Archive for the 'negligence' Category

Paralysed woman sues Farnham pool owner for £6m – BBC News

“A woman who hit her head on the bottom of a swimming pool during a party in Surrey and was left paralysed is suing the owner for £6m at the High Court.”

Full story

BBC News, 5th May 2011

Source: www.bbc.co.uk

Hospital accused over girl’s glue injection – The Guardian

“Great Ormond Street being sued by 11-year-old after operation left her with extensive brain damage.”

Full story

The Guardian, 15th April 2011

Source: www.guardian.co.uk

Supreme Court overturns CoA’s Pretty Polly hearing loss ruling – The Lawyer

“The Supreme Court has refused to endorse a Court of Appeal (CoA) ruling on noise induced hearing loss, blocking the progression of what lawyers believe could have been thousands of hearing loss claims.”

Full story

The Lawyer, 13th April 2011

Source: www.thelawyer.com

Pritchard v Co-operative Group (CWS) Ltd – WLR Daily

Pritchard v Co-operative Group (CWS) Ltd[2011] EWCA Civ 329;  [2011] WLR (D)  110

“Where a claimant sued a defendant for damages for the torts of assault and battery then, as a matter of law, the defendant could not assert that there had been contributory negligence on the part of the claimant such that any damages awarded in respect of the assault and battery could be reduced to take account of that contributory negligence.”

WLR Daily,28th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Mohammed and others v Home Office – WLR Daily

Mohammed and others v Home Office [2011] EWCA Civ 351;  [2011] WLR (D)  112

“The Home Office did not owe a common law duty of care to claimants applying for indefinite leave to remain for maladministration.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Price of suing the NHS too high – The Guardian

“Suing the NHS for medical negligence may become too costly in the wake of cuts to both legal aid and lawyers’ success fees.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Woman pays £1 for MRSA legal claim against hospital – BBC News

“A woman seeking compensation from a Norfolk hospital after taking over an MRSA sufferer’s damages claim could set a legal precedent, a court has heard.”

Full story

BBC News, 24th March 2011

Source: www.bbc.co.uk

Oxford exam-fail law student loses compensation bid – BBC News

“An Oxford graduate who sued a law college after failing her exams has lost a bid for damages and was told her own lack of aptitude was to blame.”

Full story

BBC News, 18th March 2011

Source: www.bbc.co.uk

Heartlands Hospital in £7m brain damaged boy pay-out – BBC News

“The family of a boy who suffered severe brain damage due to hospital failures have received a £7m settlement.”

Full story

BBC News, 16th March 2011

Source: www.bbc.co.uk

Miner Ray Noble’s family wins Retford asbestos case – BBC News

“The family of a miner who died years after an experiment with asbestos coating in a pit have won compensation three years after his death.”

Full story

BBC News, 10th March 2011

Source: www.bbc.co.uk

Sienkiewicz v Greif (UK) Ltd; Willmore v Knowsley Metropolitan Borough Council – WLR daily

“The special rule attributing causation to multiple defendants in mesothelioma cases also applied to a single defendant who, in breach of duty, exposed a victim to asbestos dust, where her only other known exposure was low level asbestos fibres in the general atmosphere and where she subsequently contracted the disease.”
WLR Daily, 10th March 2011
 
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Families win asbestos payouts in Supreme Court hearing – BBC News

“Two families have won ground-breaking claims for compensation after loved ones died from cancer after exposure to ‘low level’ asbestos on Merseyside.”

Full story

BBC News, 9th March 2011

Source: www.bbc.co.uk

Khyra Ishaq’s father sues council over starvation death – BBC News

“The father of a girl who was starved to death after ‘missed opportunities’ by children’s services to save her is suing Birmingham City Council.”

Full story

BBC News, 4th March 2011

Source: www.bbc.co.uk

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.”

Full story

The Guardian, 3rd March 2011

Source: www.guardian.co.uk

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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

Haugesund Kommune and another v DEPFA ACS Bank (Wikborg Rein & Co, Part 20 defendants) [2011] EWCA Civ 33; [2011] WLR (D) 25

“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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

BBC News, 18th November 2010

Source:

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

The Guardian, 31st July 2010

Source: www.guardian.co.uk

Parents of Mansfield neglect death girl lose appeals – BBC News

“The mother and stepfather of an eight-year-old girl found hanged in her ‘squalid’ Mansfield bedroom have failed in appeals against their prison terms.”

Full story

BBC News, 28th July 2010

Source: www.bbc.co.uk

Morrison Sports Ltd and others v Scottish Power UK plc – WLR Daily

Morrison Sports Ltd and others v Scottish Power UK plc [2010] UKSC 37; [2010] WLR (D) 202

“A person who suffered loss as a result of a breach of statutory duty did not have a private right of action for damages when there was statutory provision for other forms of enforcement of the duty on behalf of the public.”

WLR Daily, 28th July 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.

Cosmetic ‘cowboys’ face wave of lawsuits – The Guardian

“Lawyers who usually act for victims of NHS blunders say increasing numbers of people are seeking to take legal action over ‘cowboy’ cosmetic treatment.”

Full story

The Guardian, 18th July 2010

Source: www.guardian.co.uk

Buncefield companies fined £5.35m for oil depot blaze – The Guardian

“Companies owned by oil giants BP, Shell and Total were fined a total of £5.35m today for their involvement in the Buncefield oil storage depot explosion and fire ‑ the worst of its kind since the second world war.”

Full story

The Guardian, 16th July 2010

Source: www.guardian.co.uk

Today, the firms behind the Buncefield fire will be held to account. But will they be made to pay? – The Independent

“It has taken five years, but today the companies whose negligence caused the biggest fire ever seen in Europe in peacetime and almost destroyed a thriving community around the Buncefield oil depot will face justice.”

Full story

The Independent, 16th July 2010

 Source: www.independent.co.uk

Hospital trust pay-out for brain-damaged taxi driver – BBC News

“A taxi driver who suffered brain damage after a hospital scan was not properly interpreted has been awarded a multimillion-pound pay-out.”

Full story

BBC News, 5th July 2010

Source: www.bbc.co.uk

‘Essex boys’ murderer wins dental pain payout – BBC News

“A man serving a life sentence for the ‘Essex Boys’ gangland murders has won £44,500 damages from the Home Office for negligent dental care.”

Full story

BBC News, 25th June 2010

Source: www.bbc.co.uk

Cookham Wood jail breast cancer ruling quashed – BBC News

“A woman’s right to claim for damages after doctors failed to diagnose her breast cancer while she was in prison in Kent has been quashed.”

Full story

BBC News, 18th June 2010

Source: www.bbc.co.uk

Parents sue Bradford hospital over daughter’s death – BBC News

“The parents of a teenager who died just over 24 hours after being admitted to hospital are suing a NHS Trust.”

Full story

BBC News, 17th June 2010

Source: www.bbc.co.uk

Firm in Buncefield court case guilty of safety breaches – BBC News

“A company has been convicted of health and safety breaches in relation to the Buncefield oil depot explosion in Hertfordshire in December 2005.”

Full story

BBC News, 16th June 2010

Source: www.bbc.co.uk

Class action protocol drawn up for NHS litigation – Law Society’s Gazette

“Lawyers have agreed an innovative collaboration process to handle a class action against a Liverpool hospital that is designed to save the NHS millions of pounds.”

Full story

Law Society’s Gazette, 20th May 2010

Source: www.lawgazette.co.uk

Widower to sue Lincolnshire hospital trust over death – BBC News

“The widower of a Lincolnshire woman who died after doctors missed a six-inch piece of plastic embedded in her buttock has begun legal action.”

Full story

BBC News, 19th May 2010

Source: www.bbc.co.uk

Claims against the police still difficult, and no help from human rights law – The Guardian

“Analysis of the court of appeal judgment on malicious prosecution and the right to liberty.”

Full story

The Guardian, 17th May 2010

Source: www.guardian.co.uk

Farstad Supply AS v Enviroco Ltd – WLR Daily

Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113

“A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties but precluded the owner from recovering damages from the charterer in respect of the charterer’s own negligence. It followed that where it was alleged that the charterer and a third party had jointly caused damage to the vessel whilst it was berthed in Scotland and, because of the indemnity agreement, the owner sued only the third party in the Scots courts, the third party would not be able to claim a contribution under s 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 from the charterer as a ‘person who, if sued, might also have been held liable’.”

WLR Daily, 6th May 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.

Family of man whose fatal disease was missed by doctors to sue NHS – Daily Telegraph

“The family of a man who died in agony after doctors repeatedly mistook a fatal bowel infection for a groin strain are to sue the NHS.”

Full story

Daily Telegraph, 7th May 2010

Source: www.telegraph.co.uk

Essex NHS trust must pay brain-damaged boy £1.75m – BBC News

“The parents of a brain damaged boy from Essex have been awarded £1.75m compensation by the High Court.”

Full story

BBC News, 31st March 2010

Source: www.bbc.co.uk

Massive rise in cost to NHS of settling compensation cases – The Independent

“The cost of no-win, no-fee legal claims against the National Health Service has risen 16-fold in five years. A breakdown of clinical negligence cases settled by the NHS under ‘conditional fee arrangements’ (CFA), in which solicitors get paid only if they win a case, shows that their value – in costs and damages – has risen from £6.5m in 2004-05 to £108m last year.”

Full story

The Independent, 28th MArch 2010

Source: www.independent.co.uk

Family wins payout over mother Lavinia Bletchly’s undiagnosed cancer – The Independent

“The family of a young mother who died after doctors failed to diagnose her cancer secured a six-figure pay-out from an NHS body today.”

Full story

The Independent, 26th March 2010

Source: www.independent.co.uk

Scullion v Bank of Scotland plc – WLR Daily

Scullion v Bank of Scotland plc [2010] EWHC 572 (Ch); [2010] WLR (D) 88

“A buy-to-let transaction was not very different from the ordinary residential house purchase when considering the duties and liabilities of valuers to purchasers of property, although each case might turn on its own facts.”

WLR Daily, 24th March 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.

Connor v Surrey County Council – WLR Daily

Connor v Surrey County Council [2010] EWCA Civ 286; [2010] WLR (D) 83

“A duty of care owed by a public body to one of its employees as a function of that employment relationship and which existed independently of the impact of action or inaction under statute could be violated, so as to give rise to a claim for damages, by failure to exercise a statutory discretion, but only where the discretion was, or would have been able to be, exercised consistently with the duty-ower’s full performance of its public law functions.”

WLR Daily, 22nd March 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.

Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd – WLR Daily

Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd [2010] EWCA Civ 180; [2010] WLR (D) 67

“A defendant who could reasonably foresee that his negligent actions would damage property owed a duty of care to a beneficial owner of that property. If the defendant damaged the property, he would be liable not merely for the physical loss of that property but also for the foreseeable consequences of that loss, such as the extra expenditure to which the beneficial owner was put or the loss of profit which he incurred. Provided that the beneficial owner could join the legal owner in the proceedings, it did not matter that the beneficial owner was not himself in possession of the property.”

WLR Daily, 8th March 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.

Whiston v London Strategic Health Authority (successor body in law for the Queen Charlotte’s Maternity Hospital) – WLR Daily

Whiston v London Strategic Health Authority (successor body in law for the Queen Charlotte’s Maternity Hospital) [2010] EWCA Civ 195; [2010] WLR (D) 66

“A claimant bringing an action in negligence for personal injury out of time had constructive knowledge of the relevant facts for the purposes of s 14 of the Limitation Act 1980 if, considered objectively, he had the knowledge which he might reasonably have been expected to acquire having regard to all the circumstances of the case.”

WLR Daily, 8th March 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.


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