, Supreme Court by sally

McDonald v National Grid Electricity Transmission plc [2014] UKSC 53; [2014] WLR (D) 439

‘The Asbestos Industry Regulations 1931, made under section 79 of the Factory and Workshop Act 1901, were capable of applying where a person who, in the course of employment with a different employer, attended the defendant’s premises, and as a visitor viewed workers carrying on a process of mixing asbestos dust with water to form a paste for lagging work which exposed him to asbestos dust, even though the main business of the premises was not the processing of asbestos or the making of asbestos products.’

WLR Daily, 22nd October 2014

Source: www.iclr.co.uk

Jade Anderson inquest: Coroner calls for dog licences – BBC News

Posted October 27th, 2014 in children, coroners, dogs, homicide, inquests, licensing, negligence, news, suspended sentences by sally

‘A coroner has criticised dangerous dog laws and called for dog licences to be reintroduced after a 14-year-old girl was savaged to death.’

BBC News, 24th October 2014

Source: www.bbc.co.uk

«
1
…
40
41
42
43
44
45
46
47
48
49
50
…
69
»

Categories

Archives