Injured by the NHS? Prepare for further pain – The Guardian
“Justice ministry hopes to remove clinical negligence from legal aid and make claimants pay fees and premiums out of damages.”
The Guardian, 3rd March 2011
Source: www.guardian.co.uk
Category: negligence
CPS decision on Atherstone fire deaths: Three fire service managers face charges of manslaughter – Crown Prosecution Service
“Three Warwickshire Fire and Rescue Service managers will face charges of manslaughter by gross negligence for the deaths of four firefighters in a warehouse in Atherstone-on-Stour in 2007, the Crown Prosecution Service (CPS) has decided.”
Crown Prosecution Service, 28th February 2011
Source: www.cps.gov.uk
Compensation paid over stillbirth – The Independent
“An NHS Trust has paid out a five-figure compensation settlement to a couple whose son was stillborn following a series of ‘basic errors’ in ante-natal care.”
The Independent, 14th February 2011
Source: www.independent.co.uk
£6.4m for kidney op blunder man – The Independent
“A man who nearly died during an operation to donate a kidney to his father has won £6.74 million High Court damages.”
The Independent, 14th February 2011
Source: www.independent.co.uk
Law firm not liable to loan losses, says appeal court – Law Society’s Gazette
“A law firm that gave negligent advice to a bank before the bank lost £28m in loans advanced to two local authorities does not have to reimburse those losses, the Court of Appeal ruled last week.”
Law Society’s Gazette, 3rd February 2011
Source: www.lawgazette.co.uk
Haugesund Kommune and another v DEPFA ACS Bank (Wikborg Rein & Co, Part 20 defendants) – WLR Daily
“A firm of solicitors which erroneously advised a bank that municipalities would not be acting ultra vires if they entered into a swap arrangement with the bank was not liable for the losses resulting from the municipalities’ inability to make restitution once the void nature of the swap agreement came to light. Despite their negligence in relation to the vires of the municipalities, the solicitors had taken no responsibility for their creditworthiness or good faith or for the fact that the bank could not lawfully obtain execution against them when they defaulted on the arrangement.”
WLR Daily, 31st January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding wLR Daily summary is removed.
Scrapping Legal Aid for medical cases ‘bad for justice and health’ – Daily Telegraph
“Plans to remove Legal Aid for clinical negligence cases would damage access to justice and allow risks taken by doctors to go unchecked, according to the father of a boy who died after a medical blunder.”
Daily Telegraph, 31st January 2011
Source: www.telegraph.co.uk
Robinson v PE Jones (Contractors) Ltd – WLR Daily
Robinson v PE Jones (Contractors) Ltd [2011] EWCA Civ 9; [2011] WLR (D) 4
“The builder/vendor of a building did not by reason of his contract to construct or to complete the building assume any liability in the tort of negligence in relation to defects in the building giving rise to purely economic loss.”
WLR Daily, 19th Janaury 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Legal aid cuts ‘deprive drug claimants of day in court’ – BBC News
“Legal aid cuts will make it impossible to challenge pharmaceutical companies in the courts, the BBC has been told.”
BBC News, 18th January 2011
Source: www.bbc.co.uk
Mark Kennedy case: News of sexual liaisons may result in civil actions – The Guardian
“News of undercover policeman Mark Kennedy’s sexual relationships with environmental activists has fuelled speculation about the possibility of civil lawsuits, as experts say there may be legal grounds for action.”
The Guardian, 13th January 2011
Source: www.guardian.co.uk
Patient sues Croydon out-of-hours doctor over leg loss – BBC News
“A man who had his leg amputated is suing a former out-of-hours doctor who failed to diagnose a blood clot.”
BBC News, 10th January 2011
Source: www.bbc.co.uk
Man left brain damaged at birth awarded £5.7m payout – BBC News
“A man brain damaged at birth due to complications has been awarded a £5.7m payout from health chiefs.”
BBC News, 14th December 2010
Source: www.bbc.co.uk
£440k fines after Flintshire scrapyard death – BBC News
“Two companies and a manager have been fined a total of £440,000 after a Flintshire scrap yard worker died after suffering 90% burns in an explosion.”
BBC News, 13th December 2010
Source: www.bbc.co.uk
Maidstone hospital error leads to £4.5m pay-out – BBC News
“The husband of a woman left brain damaged by a delay in treating a tumour has said a £4.5m compensation pay-out cannot make up for what she has lost.”
BBC News, 18th November 2010
Source: www.bbc.co.uk
Portsmouth hospital kidney donor claims £14m damages – BBC News
“A man who nearly died during an operation to donate a kidney to his sick father is claiming High Court damages of more than £14m.”
Full story
BBC News, 1st November 2010
Source: www.bbc.co.uk
Bedford hospital pays £515k for baby birth scan error – BBC News
“A mother who had a disabled baby after antenatal scans at Bedford hospital failed to pick up that he had spina bifida has won a £515,000 pay-out.”
BBC News, 28th October 2010
Source: www.bbc.co.uk
Aktas v Adepta; Dixie v British Polythene Industries plc – WLR Daily
Aktas v Adepta; Dixie v British Polythene Industries plc [2010] EWCA Civ 1170 ; [2010] WLR(D) 269
“Negligent failure to serve a claim form in time for the purposes of CPR rr 7.5/7.6 was not in itself an abuse of process. Nevertheless, failure to serve on time had always been dealt with strictly. This was because in England, unlike most civil law jurisdictions, proceedings were commenced when issued and not when served. But it was not until service that the defendant was given proper notice of the proceedings. The additional time between issue and service was thus, in a way, an extension of the limitation period. A claimant could issue proceedings on the last day of the limitation period and still enjoy a further four-month period before service. The strictness with which the time for service was supervised thus had valid public interest underpinnings which were quite separate from the doctrine of abuse of process.”
WLR Daily, 26th October 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Cheshire carer jailed for abusing dementia patients – BBC News
“A woman who abused elderly people with dementia at the care home where she worked has been jailed for 18 months.”
BBC News, 9th September 2010
Source: www.bbc.co.uk
Civil servant sues for £300,000 after falling off chair – Daily Telegraph
“A civil servant is suing his government department for £300,000 after he fell off a chair.”
Daily Telegraph, 31st August 2010
Source: www.telegraph.co.uk
Ian Huntley sues prison service for £100,000 after razor attack – The Guardian
“Ian Huntley, the Soham murderer, is suing the prison service after he allegedly had his throat slashed with a razor blade by another inmate, it emerged last night.”
The Guardian, 31st July 2010
Source: www.guardian.co.uk
