High Court restricts common law duty of care where hospitals/ doctors have statutory obligation to discharge from involuntary detention download
This case provides some clear guidance on how the statutory obligations on doctors and hospitals to care for mentally ill persons in the ‘least restrictive’ manner relate to, and can limit, a duty of care.
Alan Rawley QC’s memorial service will be held at Temple Church on 3 December 2014 at 18:00.
The Lawyer magazine has interviewed Satinder Hunjan QC, head of the international and clinical negligence group at No5 Chambers.
Health Alert — Robinson v Ng; Dr A v Health District; Health Practitioner Regulation Legislation Amendment Bill 2014; and more download
DLA Piper has released the 24 November 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Medical negligence experts at Neil Hudgell Solicitors have welcomed the NHS’s move to bring greater transparency with its MyNHS website.
An unknown number of patients across England and Wales may have been fitted with ‘mix and match’ hip replacements that could be wearing down too quickly.
In November 2014, Adam Farrer from No5 Chambers acted for the HSE in the prosecution of a care-home company at Cardiff Crown Court.
An inquest into the death of Derek Marks heard that a clerical error saw him receive seven doses of chemo. His widow was represented at the inquest by Richard Grimshaw.
Health Alert — CMA adopts new policy on referrals; Queensland medical breakthrough; Mental Health Amendment Bill; and more download
DLA Piper has released the 17 November 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
The recall is believed to be the biggest in British medical history.
The cause of death had been left ventricular failure caused by pericarditis (the swelling of the pericardium, a fluid-filled sac surrounding the heart).
Sarah Crowther, a specialist in all claims for injury, illness, accident or disease involving an international element, has joined Outer Temple Chambers.
The NHS has paid damages totalling £44.6m to 691 patients in the last eight years who brought medical negligence claims after hospitals missed a vital cancer diagnosis.
Health Alert — Whyte v Medical Council of NSW; Pisano v Health Solutions; measures in the fight against Ebola; and more download
DLA Piper has released the 10 November 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
A grieving partner has called for a review of psychiatric care at the North Devon District Hospital after his partner was discovered hanging in her bedroom.
Under new draft guidelines, doctors, nurses and midwives have been told to be honest with patients and apologise when mistakes are made.
Health Alert — Health Care Complaints Commission v Marquinez; Biosecurity Bill 2014; and new walk-in centres prove popular download
DLA Piper has released the 3 November 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — Vision Eye Institute v Kitchen & Anor; Health Administration Corporation v George D Angus; and more download
DLA Piper has released the 27 October 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Neil Hudgell Solicitors is set to acquire the entire caseload of Rapid Solicitors, taking on 120 new members of staff and three new offices.
The family of David Mallaby, a father of two who died in 2012 after his GP failed to spot the signs of bowel cancer, has been awarded a six-figure payment at the High Court.
Dawn Britton, 62, of Bristol, was given tablets that reduce blood sugar levels despite never having suffered from diabetes.
IBB’s Malcolm Underhill has commented in The Times on the liability and duty of care of hospitals treating Ebola patients.
The Legal 500 has recommended Outer Temple Chambers as a top-tier set in business and regulatory crime.
Worrying questions have been raised over NHS trusts using private healthcare providers to clear waiting lists.
The Safeguarding Adults Return showed that around 104,000 elderly or vulnerable people suffered abusive treatment in care homes or their own homes last year.
Outer Temple’s Cara Guthrie will be speaking at the AvMA conference on quantum entitled ‘Best practice in quantum for clinical negligence lawyers’ on 19 November.
Compensation payout for hospital negligence resulting in brain damage and cerebral palsy to unborn child download
Nine-year-old Cody Lyster-Hughes has been awarded up to £6.5m in damages by Northern Lincolnshire and Goole Hospitals NHS Foundation Trust.
Health Alert — Physiotherapists Board of Australia v Dopson; New Health New Zealand Inc v Attorney-General; and more download
DLA Piper has released the 13 October 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
No5 Chambers will be exhibiting at a one-day conference exploring the implications of the changes brought about by the Children and Families Act 2014.
Kay Barnes, senior solicitor at Neil Hudgell Solicitors, has represented Emma Cave, a mum who recently won compensation after being wrongly given MMR vaccine during pregnancy.
Imagine the worry: you visit an elderly relative in a care home, but leave with a nagging doubt that something isn’t quite right, and that perhaps they are being mistreated.
Compensation pay-outs for head and brain injuries: interim payments available when fault is admitted download
Recovery from a brain injury can take a long time. It is likely the individual seeking compensation will suffer losses in the form of lost earnings and incurring expenses.
Health Alert — Pisano v Health Solutions (WA) Pty Ltd; Dr A v Health District (No 2); and more download
DLA Piper has released the 6 October 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Outer Temple Chambers (OTC) has announced that James Leonard has won the accolade of Professional Discipline Junior of the Year 2014 at the Chambers Bar Awards.
Southampton-headquartered Moore Blatch has joined forces with spinal injury charity Aspire to create Aspire Law, an ABS specialising in spinal cord injuries, which will launch on 3 November.
DLA Piper has released the 29 September 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Barrister Ben Bradley from Outer Temple Chambers has represented the family of Alan Lucas in a recent inquest before HM Coroner for Birmingham and Solihull.
Thousands of people in England have attempted suicide while on an NHS waiting list for psychological treatment, according to a study of mental health services.
Anchor Trust has been ordered to pay £170,000 in fines and costs after an elderly lady suffering from dementia died in its care.
Barrister Henry Pitchers from No5 Chambers has represented the family of Evelyn Smith who died from bacterial tracheitis last year, aged seven.
Health Alert — Southern Radiology Nuclear Medicine v Environmental Protection Authority; and more download
DLA Piper has released the 22 September 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Neil Hudgell Solicitors lawyer Sean Gordon has been named as one of three shortlisted finalists in the Modern Law Awards Compliance Officer of the Year category.
Health Alert — Appleton v Norris; Psychology Board of Australia v GA; Reben v Medical Board of Australia; and more download
DLA Piper has released the 15 September 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
The family of Nicola Ames, a lady who died after being given three times the recommended dose of a sedative, has been awarded £65,000 in compensation.
Neil Hudgell Solicitors has represented a 63-year-old patient whose hip replacement operation was cancelled as she lay on the operating table due to a mix-up over blood supplies.
DLA Piper has released the 1 September 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
DLA Piper has announced that Baltimore partner Ian Taylor has been selected to The Daily Record’s list of ‘Very Important Professionals’.
Health Alert — Medical Board of Australia v Andersen; Improving Cancer Outcomes Bill 2014; and more download
DLA Piper has released the 11 August 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Neil Hudgell Solicitors has once again been recognised for meeting high standards of legal practice in personal injury and medical negligence.
Senior solicitor — London
Senior solicitor — manager, clinical negligence, Hull
Senior solicitor — manager, new claims
Senior solicitor — manager, clinical negligence, Leeds
Our expert medical negligence solicitors have more than 20 years’ experience in dealing with claims arising out of the NHS and the private healthcare sector.
The circumstances that may lead to a clinical negligence claim could be that you have had treatment that has not had the result that you expected.
Health Alert — guardianship and administration application in the matter of MDC; Kowal v O’Day & Ors; and more download
DLA Piper has released the 11 August 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
According to the Health and Safety Executive (HSE), ‘asbestos is the single greatest cause of work-related deaths in the UK’.
Laura Thompson, a solicitor at IBB Solicitors, has discussed wilful neglect or mistreatment issues for health workers.
Health Alert — call for evidence on the health effects of water fluoridation; Vega Vega v Medical Board of Australia; and more download
DLA Piper has released the 4 August 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Mistakes: part one download
Everyone recognises that humans make mistakes, even that subset of humans who practise law.
Laura Davidson acts for successful local authority in COP case ousting abusive live-in carers from an elderly woman’s home download
London Borough of Redbridge v G, C and F was initially brought under the inherent jurisdiction due to concerns that C and F were unduly influencing G.
Blake Morgan has launched a spin off of its personal injury and clinical negligence lawyers into a new brand BL Claims Solicitors.
California’s CMIA provides that an individual may recover $1,000 nominal damages based on the negligent release of information by a healthcare provider or other covered party.
It may come as a surprise that something like 300,000 people each year enter our hospitals having suffered a traumatic head or brain injury.
In Chandler v Cape, it was held that a parent company owed a direct duty of care to an employee of a subsidiary who contracted asbestosis.
Health Alert — Lane v Northern NSW Local Health District (No 3); Psychology Board of Australia v Tubara; and more download
DLA Piper has released the 28 July 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Daniel Jefferies has been awarded a six-figure sum after he was left brain damaged following surgery at Bristol Royal Infirmary.
Satinder Hunjan QC, head of the clinical negligence group at No5 Chambers, has accepted an invitation to become the patron of the Child Brain Injury Trust.
The special measures policy has been welcomed by many inside and outside the health service, but it seems too early to tell just how effective it is.
Neil Hudgell Solicitors has won €1.75m for engineer Hendrik Donkers, who lost two limbs in an accident that took place as he went to service a tyre below an aircraft’s nose.
Kings Chambers has welcomed Richard Borrett as a full member of Chambers. Called in 2009, he joins from 3 Paper Buildings.
Health Alert — Ladhams v Medical Board of Australia; Chaudhry v Medical Board of Australia; and more download
DLA Piper has released the 21 July 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
In Moore v Getahun, the plaintiff suffered a wrist injury in a motorcycle accident and claimed medical negligence against the treating doctor.
The parents of a toddler who died in 2012 have accepted a £30,000 pay-out after the trust running Queen Alexandra Hospital admitted the tragedy could have been avoided.
Health Alert — Angelos v Minister for Health; Wilson v Western Health; Brunswick Family Dental Pty Ltd v Dr Enegd; and more download
DLA Piper has released the 14 July 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Colchester Hospital has awarded a nine-year-old girl a £5.5m compensation package after delays in treating her meningitis when she was a baby left her with brain damage.
An analysis of reporting incidents has shown that 29 out 141 trusts did not record the expected number of safety incidents.
DLA Piper has released the 7 July 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Mark Browne, from Lincoln, died in 2012 aged 46 after his GP, Dr Nicholas Smith, failed to detect that he had symptoms of rectal cancer.
No5 Chambers barrister Ian Brownhill has acted in the inquest into the death of Edward Ham, a prisoner at HMP Oakwood.
Health Alert — Wong v Sklavo; O'Connell v Barnett; Continence Aids Payment Scheme Variation 2014; and more download
DLA Piper has released the 30 June 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Christopher Gibson QC and Robert Dickason from Outer Temple Chambers have contributed to the APIL clinical negligence book that is set to be published in July 2014.
Health Alert — Medical Board of Australia v Putha; a better start to life for indigenous children; and more download
DLA Piper has released the 23 June 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
A seven-year-old boy who was left with ‘catastrophic’ brain damage after his birth has been awarded £8m in compensation.
Experts’ literature deserves more attention in the earlier stages of cases because of the devastating effect that it can have at trial.
On 14 June, two of Kings Chambers’ clinical negligence practitioners, Helen Mulholland and Claire Steward, swam in the waters of Windermere to raise money for the Child Brain Injury Trust.
No5 Chambers’ Jamie Gamble has represented the family of a woman who contracted norovirus and died after a stay in hospital for a bruised elbow.
Care homes operator pays compensation to family of elderly resident subjected to ‘sickening’ abuse download
The owners of a care home where staff were jailed after being caught abusing an 89-year-old woman have finally agreed a compensation settlement with her family.
Health Alert — Rosten v Mid North Coast Local Health District; Christian Youth Camps v Cobaw Community Health Services; and more download
DLA Piper has released the 16 June 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — McLachlan v Murrumbidgee Local Health Network; Medical Board of Australia v Blomeley; and more download
DLA Piper has released the 10 June 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Anna West, personal injury and clinical negligence solicitor at IBB Solicitors, discusses how to make a personal injury and medical negligence claim.
Anna West, personal injury and clinical negligence solicitor at IBB Solicitors, discusses hate crimes against vulnerable adults.
Alison Wright, senior litigation executive in IBB’s personal injury and clinical negligence team, discusses ‘conditional fee agreements’ to fund personal injury claims.
In this video, Malcolm Underhill, partner at IBB Solicitors and accredited brain injury lawyer, discusses brain injury claims and compensation.
Malcolm Underhill, partner and brain injury solicitor at IBB Solicitors, discusses the possible symptoms and consequences of traumatic head and brain injury.
Alan Jolliffe, who is based in the personal injury and clinical negligence department at IBB Solicitors, discusses noise-induced hearing loss.
New Thalidomide compensation bid download
Eight victims of the Thalidomide drug have filed papers at the High Court seeking compensation 50 years after they were born.
In this video, Alan Jolliffe, senior litigation executive — personal injury and clinical negligence at IBB Solicitors, focuses on mesothelioma.
Health Alert — 2 June 2014 download
DLA Piper has released the 2 June 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
DLA Piper has released the 26 May 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — Sklavos v Australasian College of Dermatologists; Wissa v Associated Newspapers Ltd; and more download
DLA has released the 19 May 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — Health Care Complaints Commission v Khalsa; information regarding Rockhampton Hospital; and more download
DLA has released the 12 May 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Two care home staff, Santhosh Rajan and Marsha Tulloch, have appeared at Burton Magistrates Court on charges of manslaughter following the death of a 91-year-old great-grandmother.
Health Alert — Health Care Complaints Commission v Qasim; Janet Harris v Sydney Local Health District; and more download
DLA has released the 28 April 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Poor care, unanswered requests for help, enforced incontinence and basic neglect are unfortunately all too common in the care of elderly people.
Bernard Thorogood from No5 Chambers has completed the prosecution of Mid-Staffordshire NHS Foundation Trust at Stafford Crown Court.
Medical negligence cases, in an era of increasingly advanced medical research and technological development, are still on the rise.
Eversheds associate Andrew Bennett has commented on news that Mid Staffordshire NHS Foundation Trust has been fined for health and safety breaches.
Health Alert — 28 April 2014: Tamara King by her next friend Kevin King v Sydney West Local Health District; and more download
DLA has released the 28 April 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Tom Gibson from Outer Temple Chambers has appeared for an NHS trust in a successful Mitchell-type strike-out of a clinical negligence claim.
Anxiety over possible health risks is a form of health risk in itself and the inferior strength of the implants has led to them being considered a substandard product.
For a significant percentage of doctors in the UK, the possibility of being sued for clinical negligence affects the decisions they make and the care they offer patients.
The decision in Sadar v NHS Commissioning Board is a stark reminder of the evidential issues that arise when claims are not brought until the claimant reaches majority.
Short-term physical and psychological management and secondary prevention of self-harm in primary and secondary care
In 2004, the National Institute for Health and Care Excellence issued guidance on this subject.
Claimants are required to adduce evidence in order to convince the court that, on the balance of probabilities, the defendant in question is liable.
Adam Farrer has acted for the Health and Safety Executive at the inquest into the death of a female patient who was being detained in a secure hospital in Lincoln.
Warren Collins, a personal injury practitioner and former head of Simpson Millar’s catastrophic injury team, has joined the Penningtons Manches personal injury team.
Health Alert — 14 April 2014: inquest into the death of Thomas Freemantle; Molloy v El Masri; and more download
DLA has released the 14 April 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — 7 April 2014: Plowman v Sisters of St John of God Inc; Janet Harris v Sydney Local Health District; and more download
DLA has released the 7 April 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — 31 March 2014: Re JS; Health Care Complaints Commission v Dr Stephen Poole; and more download
DLA has released the 31 March 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
The clinical negligence group at Penningtons Manches is regarded as one of the leading specialist medical negligence teams in the country.
There has been much discussion around the issue of open disclosure in recent times.
Partner and head of private individuals
At IBB Solicitors, our team of personal injury and clinical negligence solicitors are here to give you the help, advice and support you need.
University Hospitals Bristol NHS Foundation Trust has settled a 20-year pay-out fight and agreed to pay a seven-figure settlement compensating Nathalie Sugden.
Anthony Collins Solicitors has secured £195,000 for a client who suffered spinal injury following surgery.
A recent Court of Appeal decision suggests that it may not be necessary for a defendant to make a Part 36 offer to secure full costs protection at trial.
Health Alert — 24 March 2014: Australian Competition and Consumer Commission v Safe Breast Imaging Pty Ltd; and more download
DLA Piper’s Health Alert provides a summary of the critical judgments, legislation, press releases and news items relevant to the health industry.
Michael Uberoi of Outer Temple Chambers has concluded two lengthy hearings in the Medical Practitioners Tribunal Service (MPTS).
An unsuccessful defendant is only liable for a percentage of the successful claimant’s costs where a claim was pursued but not followed through against other liable defendants.
Health Alert — 17 March 2014: Australian Competition and Consumer Commission v Breast Check Pty; and more download
Health Alert provides a summary of the critical judgments, legislation, press releases and news items relevant to the health industry.
In a group action for damages for defects in breast implants, the claimants were concerned about the financial position of the lead defendant.
Paul Reeves, an employment partner, has discussed whether an employee can stop a disciplinary process and make the employer start again.
Outer Temple Chambers’ Patrick Sadd and Harriet Jerram have been appointed counsel to the Independent Jersey Care Inquiry to look into child abuse on Jersey.
Barrister Adam Farrer from No5 Chambers has acted for the Criminal Injuries Compensation Authority (CICA) in two catastrophic brain injury cases.
DLA Piper has released the 10 March 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Barrister Fiona Horlick from Outer Temple Chambers has successfully defended a surgeon working for the Mid Staffs NHS Trust.
An independent review in relation to Mr Ian Paterson’s conduct at Spire Parkway and Little Aston Hospitals has been carried out by Verita.
In the case of serious irregularities in an employer’s disciplinary proceedings against an employee, the employee may be able to seek an injunction preventing the employer from dismissing them.
DLA Piper has released the 3 March 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Outer Temple Chambers has achieved a payout of more than £500,000 in the case of Ceri Leigh v The London Ambulance Service.
Kings Chambers’ clinical negligence and healthcare team has launched a blog featuring news and views of cases and legal developments.
There may be circumstances when disclosure of a party’s insurance arrangements can be ordered by the court download
A group of litigants has been granted an order for disclosure of a defendant’s insurance arrangements in respect of the defendant’s potential liability in the litigation.
Rankeshwar Batta, Ann Houghton, Alexandra Loxton and Rose Klemperer have all been shortlisted in recognition of their work in the legal sector.
Health Alert — 10 February 2014 download
DLA Piper has released the 10 February 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Health Alert — 3 February 2014 download
DLA Piper has released the 3 February 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Serjeants’ Inn has snared a team of four barristers from rival set Outer Temple Chambers.
Health Alert — 28 January 2014 download
DLA Piper has released the 28 January 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
Acquisitive personal injury firm Neil Hudgell Solicitors has bought the personal injury (PI) and clinical negligence practices of two regional firms in separate deals valued at £1m.
Health Alert — 20 January 2014 download
DLA Piper has released the 20 January 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
There were developments last month in the ongoing discussions around the need for greater regulation of cosmetic medical devices.
This article examines some of the different types of claim or medico-legal query Mills & Reeve received in its Claims Handling Unit or out-of-hours service during 2013.
Anthony Collins Solicitors has completed a three-day inquest into the death of four-year-old Freya Wells.
Shortly before Christmas, the government published its extensive full response to the Francis Report, entitled ‘Hard Truths’.
Health Alert — 13 January 2014 download
DLA Piper has released the 13 January 2014 issue of its Health Alert, which focuses on judgments, legislation and reports in the health sector.
We are regularly instructed by disciplinary authorities and respondents in proceedings dealing with the full spectrum of professional misconduct.
We are experts in coronial law and appear in inquests as well as claims for judicial review of coroners’ decisions.
Tony Hall from Anthony Collins Solicitors has secured a £2m clinical negligence settlement.
In Woodland v Essex County Council the Supreme Court reviewed the law on non-delegable duties of care and set out the criteria when a non-delegable duty arises.
Mills & Reeve has released the December edition of its Health Legal Update.
Richard Matthews of Eversheds has said that the sentencing of Jean-Claude Mas for his role in the PIP breast implant saga represents a ‘significant milestone’.
Managing actual or potential conflicts of interest is essential for every professional.
The Chambers UK Bar Guide has ranked No5 Chambers in 15 practice areas.
Chadwick Lawrence has become the latest outfit to sell off its personal injury (PI) book, with the firm offloading the business to Slater & Gordon.
Disclosure following patient deaths has become a ‘hot topic’ in recent times and particularly since the events in Mid Staffordshire and Morecambe Bay.
Inquests — nowhere to hide: the increasing pressure to disclose and the coroner’s powers of investigation
The increasing pressure to disclose so much more to the coroner means inquests are becoming much more difficult and need careful handling.
On 23 October 2013, the Supreme Court handed down its judgment in the long-running case of Woodland v Essex County Council and in the process rewrote the common law.
Bernard Thorogood has been instructed by the HSE to conduct the prosecution of Mid Staffordshire NHS Foundation Trust for health and safety offences.
Gerard McDermott QC and Harry Trusted from Outer Temple Chambers have acted in the case of Joseph Rea.
Outer Temple has been named Chambers of the Year at the Legal 500 UK Awards 2013.
Outer Temple’s personal injury and clinical negligence teams and David Westcott QC have been shortlisted in the newly launched Legal 500 UK Awards.
Dr Simon Fox, a member of No5 Chambers’ clinical negligence and personal injury groups, has been shortlisted for barrister of the year at the Bristol Law Society’s 2013 Awards.
The clinical negligence group has an outstanding reputation and No5 Chambers is widely recognised as one of the leading centres of legal expertise in the area of clinical negligence.
No5 Chambers has announced that Mark Anderson QC and Nageena Khalique have been shortlisted for The Chambers 100 UK Bar.
The Kings clinical negligence and healthcare law group offers a specialist and accessible service.
Two recent cases focus on the court’s discretion to disapply the Limitation Act 1980 and allow a claim to proceed that would otherwise be time barred.
Outer Temple Chambers barrister James Counsell will be a guest speaker at the CLT conference on the regulation of healthcare professionals later this month.
The Court of Appeal has recently decided cases on two issues that are fundamental to the practice of a solicitor: limitation and the enforceability of settlement terms.
Mrs Williams has a potential claim against two separate parties: Great Crest Care Home and Spotless Floors.
Outer Temple Chambers offers expertise in welfare, deprivation of liberty and property and finance cases in this fast-developing field of work.
We offer specialist advice and advocacy to both claimants and defendants in all aspects of clinical negligence claims and a wide range of healthcare issues.
Our dedicated healthcare team delivers pragmatic advice to healthcare operators, professionals and businesses.
As part of a review of the allegations of sexual abuse by Jimmy Savile, the barrister tasked with considering themes arising from those investigations has invited comment from NHS staff about four issues.
UAE: the standard of care for special care objects and equipment and the extent of liability of its custodian download
The responsibility for objects that need special care or sophisticated mechanical equipment lies with the person who is in control of said objects.
Health Alert — 6 May 2013 download
The 6 May 2013 issue of DLA Piper’s Health Alert publication is available now.
Health Alert — 13 May 2013 download
The 13 May 2013 issue of DLA Piper’s Health Alert publication is available now.
This briefing is intended to cut through the pages of small print and to see where CCGs will stand in the new world order when it comes to planning and securing services for patients.
The Money Advice Liaison Group has released a briefing note on the best practice for appropriately processing data from individuals with mental health problems.
Definition of medical negligence according to UAE law.
Doctors treating transgender patients will be required to adopt a change of attitude or potentially face fitness-to-practise investigations by the General Medical Council.
The appellant was a podiatrist — Raymond Wisson — registered with the HPC. It was alleged by a female colleague that he had made sexually inappropriate comments during a conversation with her at work.
This paper from Shoosmiths looks at the importance of legal representation before regulatory bodies.
The Mid Staffordshire Inquiry’s call for a duty of candour will have far-reaching effects on the NHS and clinical negligence - if it is ever implemented
Alcohol strategy consultation download
The alcohol strategy consultation (“the Consultation) published on 28 November 2012 seeks views on a number of proposed changes to the licensing laws.
Like a handful of her peers, Elizabeth-Anne Gumbel QC chose the bar because a man told her it was no place for a woman.
In a pending False Claims Act case involving allegations of noncompliance with the federal physician self-referral law, the US District Court for the Middle District of Florida has issued a recent order denying the protection of attorney-client privilege.
Irwin Mitchell, Russell, Jones & Walker and Thompsons are among a group of nine firms pursuing claims against a doctor who has been suspended by the General Medical Council after he allegedly performed “unnecessary or inappropriate” breast cancer operations on more than 1,000 women.
Recent publicity about confidentiality or ‘gagging’ clauses in employees’ severance agreements, especially where matters of wider public interest arise, has highlighted the issues involved in the negotiation and drafting of such provisions.
Advice for a previous German federal state government comes back to haunt Gleiss
Charles Russell has pulled out of clinical negligence work after a series of raids left it bereft of any partners in the practice.
Charles Russell personal injury and clinical negligence head Amanda Stevens has defected to Irwin Mitchell just months after Field Fisher Waterhouse (FFW) raided the firm for its London-based medical negligence team.
The call for more openness in healthcare is understandable, but as Katie Costello points out, making it work in practice is not quite so straightforward
Field Fisher Waterhouse (FFW) has hired Charles Russell’s London-based medical negligence team as it looks ahead to a period ofconsolidation in the market.
Beachcroft has bolstered its fledgling Dublin office with the hire of a four-strong team from local Irish firms.
Will justice ever be seen to be done when a profession regulates itself? Nicholas Braslavsky QC of Kings Chambers says it’s time for the independent regulation of healthcare professionals
Lawyers have rounded on NHS Litigation Authority (NHSLA) allegations that the claimant profession is bleeding the NHS dry by racking up massive legal bills.
The legal teams at the NHS regulator and all other adult healthcare supervisory bodies have been overhauled with the creation of super-watchdog the Care Quality Commission (CQC).
One of the bar’s leading clinical negligence sets, 6 Pump Court, will dissolve on 17 January 2005.
The RAC has hit out at recent proposals to raise the ‘small claims’ limit for personal injury work to £5,000. RAC Legal Services head Jonathan Gulliford said the plans, outlined recently by the Lord Chancellor, Lord Falconer, will seriously affect many people claiming compensation for injuries. “Raising the small claims limit is throwing the baby out with the bathwater,” he said.
Hill Dickinson has re-corded a 34 per cent turnover rise for the first six months of the 2004-05 financial year.
Clifford Chance has sealed its first major UK deal for Blackstone Capital Partners (BCP), advising on the private equity firm’s recommended bid for care home business NHP.
LeBoeuf Lamb Greene & MacRae has scooped an IP partner from Hammonds. Head of Hammonds’ biotech/life sciences practices, Marija Danilunas is dual-qualified as a Canadian barrister and a solicitor in England. She left Hammonds in September and becomes the fourth partner lateral this year to arrive at LeBoeuf’s London office. First revealed on www.thelawyer.com 10 November
In ‘NHSLA launches new panel review’ (page 4, 11 October), it was incorrectly stated that George Davies & Co was a panel firm of the NHS Litigation Authority. George Davies Solicitors had been a panel firm until 2003, when it made a strategic decision to stop its clinical negligence work. We are happy to set the record straight.
Established in 1890, Hempsons is anything but an old-fashioned firm. In the 115 years since it was created, when its partners broke away from Slaughter and May, the firm has remained independent, preferring, as managing partner Janice Barber puts it, to “slip the baton and ...
With top sets growing in size to improve financial security, 1 Crown Office Row (1COR) has hired four tenants, including leading clinical negligence silk Elizabeth-Anne Gumbel QC.
The philosophy at Taylor Walton is simple: regional is best.
the Law Society’s stance on referral fees.
There has been much lobbying for tough laws on corporate killing, but the Government has reneged on its promises to make them. By Joanne Harris
Cobbetts has bolstered its IP, information, communications and technology and media teams with the hire of two solicitors for its Manchester office. Laura Harper arrives after a five-year stint at Pannone & Partners, while Sonia Luthra joins the top 50 firm from DWF Solicitors.
Personal injury lawyers hit out yesterday (Wednesday 8 August) at the Law Society’s stance on referral fees.
A new network of London firms is being launched to give personal injury advice across the capital.
Edinburgh firm Balfour & Manson has bolstered its private client practice by merging with GW Tait & Sons. The move will see two GW Tait partners, George Tait and Allen Kerr, join the partnership, along with three associates and the majority of the firm’s staff. The 18-partner firm has expanded significantly this year with the acquisition in May of a substantial part of the personal injury practice of Aberdeen firm Burnside Kemp Fraser and the opening of an Aberdeen office, its first outside ...
Irwin Mitchell’s Leeds office has appointed a new managing partner.
In our article of 9 August 2004 about Merriman White, we reported that the firm was closed for business. We understand however that the firm has been taken over by two new partners: Andrew Crossley and Dominic Murphy, who have bought the practice from its former partners. Merriman White acts for the majority of its predecessor’s clients and employs the vast majority of its support staff and fee-earners and, as before, will be a specialist practice in its core areas of commercial and ...
Some of the highest achievers start late in life. Some of those people end up at the very top of their professions. It’s the benefit of life experience, they say.
Davies Arnold Cooper has announced a trio of promotions and a new appointment at associate partner level. Janie Castle joins the commercial litigation team in London from Paul Hastings Janofsky & Walker, while Gillian Dada, Mark Shaya and Crispin Tomlinson have all been promoted to associate partner level in the product liability, insurance and property divisions. The promotions follow the recent announcement of five new equity partners at the firm.
David Bott, the sole proprietor of Bott & Co, is a man on a mission. He says he wants to “put the people” back into the law.
Gateley Wareing has recruited a new associate to bolster the corporate services division in its Birmingham HQ. Chris Reed, who specialises in acquisitions and disposals as well as joint ventures, joins from Wragge & Co.
Matthew Arnold Baldwin announced a string of promotions last week, including Karen Jones, who became a partner in the firm’s IT and e-commerce division. Five lawyers have also been made up to associate.
Civil Justice Minister David Lammy last week launched another consultation paper on conditional fee arrangements (CFAs), proposing to scrap regulations introduced less than four years ago.
Ian Hopkins, managing partner of South Wales law firm Leo Abse & Cohen (LAC), makes no bones about how the firm needed a shake-up two years ago. “We recognised that big changes were needed and went through an enormous cultural shift,” he admits. “We were a sleeping giant, but we’ve woken up.”
Maxwell Batley has announced a slew of new appointments as part of its ongoing expansion drive. Mandeep Ubbey and Una McNamara join the London firm from Herbert Smith, where they were assistants in the real estate department. Emma Thornington arrives after completing her training in commercial property, property litigation and corporate work at Memery Crystal.
Thames Valley firm Pitmans has appointed a new senior solicitor to its defendant personal injury team. Alan Davies joins from Merriman White, a firm based in London and Guildford. Davies was previously a partner at Gregory Rowcliffe & Milners and Edward Lewis in London and specialises in insurance litigation.
The Law Society is to seek the repeal of a prohibition against limiting the liability of a solicitor in a contentious business agreement.
With sports claims becoming more prevalent, Richard Davies QC and Jonathan Bellamy discuss who will hold the burden of the claims
Barber v Somerset County Council has resurrected the debate on PI claims for occupational stress. Jeff Zindani and Adam Korn give the employer and employee perspectives
No one can be forced to mediate, but refusal to do so could be risky. Ralph Lewis QC reports
The Civil Justice Council has agreed the level of success fees payable under conditional fee arrangements in employer liability accident cases.
The Better Regulation Task Force criticised stories suggesting that the UK is in the grip of a “compensation culture” in a report published last week. ‘Better Routes to Redress’ looks at the perception and management of personal injury claims. It concluded that media reports and claims management companies are encouraging people to make unreasonable claims and that, in response, public bodies go to unnecessary lengths to protect themselves from litigation. The report’s recommendations ...
Bishop Longbotham & Bagnall Solicitors (or, as it would prefer to be known in these days of abbreviated law firm names, BL&B Solicitors) perhaps sums up the dilemma faced by many established regional firms early in the 21st century. Should they keep the faith and retain tried-and-trusted ways of doing things, or jettison the status quo in favour of trendy alternatives, such ...
Leigh Day & Co’s London and Manchester offices have parted ways after the North West four-partner group opted to set up as a separate entity.
Specialist pensions law firm Sacker & Partners has promoted three associates to the partnership: Claire Carey, Alison Cribbs and Joanna Matthews.
JS Miller Solicitors senior managing partner Jeanette Miller knows more than just the technical side of personal injury (PI) litigation. As a trainee solicitor she became a victim herself after she fell down some faulty steps and injured her back at work. She successfully sued and the experience motivated her to form her own eponymous practice. Its ethos would ...
Hopes of a sudden rise in mediation have been shattered after the Court of Appeal ruled against fining two companies that refused to consider alternative dispute resolution (ADR).
South East firm IBB Solicitors is boasting a record turnover of £10.59m for this financial year, an increase of 12 per cent from last yeart. In May, personal injury partner Malcolm Underhill joined the firm from Vizards Wyeth.
A lot of law firms talk about understanding their clients’ needs, but Clarke Willmott claims to offer “more understanding”. This is the South West firm’s brand, and it means what it says. “It could sound a bit nebulous,” says managing partner David Sedgwick, “but we’re serious.”
Edinburgh’s Balfour & Manson has scooped the bulk of the personal injury (PI) practice of Aberdeen’s Burnside Kemp Fraser, gaining its first office outside the Scottish capital in the process.
One of the bar’s top personal injury barristers has effectively been barred from sitting as a part-time judge because of a perceived claimant bias identified through articles he wrote for The Lawyer.
Taylor Wessing shuts down clinical negligence group" /Taylor Wessing has closed its defendant clinical negligence department, which brought in £1m a year, because of the squeeze by insurers on lawyers’ rates.
Bond Pearce in clinical negligence expansion" /Bond Pearce has launched a claimant clinical negligence practice in Bristol as it continues to expand its insurance defence offering.
Birmingham mega-set No 5 Fountain Court has become the first set to reach 150 tenants with the hire of a five-strong personal injury (PI) team from local rival St Philips. The set is also poised to launch a Bristol office, its third site in the UK after London and Birmingham. Graham Cliff, formerly head of the PI team at St Philips, Stephen Campbell, David Tyack and William Pusey are all to join No 5’s highly-rated PI practice. In turn, St Philips has taken on rated employment barrister ...
Withy King managing partner Martin Powell is unequivocal in his commitment to new ways of doing things. “To move with the times a firm has to be run as a business, not a traditional partnership,” he argues. “You’ve got to recognise the value of your capital assets and finds ways to value the firm’s work-in-progress and its goodwill in a way that keeps everyone enthused.”
Crown Office Row has hired two junior tenants from Kings Chambers in Manchester. The barristers, John Cooper and Simon Antrobus, specialise in health and safety and corporate manslaughter. For the last seven years they have acted for the Department of Trade and Industry in Griffiths v British Coal Corporation.
A judge made the case for tougher laws governing illegal motorists after being forced to cut his own sentence in the controversial case of an asylum seeker who failed to stop after he ran over and killed a nine-year-old boy.
A radical overhaul of funding arrangements for group action litigation is understood to be under consideration.
Lawyers at Wiltshire-based firm Withy King have won a major victory against two hospital trusts, with a Coroner’s Court returning the unusual verdict of death by “natural causes, contributed to by neglect”.
It was an eventful 2003 for Newcastle’s Gibson & Co. In just a year the 300-year-old firm grew from four partners to six with the hire of two Allen & Overy (A&O) litigators.
The funding of multiparty clinical negligence actions can be anything but fair, says Adam Korn
The amount of criticism aimed at PI means practitioners need to move with the times, argues Fraser Whitehead
The bad times of Claims Direct and TAG are still fresh in the memory, but as Keith Miles argues, PI lawyers are positive about what the future holds
Law firms’ PI practices are fighting a tempestuous market and the legacy of the claims managers. Brendan Malkin investigates the flipside of the PI market
A group of South West firms has responded to a troubled personal injury market by banding together to promote their services. Under the banner of the ‘Wessex Accident Link’, the eight member firms, which are based across Dorset and Hampshire, have each contributed to the cost of local radio advertising and the use of a call centre. The firms, ranging in size from two partners to 14, are Biscoes, Churchers, Dickinson Manser, Glanvilles, Knight & Co, Lawcomm, Steele Raymond and White ...
The people of Milton Keynes were, until recently, inhabitants of the largest conurbation without a league football team in Europe. The consortium Inter MK was formed to change all that. It spearheaded the drive to bring London’s Wimbledon FC to Milton Keynes. This season, Wimbledon has played in front of capacity crowds in its temporary home of the Milton Keynes ...
Last November, Kent firm Whitehead Monckton underwent a complete rebranding in a bid to raise its profile, not only in Kent but also across the South East. Its aim was to signal that the firm was no longer just a high street practice.
The Master of the Rolls yesterday attacked the UK’s shameful record on looking after accident victims. Lord Phillips of Worth Matravers made a plea for the Government to back the rehabilitation of those affected in its forthcoming plans to deal with the spiralling costs of employer’s liability insurance.
Alexander Harris has lost its head of personal injury (PI) to South London law firm Anthony Gold. Jenny Kennedy is a serious injury specialist. She joins the firm as a partner. The appointment follows on from Anthony Gold’s recent mergers with local firms Warren & Co in Streatham and Jockelson McNulty & Co in Walworth.
The Birmingham office of Russell Jones & Walker is to lose one of its three partners at the end of the year, with the departure of John McDonnell and a senior associate.
A triumvirate of law firms has joined forces for one of the fewbillion-pound deals of the year, General Electric's (GE) £5.7bntakeover of UK healthcare group Amersham.GE has turned to its usual UK law firm Slaughter and May for corporatead...
Clarke Willmott has broken new ground by arranging a separate funding facility with its bank, RBS, for its burgeoning personal injury (PI) practice. The move is an acknowledgement of the practice area's recent growth at the firm and the nature of PI work generally.The funding, established in the current financial year, is based on a proportion of the value of the work in progress (WIP) Clarke ...
Children in child abuse cases may go unprotected because doctors are too afraid to speak out. Bertie Leigh reports
As with any kind of new technology, telemedicine's growth is unstoppable. Will Marshall warns that this brave new world needs regulating
Does the Chief Medical Officer’s report into clinical negligence in the NHS signal the end of the Bolam test? Nicholas Wilkes discusses the merits of the old method as against new plans
The judgment in a groundbreaking challenge to the current law relating to IVF treatment, as laid down by the Human Fertilisation and Embryology Act 1990, is expected at the Royal Courts of Justice on 1 October.
The Association of Personal Injury Lawyers (Apil) has launched a campaign to raise awareness among women of the dangers lurking in hair dyes.
Personal injury (PI) firm Underwoods held talks last Friday (12 September) with Nottingham Law School on establishing a formal tie-up to train solicitors for its recently-launched South African operations (The Lawyer, 1 September).
Legal profession voices fears that 'vague' guidelines will hamper health and safety investigations
Stringent criteria ruling the law on psychiatric injury do not allow for cases to be judged individually. Alan Eadie says that worthy cases may not be getting the justice they deserve
The Government is hoping to dig itself out of a hole with its new £30K NHS redress scheme. But will victims of negligence get short changed?
Manchester firm Donns Solicitors is seeking damages and an injunction against a former partner after she allegedly solicited for business from clients before leaving the firm.Former personal injury partner Lesley Casey allegedly sent letters to clients on Donns' headed notepaper together with the brochure for her new firm, Alexander Harris, on 25 April this year.She is now being sued personally by Donns senior partner Raymond Donn, who is understood to hold all ...
Personal injury (PI) and clinical negligence firm Pattinson & Brewer is being sued for negligence by a brain damaged former electrician.
Nick Brown has quit 4 New Square for Doughty Street Chambers to develop his civil liberties and clinical negligence practice. Brown's broad-based professional liability practice has increasingly focused on clinical negligence and personal injury claims. He also developed a niche civil liberties practice. He is presently acting for Mumia Abu-Jamal, the prominent black activist on death row in Pennsylvania.
A professional negligence barrister is seeking leave to appeal to the House of Lords to overturn a finding of negligence against her.
Scottish firm Maclay Murray & Spens has bolstered its London-based corporate practice with the appointment of Jonathan Brooks, head of Boodle Hatfield's corporate department. Brooks specialises in a wide range of work for private companies and joint ventures with particular focus in the healthcare, financial services, computer software and e-commerce sectors.
Russell Jones & Walker (RJW) has sought to distance its New Claims Direct service from that of The Accident Group (TAG), which collapsed last week, as well as from the old Claims Direct service, which RJW purchased in February 2003.
Leading medical negligence silk Paul Rees QC is himself being sued for negligence by the Medical Defence Union (MDU).
Claimant lawyers acting in the organ retention litigation were slammed in the High Court last week for overestimating the number of hours they would spend in preparation and during the trial.
Heavyweight personal injury (PI) firms, including Leigh Day & Co and Pannone & Partners, have signed up as shareholders of Manchester firm Amelans' TV-advertised claims company injurylawyers4u.
Brick Court Chambers has recruited Tim Lord from 2 Temple Gardens. Lord has focused on personal injury and insurance work in the past, but has been signed to assist Brick Court with its banking and financial services work. He spent 10 years at 2 Temple Gardens after qualifying at Slaughter and May.
TAG might not be the most popular company, but it is certainly successful. Its founder Mark Langford meets Jon Robins and tries to dispel some myths
GlaxoSmithKline is carrying out a complete review of its outside law firms and will have a new panel by the end of the year.
New head Wilkinson to reassess external lawyers; Bristows to benefit
Allen & Overy (A&O) is acting on what is believed to be Europe's largest ever biotechnology deal.
Clarke Willmott & Clarke's medical team has hired the clinical negligence specialist who is advising the National Committee Relating to Organ Retention (Nacor).
Bristol firm Burroughs Day has launched a specialist biotechnology acquisition and intellectual property (IP) unit.
Fiona Callister finds out how Bevan Ashford chief executive Nick Jarrett-Kerr is reacting to a reduction in work for English firms due to changes prompted by Welsh devolution
Nabarro Nathanson has clinched a biotechnology deal for Genpak through its involvement with a venture capitalist workshop, dubbed Venturefest.
Personal injury (PI) firm Thompsons has appointed a chief executive officer, a chief finance officer and a chief operations officer as part of its strategy to devolve decision-making away from the partners. Senior managing partners Geoff Shears and Frank Foy have been appointed CEO and COO respectively. Both partners are PI and trade union lawyers.
Personal injury firm Thompsons has defied years of legal tradition by becoming the first major law firm to structure itself as a plc.
The head of legal at biotechnology company Novartis UK is leaving to join Clyde & Co.
Lawrence Graham is turning its back on two partners and around £1m worth of fees in the closure of its defendant personal injury practice.
Long-established personal injury (PI) and professional and clinical negligence chambers 199 Strand is to undergo a major overhaul of its management structure as it becomes more proactive about bar reforms.
Will PFI lead to healthcare privatisation by the back door? Robert Parr reports on the implications for lawyers
London firm Vizard Oldham is taking on a leading healthcare litigation partner from Capsticks in a drive to turn its focus away from insurance litigation.
Neither Thomas Beecham, who launched his Beecham's laxative pills way back in 1842, nor John K Smith, who opened his first drugstore in Philadelphia several years before, could have imagined the huge empire their businesses would become.