Anneliese Day QC and Michael Ryan successfully defend TCC claim against Engineers for professional negligence – 4 New Square Chambers

Posted July 31st, 2013 in costs, expert witnesses, negligence, news, surveyors by sally

“On 24 June 2013, Mr Justice Akenhead handed down judgment in Igloo Regeneration v Powell Williams Partnership [2013] EWHC 1718 (TCC). Anneliese Day QC and Michael Ryan acted for the successful defendant.”

Full story (PDF)

4 New Square Chambers, 17th July 2013

Source: www.4newsquare.com

Regina v Turbill; Regina v Broadway – WLR Daily

Posted July 16th, 2013 in appeals, care homes, jury directions, law reports, negligence, wilful neglect by sally

Regina v Turbill; Regina v Broadway [2013] WLR (D) 279

“Where a defendant who had the care of someone who lacked capacity was charged with an offence of wilful neglect it was necessary for the prosecution to prove that the negligence was wilful in that either the defendant was aware of the consequences of the negligence or could not care less as to the consequences.”

WLR Daily, 12th July 2013

Source: www.iclr.co.uk

No witness immunity for the Forensic Science Service – UK Human Rights Blog

Posted July 16th, 2013 in appeals, deceit, human rights, immunity, negligence, news, witnesses by sally

“There was evidence in this case that employees of the Forensic Science Service had altered the exhibit numbers on the evidence in question, possibly to cover up their mistake.”

Full story

UK Human Rights Blog, 15th July 2013

Source: www.ukhumanrightsblog.com

Criminal solicitors “losing moral compass” – and not just because of falling legal aid pay – Legal Futures

“Defence lawyers bear partial responsibility for miscarriages of justice, and better ethics training and spending time with ordinary people are as likely to reverse ‘moral decline’ as boosting pay, according to new research.”

Full story

Legal Futures, 10th July 2013

Source: www.legalfutures.co.uk

Parents jailed over toddler’s heroin death – The Guardian

Posted July 4th, 2013 in children, drug abuse, homicide, negligence, news, sentencing by sally

“A father has been jailed for killing his young son by negligently allowing him to eat heroin in the family home.”

Full story

The Guardian, 3rd July 2013

Source: www.guardian.co.uk

Contributory negligence claims and the use of child passenger restraints by Stuart Young – Sovereign Chambers

“Parents who fail to secure their children in appropriate child passenger seats can be found to be contributory negligent for any injuries that may be suffered by the child as a result of a road traffic accident, as confirmed by the recent Court of Appeal case Williams v Estate of Dayne Joshua Williams 2013.”

Full story

Sovereign Chambers, 1st July 2013

Source: www.sovereignchambers.co.uk

Elvanite Full Circle Limited v AMEC Earth & Environmental (UK) Limited [2013] EWHC 1191 (TCC) – 4 New Square

Posted July 3rd, 2013 in contracts, damages, interpretation, limitations, negligence, news, planning by sally

“The judgment develops the growing body of case law surrounding planning consultants and both the substantive and costs judgments will be of interest to construction and costs practitioners alike. The case also raises interesting issues concerning exclusion clauses (including UCTA), limitation of liability, estoppel, waiver, extensions of time and the correct measure of loss.”

Full story (PDF)

4 New Square, 1st July 2013

Source: www.4newsquare.com

Father and Son Haulage Firm Owners Sentenced for Manslaughter of driver – Crown Prosecution Service

“A father and son have today (Friday 28 June) been sentenced to a total of 11 years in prison at St. Albans Crown Court after being found guilty of the manslaughter – on the basis of gross negligence – of Stephen Kenyon, a driver employed at their haulage firm.”

Full press release

Crown Prosecution Service, 28th June 2013

Source: www.cps.gov.uk

Snakes & ladders – New Law Journal

“The press would have us believe that criminals can do what they like and then merrily sue all and sundry for the unfortunate consequences of those actions. Sadly for tabloid journalists this is simply not true as the Court of Appeal recently remind us in Joyce v O’Brien [2012] EWHC 1324 (QB), [2012] All ER (D) 202 (May). The case is a useful reminder of the rule often shortened to “ex turpi”, namely that the court will not allow a party to profit from a loss arising from that party’s own criminal or immoral activity.”

Full story

New Law Journal, 27th June 2013

Source: www.newlawjournal.co.uk

British army chief warns over negligence lawsuits – The Guardian

Posted June 28th, 2013 in armed forces, families, human rights, negligence, news, speeches by tracey

“Litigation threat over ill-equipped troops will not affect decisions made in heat of battle, says General Sir Peter Wall.”

Full story

The Guardian, 27th June 2013

Source: www.guardian.co.uk

Stonemason fined over Towcester boy’s fireplace death – BBC News

Posted June 27th, 2013 in accidents, fines, health & safety, negligence, news by sally

“A stonemason who fitted a fireplace at a house in Northamptonshire that toppled over and killed a four-year-old boy has been fined £7,500.”

Full story

BBC News, 26th June 2013

Source: www.bbc.co.uk

Clack: SAAMCO in practice – Hardwicke Chambers

Posted June 26th, 2013 in financial advice, negligence, news, professional conduct, solicitors by sally

“In Nigel Clack v Wrigleys Solicitors LLP [2013] EWHC 413 (Ch), Mr Nicholas Strauss QC (sitting as a Deputy Judge of the High Court) found for the Claimant client against his former Solicitors.”

Full story

Hardwicke Chambers, 24th June 2013

Source: www.hardwicke.co.uk

Berney v Saul: No road to Damascus moment – Hardwicke Chambers

Posted June 26th, 2013 in appeals, limitations, negligence, news, solicitors by sally

“A claimant’s chose in action represented by his claims in litigation is something which has a value, provided it is not certain or nearly certain to fail. Clients pay lawyers to take care of that chose in action by putting the claim forward in the proper way and by managing its progress in accordance with the rules and orders of the Court.”

Full story

Hardwicke Chambers, 25th June 2013

Source: www.hardwicke.co.uk

Solicitor “not in breach of duties” by failing to facilitate binding mediation agreement – OUT-LAW.com

Posted June 24th, 2013 in appeals, dispute resolution, negligence, news, solicitors by sally

“A solicitor cannot be held responsible if parties to mediation do not immediately reach a final binding agreement, the Court of Appeal has confirmed.”

Full story

OUT-LAW.com, 24th June 2013

Source: www.out-law.com

Emptage v Financial Services Compensation Scheme Ltd – WLR Daily

Emptage v Financial Services Compensation Scheme Ltd: [2013] EWCA Civ 729; [2013] WLR (D) 242

“Where a broker had negligently advised a client to take out an interest-only mortgage and make an investment in foreign property in the expectation that the investment would pay off the entirety of the mortgage, the Financial Services Compensation Scheme Ltd was required to take into account both elements of the advice when assessing the client’s compensation for the broker’s breach of duty as a mortgage adviser under the scheme’s rules.”

WLR Daily, 18th June 2013

Source: www.iclr.co.uk

“Snatch Rover” case – inviting judges into the theatre of war? – UK Human Rights Blog

Posted June 21st, 2013 in armed forces, human rights, jurisdiction, negligence, news, Supreme Court, treaties, war by tracey

“Smith and Others (Appellants) v The Ministry of Defence (Respondent) and other appeals. So, the Supreme Court has refused to allow these claims to be struck out on the principle of combat immunity. It has also asserted that jurisdiction for the purpose of an Article 2 right to life claim can extend to non-Convention countries, and that the state can owe a positive duty to protect life, even in a situation of armed combat.”

Full story

UK Human Rights Blog, 20th June 2013

Source: www.ukhumanrightsblog.com

Smith and Others (Appellants) v The Ministry of Defence (Respondent); Ellis and another (FC) (Respondents) v Ministry of Defence (Appellant); Allbutt and others (FC) (Respondents) v The Ministry of Defence (Appellant) – Supreme Court

Smith and Others (Appellants) v The Ministry of Defence (Respondent); Ellis and another (FC) (Respondents) v Ministry of Defence (Appellant); Allbutt and others (FC) (Respondents) v The Ministry of Defence (Appellant) [2013] UKSC 41 (YouTube)

Supreme Court, 19th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Smith and others v Ministry of Defence (JUSTICE and another intervening); Ellis and another v Same; Allbutt and others v Same – WLR Daily

Smith and others v Ministry of Defence (JUSTICE and another intervening); Ellis and another v Same; Allbutt and others v Same [2013] UKSC 41; [2013] WLR (D) 239

“Members of the United Kingdom’s armed forces serving in Iraq were within the jurisdiction of the United Kingdom for the purposes of article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Whether claims alleging breaches of the right to life protected by article 2 could be sustained would depend on the particular circumstances.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

Supreme court MoD ruling ‘will have huge impact on military operations’ – The Guardian

“The supreme court ruling that the Ministry of Defence can be sued for negligence, that the scope of the Human Rights Act should be extended and the traditional doctrine of combat immunity should be interpreted narrowly, will have a huge impact on military commanders, senior officials made clear on Wednesday.”

Full story

The Guardian, 19th June 2013

Source: www.guardian.co.uk

Iraq damages cases: Supreme Court rules families can sue – BBC News

Posted June 19th, 2013 in appeals, armed forces, compensation, duty of care, human rights, Iraq, negligence, news by sally

“The families of soldiers killed in Iraq can pursue damages against the government under the Human Rights Act, the Supreme Court has ruled.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk