‘A mental health blogger who took her own life by swallowing a poisonous substance was failed by the psychiatric hospital caring for her, a jury has found.’
BBC News, 19th January 2023
Source: www.bbc.co.uk
‘A former Royal Marine is seeking more than £1m in damages from the government over “noise-induced hearing loss”.’
BBC News, 19th January 2023
Source: www.bbc.co.uk
‘The High Court has rejected a defendant’s plea for a costs management order regarding a child’s clinical negligence case which could still have years to run. Master Cook stated that the policy of children’s cases being exempt from costs management should be adhered to, even if the defendant was unhappy with the costs incurred so far.’
Law Society's Gazette, 13th January 2023
Source: www.lawgazette.co.uk
‘In this brief note Justin Valentine, Counsel for the claimant, discusses an unusual case where serious sciatic nerve injury was sustained by the claimant shortly after her birth in the mid-1960s, but where she only became aware of the negligence in her 50s over 30 years after the end of the primary limitation period. Limitation was initially raised as an issue but was dropped at CCMC stage. The case settled subsequent to a JSM for approximately £1.6 million.’
St John's Chambers, 3rd January 2023
Source: www.stjohnschambers.co.uk
‘Professional experience and the reported cases (considered below) suggest issues of breach, causation and contributory negligence are invariably intertwined. The advisor’s role is to carefully unpick the strands. Whilst there is a factual and legal overlap, the issues need to be considered separately on their individual merits.’
Exchange Chambers, 22nd December 2022
Source: www.exchangechambers.co.uk
‘Two recent decisions on the application of qualified one-way-costs-shifting (“QOCS”), of the High Court in Chappell v Mrozek [2022] EWHC 3147 (KB), and of the Court of Appeal in Harrison v University Hospitals of Derby & Burton NHS Foundation Trust [2022] EWCA Civ 1660, reinforce the difficulty that personal injury and clinical negligence defendants will face in obtaining enforceable costs orders other than where the claimant obtains an order for damages at trial1. Defendants will generally be unable to enforce costs orders where the claim is settled via Part 36, even if an order of the court is required to enforce the settlement, to permit the claimant to accept the offer, or to direct that the amount payable to the claimant is reduced by the amount of any deductible benefits.’
Hailsham Chambers, 3rd January 2023
Source: www.hailshamchambers.com
‘In this post Rebecca Khan, a Legal Support Assistant at Matrix Chambers, comments on the case of Khan v Meadows [2021] UKSC 21 – handed down on the 18th of June 2021. This appeal raised important questions about the application of the scope of duty principle in clinical negligence cases. The judgment is handed down together with the court’s judgment in Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20.’
UKSC Blog, 4th January 2023
Source: ukscblog.com
‘A powerful new lobby has joined the fight to stop the government capping costs for clinical negligence claims worth less than £25,000. Some 28 families involved in the Shrewsbury and Telford maternity scandal have signed an open letter to health secretary Steve Barclay opposing the proposals.’
Law Society's Gazette, 19th December 2022
Source: www.lawgazette.co.uk
‘A Metropolitan Police officer has been cleared over the deaths of a 10-year-old boy and his aunt following a police chase.’
Daily Telegraph, 7th December 2022
Source: www.telegraph.co.uk
‘The parents of a 25-year-old man left to die in a cell by a negligent prison nurse given responsibility for 800 inmates have told how the conditions in which their son died will haunt them for ever.’
The Guardian, 6th December 2022
Source: www.theguardian.com
‘A mother-of-two had “extensive amputation surgery” after a hospital trust failed to recognise and treat her sepsis sooner, an investigation found.’
BBC News, 21st November 2022
Source: www.bbc.co.uk
‘Does a local planning authority owe a duty of care to an applicant for planning permission? Simon Ricketts analyses a recent High Court ruling.’
Local Government Lawyer, 11th November 2022
Source: www.localgovernmentlawyer.co.uk
‘Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) concerned a novel argument against disclosure. The Defendant solicitors had formerly been instructed by the Claimant in personal injury litigation. In later professional negligence proceedings against the Defendant, the Claimant sought disclosure of his client file from the personal injury claim. It was common ground that file was disclosable under CPR PD51U, being highly relevant to the Claimant’s professional negligence claim and Defendant’s counterclaim for unpaid fees. Nevertheless, the Defendant declined disclosure on the basis it was exercising its common law lien for unpaid fees. Accordingly, the issue was not whether the file’s specific disclosure should be ordered, but whether a solicitor’s common law rights to a lien in respect of costs can restrict CPR disclosure obligations. Read our case comment to find out what justified disclosure, without the usual “Robins” undertakings.’
Gatehouse Chambers, 11th October 2022
Source: gatehouselaw.co.uk
‘The deaths of Black and mixed-race people in UK prisons are among the most violent and prevalent, a charity has warned.’
The Independent, 13th October 2022
Source: www.independent.co.uk
‘A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.’
Local Government Lawyer, 7th October 2022
Source: www.localgovernmentlawyer.co.uk
‘A group of parents whose children killed themselves at university are campaigning for a change in law to make the institutions more accountable. They want universities to have a legal duty of care towards their students, like schools already do.’
BBC News, 7th October 2022
Source: www.bbc.co.uk
‘Claimants in two unconnected cases recently won their appeals over the striking out of their claims in negligence brought against the local authorities arising out of the exercise of their statutory functions under the Children Act 1989. Sarah Erwin-Jones and Louse Fisher consider the implications of this decision.’
Local Government Lawyer, 16th September 2022
Source: www.localgovernmentlawyer.co.uk
‘When a claimant sues a company, they often also bring a claim against senior management to ensure that there is a solvent defendant against which any judgment can be enforced.’
OUT-LAW.com, 12th September 2022
Source: www.pinsentmasons.com
‘The Court of Appeal has ruled that negligence claims against local authorities over their duty of care to abused children must be heard in court.’
Law Society's Gazette, 1st September 2022
Source: www.lawgazette.co.uk
‘The Metropolitan police have been accused of “insensitivity” over their announcement that they have settled compensation claims with relatives of some of the victims murdered by the serial killer Stephen Port.’
The Guardian, 30th August 2022
Source: www.theguardian.com
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