negligence – Page 52 – Current Awareness

Taylor and another v A Novo (UK) Ltd – WLR Daily

Posted March 26th, 2013 in appeals, law reports, negligence, post-traumatic stress disorder by sally

Taylor and another v A Novo (UK) Ltd [2013] EWCA Civ 194; [2013] WLR (D) 119

“A person who suffered psychiatric illness (post-traumatic stress disorder), after witnessing the sudden collapse and death of her mother who had been injured at work by the admitted negligence of the defendant employer some three weeks earlier, did not have a right of action as a secondary victim for damages against the defendant, since there was an insufficient relationship of proximity between the person suffering the psychiatric illness and the defendant.”

WLR Daily, 18th March 2013

Source: www.iclr.co.uk

Legal action over Furness General Hospital deaths – BBC News

Posted March 15th, 2013 in class actions, complaints, duty of care, hospitals, inquiries, medical treatment, negligence, news by tracey

“More than 30 families have taken legal action against a hospital in north-west
England for a catalogue of baby and maternal deaths and injuries.”

BBC News, 15th March 2013

Source: www.bbc.co.uk

“Frantic” firms creating hump of CFA cases that will take years to clear, says QC – Litigation Futures

Posted March 8th, 2013 in fees, law firms, negligence, news, speeches by tracey

“The 1 April Jackson reforms start date is creating a ‘hump’ of conditional fee agreement (CFA) cases that will take years to clear the courts, a leading clinical negligence barrister has predicted.”

Litigation Futures, 7th March 2013

Source: www.litigationfutures.com

Mother fights to reopen case of brain-damaged baby – The Guardian

Posted March 6th, 2013 in disabled persons, hospitals, medical treatment, negligence, news, nurses, regulations by sally

“NHS blunders left her newborn baby seriously brain damaged, and two and a half years later Andrea Duggan is still angry that no member of staff has been brought to book.”

The Guardian, 6th March 2013

Source: www.guardian.co.uk

Report into surgeon Rob Jones reveals a ‘catalogue of failures’ – BBC News

Posted March 1st, 2013 in doctors, hospitals, negligence, news, reports by tracey

“A surgeon was allowed to continue practising despite concerns over his ability,
a report has found.”

BBC News, 28th February 2013

Source: www.bbc.co.uk

Police consider bringing criminal charges against Stafford hospital staff – The Guardian

Posted February 18th, 2013 in doctors, duty of care, hospitals, negligence, news, police, reports, unlawful killing by sally

“Police and prosecutors are studying a damning report into ‘appalling’ failures of care at an NHS hospital where hundreds of patients needlessly died, to examine whether any criminal charges need to be brought against those involved.”

The Guardian, 15th February 2013

Source: www.guardian.co.uk

‘Not up to standard’: 25% of care agencies providing services to people in their homes are failing – The Independent

Posted February 13th, 2013 in care workers, elderly, local government, negligence, news, public private partnerships, quality assurance by sally

“A quarter of agencies that provide care to people in their own homes do not meet all five national standards of quality and safety, regulators said.”

The Independent, 13th February 2013

Source: www.independent.co.uk

Probe into ‘high death rate’ hospitals extended – BBC News

Posted February 12th, 2013 in hospitals, human rights, inquiries, medical treatment, negligence, news by tracey

“Another nine hospital trusts are to be investigated for high death rates in the
wake of the damning report on the NHS over its handling of the Stafford Hospital
scandal.”

BBC News, 11th February 2013

Source: www.bbc.co.uk

Nurse spared jail for killing baby in botched circumcision – BBC News

Posted February 11th, 2013 in causing death of children or vulnerable adults, homicide, negligence, news, nurses, sentencing, suspended sentences by sally

“A nurse who caused the death of a baby in a botched home circumcision has been spared jail.”

BBC News, 8th February 2013

Source: www.bbc.co.uk

Surveying the Landscape: Recent Negligent Valuation Claims – Littleton Chambers

Posted February 8th, 2013 in mortgages, negligence, news, valuation by sally

In the backwash of this recession the Courts are revisiting territory familiar from previous recessions – claims against valuers and mortgagees exercising powers of sale.

Littleton Chambers, 4th February 2013

Source: www.littletonchambers.com

Romford and Eastbourne hospitals dragged in to NHS care scandal – Daily Telegraph

Posted February 7th, 2013 in hospitals, human rights, negligence, news by sally

“Two more hospitals were dragged into the NHS care scandal today as it emerged that 18 families were taking legal action on the grounds that their loved ones had suffered neglect and negligence.”

Daily Telegraph, 7th February 2013

Source: www.telegraph.co.uk

Robert Francis QC: hundreds were subjected to ‘appalling and unnecessary suffering’ – video – The Guardian

Posted February 6th, 2013 in codes of practice, hospitals, inquiries, medical treatment, negligence, news, whistleblowers by sally

“Robert Francis QC speaks to the media following the release of his report into the Mid Staffordshire NHS trust scandal, in which between 400 to 1,200 people died as a result of inadequate care. Francis makes 290 recommendations in the report. He says that many were failed by a system that put ‘corporate self-interest’ ahead of patients and their safety.”

The Guardian, 6th February 2013

Source: www.guardian.co.uk

May Lewis Cardiff lift death: Unlawful killing verdict – BBC News

Posted February 4th, 2013 in disabled persons, health & safety, negligence, news, residential care, unlawful killing by tracey

“An inquest jury has returned a verdict of unlawful killing on a 96-year-old woman in a wheelchair who died in a lift shaft fall.”

BBC News, 1st February 2013

Source: www.bbc.co.uk

Corporate manslaughter cases up by 40% in 2012 – OUT-LAW.com

Posted January 30th, 2013 in corporate manslaughter, negligence, news, prosecutions, statistics by sally

“The Crown Prosecution Service (CPS) began investigating 40% more corporate manslaughter cases in 2012 than it did the previous year according to figures obtained by Pinsent Masons, the law firm behind Out-Law.com.”

OUT-LAW.com, 30th January 2013

Source: www.out-law.com

Deferred Prosecution Agreements – Sir Anthony Hooper, Former Lord Justice of Appeal – Fulcrum Chambers

Posted January 29th, 2013 in bribery, company law, deferred prosecution agreements, negligence, news, penalties by sally

“Since the early 90s US prosecuting authorities have been using deferred prosecution agreements. They are said to raise about $2.5bn a year in penalties, often in respect of criminal activities with little connection to the US. A deferred prosecution agreements involves the filing in court of agreed charges against a corporation, subject to a condition that the charges will not be pursued if the corporation complies with the often stringent terms of the agreement for a specified period. Such terms will include the payment of substantial sums to reflect broadly the fine that would have been paid had the corporation pleaded guilty and to reflect the confiscation and compensation regimes. Corporations are likely also to have to agree to the appointment of a monitor to ensure their adherence to proper standards of behaviour.”

Fulcrum Chambers, January 2013

Source: www.fulcrumchambers.com

Milton Keynes Borough Council v Nulty, decd and others – WLR Daily

Posted January 28th, 2013 in appeals, burden of proof, causation, fire, insurance, law reports, negligence by sally

Milton Keynes Borough Council v Nulty, decd and others [2013] EWCA Civ 15; [2013] WLR (D) 25

“There was no rule of law that if the only other possible causes of an event were very much less likely than one suggested means of causation, that became the probable cause; the court had to be satisfied on rational and objective grounds that the case for believing that the suggested means of causation occurred was stronger than the case for not so believing.”

WLR Daily, 24th January 2013

Source: www.iclr.co.uk

Thames Water Utilities Ltd v Transport for London – WLR Daily

Posted January 23rd, 2013 in causation, law reports, negligence, nuisance, statutory duty, utilities by sally

Thames Water Utilities Ltd v Transport for London [2013] WLR (D) 15

“On the plain construction of regulation 19 of the Traffic Management Permit Scheme (England) Regulations 2007 a statutory undertaker could not avoid a criminal sanction where a person contracted to act on its behalf to undertake specified works in a specified street did so without a permit.”

WLR Daily, 17th January 2013

Source: www.iclr.co.uk

Judge rejects claim couple were ‘ruined’ by Barclays – Daily Telegraph

Posted January 16th, 2013 in banking, contracts, defamation, negligence, news by sally

“A millionaire property developer and his wife who claimed they were brought to complete ruination by a simple banking error have lost their High Court claim for more than £3 million in damages.”

Daily Telegraph, 15th January 2013

Source: www.telegraph.co.uk

Boy left brain damaged at birth wins £7.1m compensation – The Guardian

Posted January 10th, 2013 in birth, compensation, hospitals, medical treatment, negligence, news, personal injuries by sally

“A teenage boy who was left brain-damaged at birth has been awarded £7.1m damages after a 14-year legal battle by his mother against the hospital responsible.”

The Guardian, 9th January 2013

Source: www.guardian.co.uk

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