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Searching Content indexed under Professional Negligence by Clyde & Co ordered by Published Date Descending.
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1
Supreme Court Widens Access For Non-Parties To Litigation Documents
In Cape v Dring [2019] EWCA Civ 1795, the Supreme Court has made clear the breadth of the courts' jurisdiction to allow third parties to access documents held by the courts in relation to litigation
UK
8 Aug 2019
2
The "ELIN" – Deck Cargo And Exclusion Clauses
The recent case of Aprile SPA v Elin Maritime Ltd ("The Elin")1 relates to a shipowners' ability under English law to exclude their liability for loss
UK
5 Aug 2019
3
Setting Clear Boundaries: Injury Claim Blaming Defective Fencing Successfully Defended
Clyde & Co are pleased to report the successful defence of a claim after the injured party suffered damage to his left hand when he attempted to vault over a fence surrounding a park.
UK
24 Jun 2019
4
Failure To Remove Claims – The End Of The Road?
Poole Borough Council v GN and Another [2019] UKSC 25
UK
18 Jun 2019
5
Thrown To The Lyons: Are Solicitors Under A General Duty To Warn?
Are solicitors under a duty to warn their clients about risks relating to matters which fall outside the scope of their retainer ...
UK
29 May 2019
6
Successful NHS Defence Provides Useful Learning Points
A recent judgement[1] has provided a useful overview of the crucial importance of expert evidence in cases of clinical negligence ...
UK
28 May 2019
7
Nursing A Grievance: Disparity Amongst Regulators?
Doctors and nurses, like so many professionals, are subject to regulation and oversight by their professional bodies. Part of that oversight includes the prospect of fitness to practise proceedings.
UK
27 May 2019
8
Can There Be Contributory Negligence In Suicide Cases?
A successful, or even unsuccessful, attempt at taking one's own life will have a devastating impact on the family of the individual involved.
UK
22 May 2019
9
Roberts v SSAFA/MOD: Governing Law In A Contribution Claim
Judge decides which law governs contribution claim against German Part 20 defendant
UK
17 May 2019
10
Single Clinical Incidents: No Longer A Concern For The GMC?
The GMC have announced procedural changes in a bid to reduce the number of investigations into single clinical incidents. After a two-year pilot study,
UK
16 May 2019
11
Vicarious Liability: Employers Given A Lift Following Christmas Party Injury Decision
The Court of Appeal recently upheld a first instance decision that Cancer Research UK was not vicariously liable for an injury suffered by an employee at a Christmas party.
UK
1 May 2019
12
Fixed Recoverable Costs: Expansion Of Fast Track To Include ‘Intermediate' Cases
The Ministry of Justice has commenced a consultation on extending the fixed recoverable costs regime (FRC) to incorporate an expanded fast track including 'intermediate cases'.
UK
12 Apr 2019
13
Consulting A Consultant: A Doctor's Standalone Duty Of Care
A patient is admitted to the acute assessment unit (AAU) by ambulance following numerous bouts of diarrhoea and vomiting.
UK
9 Apr 2019
14
Supreme Court Decision On "Lost Litigation" Issues
In this briefing we consider the case and its implications.
UK
20 Feb 2019
15
Motor: High Court Rules On Standard Of The ‘Reasonable Driver' When Under Threat Of Physical Harm
The High Court has ruled on the issue of liability when a driver causes injury to a third party in circumstances when fearing for his or her safety.
UK
13 Feb 2019
16
New Sentencing Guidelines For ‘Medical Manslaughter'; Including The Wider Circumstances
The definitive sentencing guidelines for manslaughter (including gross negligence manslaughter) came into force in November 2018.
UK
21 Jan 2019
17
Free Advice – But Can You Prove Breach Of Duty?
The Technology and Construction Court (TCC) has dismissed a well-publicised claim for professional negligence brought against an architect, Mrs Lejonvarn, who agreed to supervise a garden-landscaping project for free for her friends.
UK
13 Dec 2018
18
UK Supreme Court Clarifies Burden Of Proof In Cargo Damage Cases Under The Hague Rules
The UK Supreme Court has clarified the nature of the burden of proof upon carriers of goods by sea who seek to rely upon the inherent vice exception under Article IV.2
UK
10 Dec 2018
19
Mental Health Issues Are Not "Exceptional Circumstances" In Solicitor Dishonesty Cases
The High Court's recent decision in the linked appeals SRA v James & Others [2018] EWHC 3058 (Admin) reminded us once again that dishonest conduct by a solicitor will almost invariably result in striking off, even in the cruellest of circumstances.
UK
3 Dec 2018
20
High Court Ruling Clarifies Scope Of Maternal Psychiatric Claims
Judgment has recently been given by Mrs Justice Whipple in the case of YAH v Medway NHS Foundation Trust – judgment can be found here.
UK
15 Nov 2018
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