The Applicable Standard of Care in Cases Involving Medical Negligence Abroad – Ropewalk Clinical Negligence Blog

‘There is a paucity of reported decisions addressing the question of what the applicable standard of care is in cases involving negligent medical treatment carried out outside of the UK. There is considerable authority on the applicable standard of care in cases involving accidents occurring during package holidays to foreign destinations. It is a firmly established principle that the court must consider in the first instance, the local prevailing standards (in the place where the accident occurred) in determining whether there has been a breach of duty. Whilst compliance with local standards is not necessarily determinative (such as in cases where for no justifiable reason, those standards fall so far below internationally accepted or English standards that the court must look to other evidence to determine the appropriate standard); prevailing local standards is a very important signpost (for further discussion see the author’s review of the judgment in TUI v Morgan [2021] PIQR P12. Is the same approach taken by the court in cases involving negligent medical treatment performed abroad? This was an issue that was considered by Foster J in the case of Clarke v Kalecinski [2022] EWHC 488 (QB).

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Ropewalk Clinical Negligence Blog, 18th August 2022

Source: www.ropewalk.co.uk

Infected Blood victims to receive £100,000 interim compensation payment – gov.uk

Posted August 19th, 2022 in blood products, compensation, government departments, HIV, news, personal injuries by tracey

‘Thousands of victims of the infected blood scandal will each receive an interim compensation payment of £100,000.’

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gov.uk, 17th August 2022

Source: www.gov.uk

A Claimant’s Right To Apply for Further Damages Under a PDO Passes, on Death, to Their Estate and May Be Advanced by the Executor – Ropewalk Chambers

‘On Friday 22 July 2022, Johnson J handed down judgment in Power v Bernard Hastie & Company Ltd & others [2022] EWHC 1927 (QB) in respect of an application for an order for substitution made by the executor of the deceased’s estate. The judgment provides High Court authority for the proposition that a claimant’s right to seek further damages under a PDO passes, on their death, to their estate, a finding previously made by HHJ Roberts in his judgment in Guilfoyle v North Middlesex University Hospitals NHS Trust (County Court at Central London, 4 April 2018).’

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Ropewalk Chambers, 1st August 2022

Source: www.ropewalk.co.uk

OIC mixed claims: 14 months on and still no nearer the Court of Appeal – Legal Futures

Posted August 4th, 2022 in appeals, electronic filing, news, personal injuries, statistics by tracey

‘Little progress has been made in the plan to take test cases of so-called mixed claims from the Official Injury Claim (OIC) portal to the Court of Appeal, it admitted yesterday.’

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Legal Futures, 4th August 2022

Source: www.legalfutures.co.uk

High Court ruling a warning to lawyers who ‘shoehorn’ claimants into class actions – OUT-LAW.com

‘Lawyers must take note of a court’s refusal to allow multiple claimants with widely differing claims to use a single claim form, a legal expert has warned.’

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OUT-LAW.com, 27th July 2022

Source: www.pinsentmasons.com

E-scooters: legalise but regulate, says consumer body – Law Society’s Gazette

‘Victims of accidents involving illegally ridden e-scooters face an unnecessarily arduous battle for compensation, according to a report calling for legalisation and regulation for the battery-powered vehicles.’

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Law Society's Gazette, 25th July 2022

Source: www.lawgazette.co.uk

Case against rugby union governing bodies on dementia destined for courts – The Guardian

‘A legal case involving a group of rugby players diagnosed with early-onset dementia and other irreversible neurological impairments now looks destined for the courts. Proceedings are to be issued by Rylands Law on behalf of a group of professional and semi-professional players against World Rugby, the Rugby Football Union and the Welsh Rugby Union.’

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The Guardian, 25th July 2022

Source: www.theguardian.com

Court blocks bid to issue 3,500 cases on just one claim form – Law Society’s Gazette

‘The High Court has blocked a firm’s latest attempt to issue multiple different claims through the same claim form.’

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Law Society's Gazette, 15th July 2022

Source: www.lawgazette.co.uk

PI costs ruling could have “significant” impact on settled cases – Legal Futures

Posted July 11th, 2022 in appeals, barristers, compensation, costs, news, part 36 offers, personal injuries by tracey

‘A Court of Appeal ruling that the wording of a settlement of a personal injury claim supplanted fixed costs could have “significant” implications, including for cases that have already settled, a leading costs barrister has warned.’

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Legal Futures, 11th July 2022

Source: www.legalfutures.co.uk

Claimant loses £49k damages as High Court overturns ‘injustice’ finding – Law society’s Gazette

Posted July 4th, 2022 in accidents, damages, deceit, insurance, news, personal injuries by tracey

‘An injured person who claimed more than £500,000 for lost earnings – while hiding the fact he was still in paid work – has lost his entire damages award because of fundamental dishonesty.’

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Law Society's Gazette, 1st July 2022

Source: www.lawgazette.co.uk

Online rule committee will be catalyst for digital justice, says Birss – Legal Futures

‘The work of the new Online Procedure Rules Committee (OPRC) will help connect the whiplash portal and other pre-action regimes to the court system electronically, the deputy head of civil justice has said.’

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Legal Futures, 9th June 2022

Source: www.legalfutures.co.uk

Claimant Benevolence in a Clinical Negligence Setting, by Tom Bourne-Arton – Farrar’s Building

‘Tom Bourne-Arton reviews the relatively recent case of Richins v Birmingham Women’s and Children’s NHS Foundation Trust [2022] EWHC 847 (QB) in which HHJ Kelly had to consider, amongst other matters, whether it was appropriate to apply “Claimant benevolence” otherwise known as “Keefe benevolence” when determining causation.’

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Farrar's Building, 4th May 2022

Source: www.farrarsbuilding.co.uk

E-Scooters: The Current Framework – Part 1 – Guildhall Chambers

‘The Queen’s speech 2022 has confirmed what has been widely anticipated by the media and the legal sector – e-scooters will now become a permanent feature on public roads and new legislation is expected under the Transport Bill.’

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Guildhall Chambers, 12th May 2022

Source: www.guildhallchambers.co.uk

Acoustic shock claim back on after ‘fundamental error’ – Law Society’s Gazette

‘The Court of Appeal has revived an acoustic shock claim after a finding that the defendant’s evidence was incorrect and the judge was considering the wrong issue.’

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Law Society's Gazette, 5th May 2022

Source: www.lawgazette.co.uk

Judicial College Guidelines updated – Law Society’s Gazette

Posted May 5th, 2022 in damages, news, personal injuries by sally

‘On 11 April, the Judicial College published the 16th edition of its guidelines to the assessment of general damages in personal injury cases. The previous edition was published in November 2019. These guidelines were first published in 1992 and provide a critical tool for practitioners and the courts. They rely heavily on reported decisions, covering categories as diverse as injuries caused by death, chronic pain, dermatitis and other skin conditions. The higher awards are to be found in chapters 2 and 3, tetraplegia and head injury, where the ranges in the top bracket are £324,600 to £403,990 and £282,010 to £403,990 respectively. Total blindness and deafness attracts an award in the region of £403,990, while minor injuries “where there is a complete recovery within seven days” are valued at “a few hundred pounds to £690”.’

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Law Society's Gazette, 4May 2022

Source: www.lawgazette.co.uk

MPs call for no-fault compensation in clinical negligence – Legal Futures

Posted April 28th, 2022 in compensation, doctors, hospitals, negligence, news, personal injuries by sally

‘A no-fault compensation scheme for medical negligence should be introduced in England, replacing the “grossly expensive” existing system based on individual blame, MPs have said.’

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Legal Futures, 28th April 2022

Source: www.legalfutures.co.uk

Judge could hand down judgment despite settlement – Legal Futures

‘A deputy master could hand down her judgment on a case that had been heard but settled the day before she was due to circulate a draft judgment striking out the claims.’

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Legal Futures, 20th April 2022

Source: www.legalfutures.co.uk

Teacher wins £850k settlement following classroom assault – Local Government Lawyer

‘A teacher who was assaulted by a student has been awarded £850,000 in compensation following a personal injury claim, his union has reported.’

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Local Government Lawyer, 19th April 2022

Source: www.localgovernmentlawyer.co.uk

Artist injured by stolen motorbike awarded £3m damages after High Court trial – The Independent

‘An artist who wanted around £30 million damages after suffering a serious head injury when he was hit by a stolen motorcycle more than six years ago has been awarded about £3 million by a High Court judge.’

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The Independent, 14th April 2022

Source: www.independent.co.uk

London teacher awarded £850,000 after pupil’s attack – The Guardian

‘A London teacher has been awarded £850,000 in compensation after being punched in the face and kicked during a science lesson by a pupil with a history of violence towards other children and teachers.’

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The Guardian, 14th April 2022

Source: www.theguardian.com