Counsel’s fees to be excluded from clin neg fixed fees regime – Legal Futures

Fees for counsel’s advice in lower-value clinical negligence cases will not be recoverable under the fixed recoverable cost (FRC) regime unless a child or protected party is involved, the Department of Health and Social Care (DHSC) has proposed.

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Legal Futures, 20th September 2023

Source: www.legalfutures.co.uk

Claimant representatives furious at clinical negligence reform – Legal Futures

‘Claimant representatives have reacted angrily to the government’s decision to press ahead with fixed recoverable costs for clinical negligence cases that settle pre-issue for less than £25,000.’

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Legal Futures, 18th September 2023

Source: www.legalfutures.co.uk

Hundreds of UK women can now take legal action over Essure device – BBC News

Posted September 5th, 2023 in class actions, contraception, news, personal injuries, women by sally

‘Two hundred women in the UK who claim they were left in pain after having a permanent contraception device fitted, can now take group legal action through the courts, against its manufacturer.’

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BBC News, 5th September 2023

Source: www.bbc.co.uk

Aggravated damages in personal injury claims: are they ever recoverable? – Gatehouse Chambers

Posted September 1st, 2023 in chambers articles, damages, news, personal injuries by sally

‘Outside of those cases involving false imprisonment or torture, aggravated damages in personal injury claims are vanishingly rare. A recently issued claim in the High Court called Frearson, claims aggravated damages for what is alleged to be deliberate assault with a deadly weapon. But that claim is at an early stage and – even if it goes to trial – is unlikely to provide any definitive answers for some time.’

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Gatehouse Chambers, 7th July 2023

Source: gatehouselaw.co.uk

Departing from Guidelines and Balancing of Risks in Different Medical Settings – QMLR

Posted September 1st, 2023 in chambers articles, doctors, medicines, negligence, news, personal injuries by sally

‘This article will focus on the issue relating to guidelines, which is likely to be the central take-away point for practitioners. Mr Berry was administered 400mg of Gentamicin on 4 March by Dr Meyer. The parties were agreed that the dosage caused the Claimant ototoxicity side effects.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

APIL issues JR over shortcomings in new fixed costs rules – Legal Futures

‘The Association of Personal Injury Lawyers (APIL) has issued judicial review (JR) proceedings challenging aspects of the new rules to extend fixed recoverable costs.’

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Legal Futures, 24th August 2023

Source: www.legalfutures.co.uk

Fail to Plead, Fail to Succeed – Parklane Plowden Chambers

‘The case of Sindra Bilal & Anor v St George’s University NHS Foundation [2023] EWCA Civ 605 provides a useful reminder to ensure issues are pleaded if they are to be advanced at trial.’

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Parklane Plowden Chambers, 16th July 2023

Source: www.parklaneplowden.co.uk

Judge criticises approach of firm acting on hundreds of mesh claims – Legal Futures

Posted August 18th, 2023 in compensation, costs, law firms, medical treatment, news, personal injuries by sally

‘A law firm acting for hundreds of women who claim to have been harmed by vaginal mesh implant surgery has had its costs slashed by an unimpressed judge.’

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Legal Futures, 18th August 2023

Source: www.legalfutures.co.uk

‘Game, Set-Aside and Match’: Applications To Set Aside Default Judgment and the Decision in FXF v English Karate Federation Ltd – Ropewalk Chambers

‘On 26 July 2023, the Court of Appeal handed down its decision in the case of FXF v English Karate Federation Ltd [2023] EWCA Civ 891, regarding the correct approach to dealing with applications to set aside default judgments. Specifically, the court addressed the issue whether the well-trodden criteria from Denton v TH White Ltd [2014] 1 WLR 3926 regarding relief from sanctions should be applied in applications to set aside judgments in default.’

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Ropewalk Chambers, 28th July 2023

Source: ropewalk.co.uk

Montgomery and Material Contribution – QMLR

‘In January 2023, Mr Justice Ritchie handed down an important decision dealing with Montgomery and causation in birth injury claims.’

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QMLR, 18th July 2023

Source: 1corqmlr.com

Bilal and Malik v St George’s University Hospital NHS Trust [2023] EWCA Civ 605 – 3PB

Posted August 1st, 2023 in causation, hospitals, negligence, news, personal injuries by sally

‘Sidra Bilal, Hassaan Aziz Malik (Administrators on behalf of the estate of Mukhtar Malik, deceased) v St George’s University Hospital NHS Foundation Trust, [2023] EWCA Civ 605 provides an interesting insight into the post-Montgomery landscape. It provides further clarification on informed consent as well as reminding practitioners of the importance of tightly crafted pleadings in clinical negligence claims.’

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3PB, 12th July 2023

Source: www.3pb.co.uk

Judge right to award lying libel claimant £1 damages, appeal rules – Law Society’s Gazette

Posted July 31st, 2023 in appeals, damages, deceit, defamation, fraud, news, personal injuries by tracey

‘A High Court judge was correct to award only £1 in damages to a libel claimant who lied to the court, three appeal judges have found in the latest ruling concerning the self-proclaimed inventor of bitcoin. Computer scientist Dr Craig Wright last year successfully sued a blogger who had publicly accused him of fraud. However Mr Justice Chamberlain ordered only nominal damages because Wright had submitted “deliberately false” evidence on the extent of harm caused by the libel.’

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Law Society's Gazette, 27th July 2023

Source: www.lawgazette.co.uk

Borough council not vicariously liable for abuse suffered by claimant, High Court rules – Local Government Lawyer

‘Barnsley Metropolitan Borough Council is not vicariously liable for sexual abuse inflicted on claimant DJ by an uncle who was a de facto foster parent, the High Court has found.’

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Local Government Lawyer, 27th July 2023

Source: www.localgovernmentlawyer.co.uk

Great grandmother had legs amputated after she was dragged under bus when driver refused to let her on – The Independent

‘An 83 year-old woman lost both her legs when she was dragged under a bus when the driver refused to let her on.’

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The Independent, 28th July 2023

Source: www.independent.co.uk

Aberdare’s Priory Hospital firms fined £400k after workers assaulted – BBC News

‘Companies running a mental health unit have been fined more than £400,000 after staff suffered bite attacks from inpatients.’

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BBC News, 26th July 2023

Source: www.bbc.co.uk

CA rejects latest challenge to costs deduction from damages – Legal Futures

Posted July 17th, 2023 in appeals, damages, fees, law firms, news, personal injuries, solicitors, time limits by tracey

‘The time for a client to challenge a solicitor’s deduction from their damages runs from the time the deduction is made, without the client having to agree the specific amount, the Court of Appeal has ruled.’

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Legal Futures, 17th July 2023

Source: www.legalfutures.co.uk

Terror attack survivors condemn compensation body – BBC News

‘Survivors of terror attacks in the UK have described the government’s compensation scheme as “broken” in a new report.’

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BBC News, 17th July 2023

Source: www.bbc.co.uk

Demised property, the Occupiers Liability Act 1957 and PI claims – Local Government Lawyer

‘North Lincolnshire Council recently successfully defended a personal injury claim brought by a claimant who slipped at a pay and display car park the local authority owned but had demised. Toby Coupe explains how.’

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Local Government Lawyer, 30th June 2023

Source: www.localgovernmentlawyer.co.uk

Bilal: The Court of Appeal Considers the Application of Bolam in Montgomery Consent Case – Ropewalk Clinical Negligence Blog

Posted June 26th, 2023 in appeals, chambers articles, doctors, duty of care, news, personal injuries by tracey

‘In the case of Montgomery v Lanarkshire Health Board [2015] AC 1430, the Supreme Court drew a distinction between a doctor’s role when considering possible investigatory or treatment options and, their advisory role in discussing with a patient any risks of injury which may be involved in any recommended treatment and possible alternatives.’

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Ropewalk Clinical Negligence Blog, 14th June 2023

Source: ropewalk.co.uk

Costs of case manager meetings cannot be claimed, master rules – Law Society’s Gazette

Posted June 26th, 2023 in budgets, case management, costs, dispute resolution, news, personal injuries by tracey

‘A High Court judge has ruled that charges for meetings with case managers are not claimable because they do not progress the court case.’

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Law Society's Gazette, 23rd June 2023

Source: www.lawgazette.co.uk