“Injured people will suffer twice” – furious reaction to clin neg fixed costs – Legal Futures

Posted February 1st, 2022 in costs, hospitals, negligence, news, personal injuries by sally

‘Those harmed by the NHS will “have to pay again by losing access to justice” as a result of government plans to introduce fixed costs, campaigners have claimed.’

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Legal Futures, 1st February 2022

Source: www.legalfutures.co.uk

Supreme Court invited to consider secondary victim claims – UK Human Rights Blog

‘Paul & Ors v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 (13 January 2022). The Court of Appeal dismissed a set of claims for psychiatric injury on the basis of prior binding authority, but indicated that the issue is suitable for consideration by the Supreme Court.’

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UK Human Rights Blog, 20th January 2022

Source: ukhumanrightsblog.com

Carriageways, footways and standards of maintenance – Local Government Lawyer

‘Shaun O’Neil and Nicola Hyam report on a recent case where a claimant sought to argue that a village road in the Lakes should have been maintained to the standards of a footway.’

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Local Government Lawyer, 14th January 2022

Source: www.localgovernmentlawyer.co.uk

Medical negligence claims process can be “inhumane experience” – Legal Futures

Posted January 12th, 2022 in compensation, damages, hospitals, medical treatment, negligence, news, personal injuries by tracey

‘Making claims against the NHS can be “a difficult, and in some cases inhumane, experience”, with the worst cases seeing staff trying to “proactively cover up” errors and even fabricating medical records, a report has found.

However, in other cases they were “very upfront about what had gone wrong” and consultants recommended taking legal action, according to research for the Association of Personal Injury Lawyers (APIL).’

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Legal Futures, 12th January 2022

Source: www.legalfutures.co.uk

Judge slashes QC’s £110k brief fee for case that settled before trial – Legal Futures

Posted January 7th, 2022 in accidents, barristers, costs, fees, news, personal injuries, sport by tracey

‘A costs judge has slashed the £110,000 brief fee sought by a claimant when his case settled nearly three weeks ahead of trial and before the QC had started preparing for it.’

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Legal Futures, 7th January 2022

Source: www.legalfutures.co.uk

Television producer cleared of deliberately causing car to crash into his bike – The Independent

Posted January 7th, 2022 in accidents, dangerous driving, news, personal injuries by tracey

‘A television producer has been cleared of deliberately causing a car to crash into the back of his bike in a case described as “unique and bizarre” by his celebrity lawyer.’

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The Independent, 6th January 2022

Source: www.independent.co.uk

Records vs Recollections: HTR v Nottingham University Hospitals NHS Trust – Ropewalk Clinical Negligence Blog

Posted December 14th, 2021 in birth, hospitals, negligence, news, personal injuries, witnesses by tracey

‘What approach should the court take when there is a fundamental dispute of fact between an individual’s recollection given in witness evidence and contemporaneous medical records? This was the issue in the trial of HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB), heard by Cotter J between 5 and 7 October 2021. The case will be of interest to clinical negligence practitioners following the judge’s preference of the Claimant’s mother’s witness evidence about matters that occurred 17 years earlier, despite the existence of a medical note made at the time which appeared to directly contradict that evidence.’

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Ropewalk Clinical Negligence Blog, 7th December 2021

Source: www.ropewalk.co.uk

Ex-Fat Duck pastry chef sues for £200k over RSI claims – The Guardian

Posted December 14th, 2021 in industrial injuries, news, personal injuries by tracey

‘A former pastry chef at Heston Blumenthal’s Fat Duck restaurant has claimed she was left with crippling repetitive strain injury from placing sweets into bags using tweezers and hand-making chocolate playing cards and about 550 whisky wine gums a day, court documents show.’

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The Guardian, 13th December 2021

Source: www.theguardian.com

Exaggerations and fundamental dishonesty – Local Government Lawyer

‘Adrian Neale considers the question of when a claimant’s exaggeration of injury can be said to be deliberate and dishonest, following a recent appeal brought by a local authority.’

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Local Government Lawyer, 3rd December 2021

Source: www.localgovernmentlawyer.co.uk

Paralysed jockey Freddy Tylicki sues rider Graham Gibbons for £6m over fall – BBC News

Posted November 30th, 2021 in causation, horse racing, negligence, news, personal injuries by tracey

‘Former Flat jockey Freddy Tylicki’s £6m negligence claim against fellow rider Graham Gibbons has begun in the High Court.’

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BBC News, 29th November 2021

Source: www.bbc.co.uk

Drunkenness no basis for avoiding contributory negligence, Court of Appeal rules – Law Society’s Gazette

‘The drunkenness of a passenger seeking damages for injuries sustained in a car crash ‘will not avoid a finding of contributory negligence’ where the claimant should have appreciated that the driver was too drunk to drive safely, the Court of Appeal has ruled.’

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Law Society's Gazette, 16th November 2021

Source: www.lawgazette.co.uk

QC criticises NHS Resolution for “unacceptable” delay in settling huge claim – Legal Futures

Posted November 17th, 2021 in barristers, compensation, damages, delay, hospitals, negligence, news, personal injuries by sally

‘A leading QC has criticised NHS Resolution for “unacceptable” delays in settling one of the largest ever settlements in a clinical negligence case.’

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Legal Futures, 16th November 2021

Source: www.legalfutures.co.uk

Castello v Gonschior: The Importance of Choosing the Right Discipline of Expert in Clinical Negligence Claims and the Limitations of Res Ipsa Loquitur – Ropewalk Clinical Negligence Blog

‘In Castello v Gonschior [2021] EWHC 2742 (QB), Lambert J provides an important reminder of the importance of choosing the right experts and an example of the relevance, or lack of relevance, of complaints by other patients, and the evidential principles of “res ipsa loquitur” and Keefe v The Isle of Man Steam Packet Co Ltd [2010] EWCA Civ 683 (“Keefe”) in clinical negligence claims.’

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Ropewalk Clinical Negligence Blog, 11th November 2021

Source: www.ropewalk.co.uk

Alder Hey NHS Trust must pay boy £27m over brain injuries – BBC News

Posted November 12th, 2021 in children, compensation, damages, families, hospitals, negligence, news, personal injuries by tracey

‘A boy who suffered “catastrophic brain injuries” when doctors failed to see he had a virus and sent him home after he had a seizure has been awarded £27m.’

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BBC News, 11th November 2021

Source: www.bbc.co.uk

Limitation in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

‘Civil practitioners dealing with personal injury claims are generally familiar with the three-year limitation period imposed by section 11 of the Limitation Act 1980. Put simply, claims for personal injury (whether arising from negligence, nuisance or breach of duty) must be brought within three years of the date on which the cause of action accrued (section 11(4)(a)) or the date of knowledge (if later) of the person injured (section 11(4)(b)). A person’s “date of knowledge” for the purposes of section 11(4)(b) is defined in section 14 of the Limitation Act 1980.’

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Ropewalk Clinical Negligence Blog, 2nd November 2021

Source: www.ropewalk.co.uk

Solicitor struck off for misleading client about settlement – Legal Futures

“An experienced solicitor who worked at Slater & Gordon has been struck off after telling a personal injury client that her case was ongoing when it had actually settled and using some of the money to pay other clients damages they were not entitled to.”

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Legal Futures, 4th November 2021

Source: www.legalfutures.co.uk

Police officer who feigned injury while taking 10,000 steps a day jailed – The Guardian

Posted November 5th, 2021 in accidents, fraud, imprisonment, news, personal injuries, police, sentencing by michael

“A former police officer who claimed he was in too much pain to work has been jailed for fraud after a covert surveillance team caught him playing sport and an app on his phone showed he was taking 10,000 steps a day.”

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The Guardian, 4th November 2021

Source: www.theguardian.com

Surely, I’m Insured?! Is a defendant insured only when sure the insurer will pay out? – Gatehouse Chambers

‘The Claimant was employed as a labourer by the Second Defendant (‘YKS’) who, in turn, were engaged by the Appellant Fourth Defendant (‘Buttar’) as an independent brickwork contractor. The First and Third Defendants were individuals who controlled the Second and Fourth Defendants. The Claimant suffered catastrophic injuries at a building site and brought proceedings in negligence against, inter alia, YKS, as his employer; and Buttar, as the main contractor on site. The Court recognised that there was a compelling need for an interim payment to fund an appropriate rehabilitation package for the Claimant if he was able to satisfy the legal requirements for obtaining the same.’

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Gatehouse Chambers, 28th October 2021

Source: gatehouselaw.co.uk

Does Qualified One-way Costs Shifting (“QOCS”) constrain a defendant’s liberty to seek, or the court’s discretionary power to permit, a set-off between opposing costs orders? – Lamb Chambers

‘QOCS applies to most personal injury (“PI”) claims. It usually limits the ability of a successful defendant to recover its costs against an unsuccessful claimant.’

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Lamb Chambers, October 2021

Source: www.lambchambers.co.uk

Court allows part of negligence claim against firm to go to trial – Legal Futures

‘A law firm now part of consolidator Metamorph Law has been only partially successful in striking out a claim over how it advised a client on his clinical negligence case.’

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Legal Futures, 1st November 2021

Source: www.legalfutures.co.uk