Mother wins decade-long battle for more than £10m over botched operation on child at NHS hospital – The Independent

‘A mother has won a 12-year battle for compensation against an NHS hospital after successfully claiming her child suffered brain damage as a result of a botched surgery.’

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The Independent, 25th September 2024

Source: www.independent.co.uk

Telecoms providers must ensure transparency following ASA ruling and Ofcom guidance – OUT-LAW.com

Posted September 25th, 2024 in advertising, complaints, media, news, telecommunications by sally

‘A recent Advertising Standards Authority (ASA) ruling and subsequent Office of Communications (Ofcom) guidance serves as a reminder to UK telecommunications providers on standards for advertising technology superiority claims and comparative advertising, an expert has said.’

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OUT-LAW.com, 24th September 2024

Source: www.pinsentmasons.com

Keep out! When justice cannot be seen to be done, how do we know it’s been done? – Transparency Project

‘Magistrates’ courts conducting family justice are now part of the Family Court, established in 2014, and subject to the same rules as those presided over by district, circuit and High Court judges. Under those rules, accredited media reporters and ‘legal bloggers’ (see below) are entitled to attend hearings even if they take place in private, though they can’t report anything without the court’s permission.’

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Transparency Project, 24th September 2024

Source: transparencyproject.org.uk

The cost of success for women’s football; are women footballers paying the price for popularity? – 12 King’s Bench Walk

Posted September 25th, 2024 in chambers articles, duty of care, employment, negligence, news, sport, women by sally

‘In recent years, women’s football has experienced an unprecedented surge in popularity and commercialisation. This growth has been beneficial in many respects, but brings to the forefront significant concerns regarding player welfare, particularly the prevalence of injuries such as anterior cruciate ligament (ACL) injuries. These issues have potentially significant legal and regulatory implications.’

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12 King's Bench Walk, 19th September 2024

Source: 12kbw.co.uk

What’s new in lawyers’ liability in autumn 2024? – 4 New Square

Posted September 25th, 2024 in barristers, chambers articles, costs, negligence, news, solicitors by sally

‘Returning from the summer break is a good time to take stock of recent developments in professional liability case law. Helen Evans KC identifies some of the core themes emerging from the recent authorities on lawyers’ negligence, as well as some eye-catching costs decisions involving both solicitors and barristers.’

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4 New Square, 20th September 2024

Source: www.4newsquare.com

Alice de Coverley speaks to The Work Couch on neurodiversity at work – 3 Paper Buildings

Posted September 25th, 2024 in barristers, chambers articles, disabled persons, employment, news, podcasts by sally

‘3PB Barristers’ (3 Paper Buildings) specialist education, equality and public law barrister Alice de Coverley has spoken to RPC Legal’s The Work Couch podcast as part of their neurodiversity mini-series ahead of ADHD awareness month in October.’

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3 Paper Buildings, 24th September 2024

Source: www.3pb.co.uk

Travel & Aviation Bulletin – Special Focus – 3 Hare Court

Posted September 25th, 2024 in appeals, brexit, chambers articles, holidays, insurance, interest, news, personal injuries by sally

‘Welcome to our Special Focus edition of the Travel & Aviation Bulletin, edited by Katherine Deal KC.’

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3 Hare Court, 18th September 2024

Source: www.3harecourt.com

Public Inquiries | Enhancing Public Trust: Key recommendations from the House of Lords Statutory Inquiries Committee report – 2 Hare Court

Posted September 25th, 2024 in chambers articles, inquiries, news, select committees by sally

‘On Monday, the House of Lords Statutory Inquiries Committee published its report on recommended reforms to the work of statutory inquiries. The report is published in the context of 18 public inquires taking place in the UK this year alone, and recent significant developments in the Grenfell Tower, Infected Blood, Post Office and Covid-19 Inquiries. Some of the report’s recommendations extend beyond statutory inquiries, to include major inquests.’

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2 Hare Court, 19th September 2024

Source: www.2harecourt.com

HMP Brixton: Inspection finds catalogue of failings at one of UK’s most overcrowded jails – The Independent

‘A damning inspection has highlighted a catalogue of failings at one of the UK’s most overcrowded jails – underscoring how the crisis behind bars “extends far beyond the prison walls and into our communities”.’

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The Independent, 24th September 2024

Source: www.independent.co.uk

Key changes to ICAEW Professional Indemnity Insurance requirements – Kingsley Napley Regulatory Blog

Posted September 25th, 2024 in accountants, chambers articles, consultations, insurance, news by sally

‘In December 2023, the ICAEW Regulatory Board, along with the Professional Indemnity Insurance Committee (PIIC), began reviewing ICAEW’s insurance requirements. A consultation on the proposed changes was held from 18 October to 14 December 2023. After reviewing the feedback, the ICAEW has confirmed changes to the Professional Indemnity Insurance (PII) regime to take effect on 1 September 2024. This blog will explore the PII requirements, a summary of key changes and their purpose and impact.’

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Kingsley Napley Regulatory Blog, 23rd September 2024

Source: www.kingsleynapley.co.uk

ASA bans adverts for Nike and Sky for using ‘dark pattern’ tactics – The Guardian

Posted September 25th, 2024 in advertising, internet, news, ombudsmen by sally

‘Adverts for Nike and Sky have been banned by the regulator for using “dark pattern” tactics designed to lead consumers to unintentionally spend money.’

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The Guardian, 25th September 2024

Source: www.theguardian.com

Justice secretary Shabana Mahmood unveils plan to shut women’s prisons amid overcrowding crisis – The Independent

Posted September 25th, 2024 in criminal justice, early release, Ministry of Justice, news, prisons, statistics, women by sally

‘Justice secretary Shabana Mahmood has set out plans to slash the number of women going to jail and ultimately close women’s prisons amid an overcrowding crisis.’

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The Independent, 24th September 2024

Source: www.independent.co.uk

‘Hillsborough Law’ on the table by anniversary – PM – BBC News

‘A “Hillsborough law” will be introduced in Parliament before the next anniversary of the 1989 football stadium tragedy, Sir Keir Starmer has confirmed.’

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BBC News, 24th September 2024

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted September 24th, 2024 in law reports by sally

Court of Appeal (Civil Division)

Palmer & Ors v National Crime Agency [2024] EWCA Civ 1095 (20 September 2024)

High Court (Administrative Court)

Loveluck & Anor v Natural England [2024] EWHC 2404 (Admin) (23 September 2024)

Drzewiecki v Polish Judicial Authority (No. 2) [2024] EWHC 2381 (Admin) (19 September 2024)

Sroczynski v Polish Judicial Authority [2024] EWHC 2380 (Admin) (19 September 2024)

Dorchester Living Ltd v Secretary of State for Department for Levelling Up, Housing and Communities & Ors [2024] EWHC 3284 (Admin) (19 September 2024)

London Borough of Haringey v Secretary of State for Levelling Up, Housing and Communities & Anor [2024] EWHC 2378 (Admin) (19 September 2024)

High Court (Chancery Division)

Queen Mary University of London v LSY & Ors [2024] EWHC 2386 (Ch) (20 September 2024)

Magee & Ors v Crocker & Anor (Re Costs) [2024] EWHC 2353 (Ch) (19 September 2024)

High Court (Family Division)

NR (A Child: Ceilings of Treatment after Survival of Withdrawal of Life Sustaining Treatment), Re [2024] EWHC 2400 (Fam) (18 September 2024)

High Court (King’s Bench Division)

Deng v Zhang & Anor [2024] EWHC 2392 (KB) (20 September 2024)

Source: www.bailii.org

Securities litigation in the UK: liability and remedies – OUT-LAW.com

Posted September 24th, 2024 in fraud, misrepresentation, news, shareholders by sally

‘UK securities litigation claim numbers are rising due to factors such as increased availability of litigation finance from third party funders, the growth of shareholder activism, and the use of litigation as a tool for corporate governance and compliance.’

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OUT-LAW.com, 23rd September 2024

Source: www.pinsentmasons.com

Nursing home held not to be a public authority for the purposes of an Article 2 claim – UK Human Rights Blog

Posted September 24th, 2024 in care homes, human rights, mental health, negligence, news by sally

‘In Sammut v Next Steps Mental Healthcare Ltd and Greater Manchester Mental Health Foundation Trust [2024] EWHC 2265(KB), HHJ Bird sitting as a judge of the High Court gave summary judgment in favour of the first defendant in a claim against a care home brought on behalf of the estate of a mental health patient for breach of ECHR Article 2. HHJ Bird held that the care home was not engaged in public functions for the purposes of section 6 of the Human Rights Act 1998 and was not a public authority. Further, the alleged breach of Article 2 was in reality no more than an allegation of clinical negligence outwith the scope of Article 2.’

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UK Human Rights Blog, 24th September 2024

Source: ukhumanrightsblog.com

Ombudsman recommends council review triaging procedures for Deprivation of Liberty Safeguards requests – Local Government Lawyer

‘The Local Government and Social Care Ombudsman has found Stockport Metropolitan Borough Council at fault for depriving a woman of her liberty without an authorisation, and failing to involve her attorney in a best interests meeting to decide on a new placement.’

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Local Government Lawyer, 23rd September 2024

Source: www.localgovernmentlawyer.co.uk

Ombudsman upholds care home’s complaint about funding for resident – Local Government Lawyer

Posted September 24th, 2024 in care homes, local government, news, ombudsmen by sally

‘The Local Government and Social Care Ombudsman has found Leicester City Council at fault in relation to a lack of funding support for a resident in a care home, finding that its actions led to a “financial shortfall” and a “missed opportunity to reduce the risk of harm to the Home residents”.’

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Local Government Lawyer, 23rd September 2024

Source: www.localgovernmentlawyer.co.uk

AI use among lawyers soaring but impact on fees uncertain – Legal Futures

Posted September 24th, 2024 in artificial intelligence, fees, legal profession, legal services, news by sally

‘Four out of five lawyers are currently using or planning to use artificial intelligence (AI) tools, according to new research – but the impact on pricing remains unclear.’

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Legal Futures, 24th September 2024

Source: www.legalfutures.co.uk

Upper Tribunal dismisses landlord’s appeal despite ‘serious procedural irregularity’ in rent repayment case – Law Society’s Gazette

Posted September 24th, 2024 in default judgments, landlord & tenant, news, rent, repayment by sally

‘The Upper Tribunal has found that although the First-Tier Tribunal’s approach to a rental repayment claim was flawed “by reason of a serious procedural irregularity”, it was not in the interests of justice to set aside its decision.’

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Law Society's Gazette, 23rd September 2024

Source: www.lawgazette.co.uk