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Article 2022-08-03
Issues surrounding qualified one-way costs shifting (QOCS) in multiple defendant cases notably found their way to the Court of Appeal back in 2018 with Cartwright v Venduct Engineering Ltd [2018].
Article 2022-06-15
The Mental Health Units (Use of Force) Act 2018 received Royal Assent in November 2018, with the provisions of the statute coming into effect on 31 March 2022. In this article, we look at the key requirements covered in the Act.
Article 2022-06-15
A summary of key developments including a political landscape roundup, an update on the Damages Claims Portal, the new sixteenth edition of the Judicial College Guidelines, and the reversal of Vnuk.
Article 2022-06-15
A roundup of recent court decisions including provisional damages and mitigation of loss for a dementia patient, issuing claims in the correct court, a common sense approach taken in a Scottish injury case, and participant v participant incidents in competitive sport.
Article 2022-06-10
In 2021, Governor Pritzker signed into law SB 0072, which represented an amendment to the Illinois Prejudgment Interest Statute, 735 ILCS 5/2-1303. The relevant part of the Amendment provides, “In all actions brought to recover damages for personal injury or wrongful death resulting from or occasioned by the conduct of any other person or entity, the plaintiff shall recover prejudgment interest on all damages, except punitive damages, sanctions, statutory attorney’s fees and statutory costs.”
Article 2022-06-09
The Grieving Family’s Act has passed through the New York Senate and is now set to become law. The amendments to a nearly one hundred and fifty year statute brings significant changes that are likely to increase case value for defendants and their insurance carriers. The key takeaways from the passed bill and what will certainly be a subject of future litigation is discussed in our article.
Article 2022-05-17
In this article, we explore the key findings, recommendations and lessons learned following the largest review into maternity services at an individual NHS Trust, chaired by senior midwife, Donna Ockenden.
Article 2022-05-17
A summary of key developments which include the Ockenden review; recommendations for NHS litigation reform; proposals for fixed recoverable costs in lower value clinical negligence claims; the draft Mental Health Act Reform Bill; the Health and Care Act and the Judicial Review and Courts Act; and the Mental Capacity Act 2005 Code of Practice and Liberty Protection Safeguards system.
Article 2022-05-17
A roundup of recent court decisions raising issues relating to non-delegable duty of care; the reintroduction of a claim following earlier discontinuance; secondary victim claims and clinical negligence; and future care and capacity.
Article 2022-05-04
Inquest into the death of NHS employee Mark Woolcock from COVID-19 concludes that NHS did not breach employer duty.
