Category: negligence

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

Posted February 23rd, 2015 in appeals, child abuse, children, duty of care, fostering, limitations, local government, negligence, news, personal injuries by sally

‘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.’

Full story

Law Society’s Gazette, 23rd February 2015

Source: www.lawgazette.co.uk

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

Posted February 19th, 2015 in appeals, law reports, negligence, personal injuries, road traffic, Scotland, Supreme Court by sally

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.’

Full story

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.’

Full story

BBC News, 17th February 2015

Source: www.bbc.co.uk

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

Posted February 17th, 2015 in appeals, children, compensation, domestic violence, human rights, immunity, murder, negligence, news, parliament, police by sally

‘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.’

Full story

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.’

Full story

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.’

Full story

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.’

Full story

BBC News, 4th February 2015

Source: www.bbc.co.uk

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

Posted January 30th, 2015 in compensation, complaints, criminal injuries compensation, health & safety, inquests, negligence, news, unlawful killing by sally

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

Full story

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.’

Full story

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.’

Full story

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 sally

‘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.’

Full story

Daily Telegraph, 27th January 2015

Source: www.telegraph.co.uk

A Capacitous Patient’s Consent to Medical Treatment is Still Fundamental, Even Where the Treatment Takes Place in Accident and Emergency – Zenith PI Blog

Posted January 27th, 2015 in appeals, consent, duty of care, hospitals, medical treatment, negligence, news by sally

‘In the case of Anita Border v Lewisham and Greenwich NHS Trust [2015] EWCA Civ 8, recently heard by the Court of Appeal, a Senior House Officer in the Accident and Emergency Department commenced a treatment in the face of explicit protestation by the Claimant, and without discussing with her what her alternatives were.’

Full story

Zenith PI Blog, 26th January 2015

Source: www.zenithpi.wordpress.com

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 sally

‘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.’

Full story

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.’

Listen

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 sally

‘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.’

Full story

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.’

Listen

BBC Unreliable Evidence, 7th January 2015

Source: www.bbc.co.uk