Gap in the UK’s law on cycling? – BBC News
“A driver opens his car door. There’s a collision with a cyclist. Is this a criminal act?”
BBC News, 15th December 2012
Source: www.bbc.co.uk
Category: negligence
Nurse guilty of manslaughter of baby who bled to death after botched home circumcision – Daily Telegraph
“A nurse has been found guilty of the manslaughter of a four-week-old baby who bled to death after a botched home circumcision.”
The Independent, 14th December 2012
Source: www.independent.co.uk
The duty of care of Public Authorities: Too Much, Too Little or About Right? – Speech by Master of the Rolls
The duty of care of Public Authorities: Too Much, Too Little or About Right? (PDF)
Speech by Master of the Rolls
PIBA Richard Davies Lecture, 27th November 2012
Source: www.judiciary.gov.uk
Addenbrooke’s Hospital payout as equipment left in patient – BBC News
“A hospital has apologised and paid £7,000 in compensation to a man who had surgical equipment left inside him following an operation.”
BBC News, 5th December 2012
Source: www.bbc.co.uk
Drawing the Fault Line: Multiple Tortfeasors and Intervening Acts – Cloisters
“It is not uncommon for a potential personal injury or clinical negligence claimant to have been subjected to a series of events that may all be linked to causation of his injury – we’ve all met the unfortunate client for whom nothing seems to go right. Sometimes the events will be the acts of third parties, which
may or may not be tortious; at other times, the individual’s own actions may have played a part in the causation of his injuries. The third party acts may involve personal injury, or clinical negligence, or even assault. In such circumstances, there may be multiple potential defendants to any legal claim
and serious thought needs to be given to the question of whom to claim against, to avoid potential adverse costs consequences from bringing proceedings against the wrong, or too many, defendant(s) or – worse – failing to sue the tortfeasor ultimately found to be primarily or even solely responsible for the claimant’s losses.”
Full story (PDF)
Cloisters, November 2012
Source: www.cloisters.com
Regina v Nursing – WLR Daily
Regina v Nursing [2012] EWCA Crim 2521; [2012] WLR (D) 360
“The offence of wilfully neglecting a person who lacked capacity, contrary to section 44(2) of the Mental Capacity Act 2005, was not legally uncertain. Neglect was not wilful if a defendant’s acts or omissions were or might have been motivated by the wish or sense of obligation to respect the autonomy of the person concerned.”
WLR Daily, 30th November 2012
Source: www.iclr.co.uk
Former spy Mark Kennedy sues police for ‘failing to stop him falling in love’ – The Guardian
“A former spy is suing the Metropolitan police for failing to ‘protect’ him from falling in love with one of the environmental activists whose movement he infiltrated.”
The Guardian, 25th November 2012
Source: www.guardian.co.uk
Railway guard Christopher McGee jailed for manslaughter after ‘seconds of negligence’ caused death of drunk teenage girl who fell underneath train – The Independent
“A railway guard has been sentenced to five years in prison for the manslaughter of a drunk teenager, after he signalled for a train to move as she was leaning against the carriage.”
The Independent, 15th November 2012
Source: www.independent.co.uk
Iraq soldier families can bring negligence but not human rights claims – UK Human Rights Blog
“Smith & Ors v The Ministry of Defence [2012] EWCA Civ 1365
Last month, the Court of Appeal decided that the negligence claims of the families of five British soldiers killed on duty in Iraq could go ahead. It would be for the High Court to decide on the facts whether decisions made about troops’ equipment and training fell within the long-standing doctrine of ‘combat immunity’. The appellants were however unsuccessful in arguing that the Human Rights Act 1998 (HRA) applied.“
UK Human Rights Blog, 9th November 2012
Source: www.ukhumanrightsblog.com
Injured workers face tougher battle for compensation under government plans – The Guardian
“Personal injury lawyer says bill making workers prove company negligence favours insurance industry at expense of taxpayer.”
The Guardian, 8th November 2012
Source: www.guardian.co.uk
Miners’ Knee Litigation: Judgment in the Court of Appeal – 4 New Square
“On 25 October 2012, the Court of Appeal handed down judgment in the Miners’ Knee Group Litigation. This is the latest determination of the appellate courts on issues of limitation arising in group actions and follows the recent decision of the Supreme Court in the Atomic Veterans Litigation earlier this year.”
Full story (PDF)
4 New Square, 1st November 2012
Source: www.4newsquare.com
Workers’ rights on health and safety to be scaled down – The Independent
“Injured workers will be forced to prove that their employer was directly to blame for their accident before they are eligible for compensation under tough new legislation which critics allege will scale back workers’ rights to those of ‘Victorian times’.”
The Independent, 3rd November 2012
Source: www.independent.co.uk
Junior staff are ‘missing complications’ during birth leading to billions of pounds worth of claims – Daily Telegraph
“Senior staff and consultants must be available on the labour wards 24 hours a day in order to supervise junior doctors and midwives and reduce mistakes, said the report from the NHS Litigation Authority.”
Daily Telegraph, 26th October 2012
Source: www.telegraph.co.uk
Doctors failing to examine women as one in ten medical negligence claims involve breast cancer – Daily Telegraph
“One in ten medical negligence claims involving cancer are from women with breast cancer as doctors are failing to examine women and not following up on abnormal test results, it has been warned.
Breast cancer is the most common form of cancer-related medical negligence claim against GPs, Medical Protection Society (MPS) has found.”
Daily Telegraph, 25th October 2012
Soruce: www.telegraph.co.uk
Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same
“Claims arising from the deaths of soldiers on active service abroad alleging breach of the right to life in article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms fell outside the United Kingdom’s jurisdiction under the Convention. However claims in negligence for failing to provide safe equipment and technology to serving soldiers who suffered death or injury were justiciable.”
WLR Daily, 19th October 2012
Source: www.iclr.co.uk
MoD Iraq ‘negligence’ claim ruling due – BBC News
“The families of four UK soldiers killed in Iraq are to find out later whether they can sue the Ministry of Defence.”
BBC News, 19th October 2012
Source: www.bbc.co.uk
Beauty and the beast – An overview of claims arising out of cosmetic and beauty treatments – Hardwicke Chambers
“Beauty and cosmetic treatments are becoming ever more accessible and affordable to the public, and the frequency of claims arising out of negligent beauty and cosmetic treatments is on the increase. Injuries sustained when things go wrong can be painful, distressing and uncomfortably intimate, and can have a severe psychological effect on a claimant in addition to the painful physical injury.”
Hardwicke Chambers, 10th October 2012
Source: www.hardwicke.co.uk
Woman ruined by Spanish property price collapse wins landmark compensation ruling – Daily Telegraph
“A woman who lost everything after investing in the Spanish property market has won a landmark legal ruling that could now benefit many others given bad financial advice.”
Daily Telegraph, 11th October 2012
Source: www.telegraph.co.uk
Abuse in care homes: corporate liability – Halsbury’s Law Exchange
“It has been reported that three healthcare assistants have been charged with wilful neglect and ill treatment of patients following an investigation into the alleged abuse of elderly patients at Whipps Cross Hospital in north London.”
Halsbury’s Law Exchange, 10th October 2012
Source: www.halsburyslawexchange.co.uk
Why is the Law of Fire like a student fridge? – UK Human Rights Blog
“The best part of a thousand years of law has been distilled into this scholarly resolution by the CA of an age old problem. Who pays for the consequences of an accidentally caused fire – the landowner where the fire started or the neighbour who suffered the loss?”
UK Human Rights Blog, 6th October 2012
Source: www.ukhumanrightsblog.com
