Personal Injury and Medical Law Briefing – July 2021

Reset 1 Chancery Lane shortlisted in British Claims Awards 1CL Top Ranked in Chambers & Partners UK Bar 2022 1CL Webinar: All Change for Clinical Negligence 1CL Webinar: Assessment of Damages in Professional Negligence Claims 1CL Webinar: Beauty Treatment Claims: Injuries, Insurance and Proving the Claim 1CL Webinar: Capacity and Traumatic Brain Injuries 1CL Webinar: Non-Party Costs Orders and Civil Fraud Update 1CL Webinar: Cladding Claims: How to Bring them and How to Defend them in 2022 1CL Webinar: Claims for Deliberate Acts under the Package Travel and Linked Travel Arrangements Regulations 2018 1CL Webinar: Contractual Liability in Holiday Claims 1CL Webinar: Credit Hire Update and Whiplash Reforms Implementation 1CL Webinar: Cross-Border Clinical Negligence Claims 1CL Webinar: Cross Border Procedures 1CL Webinar: Dealing with Deaths Abroad 1CL Webinar: Fundamental Dishonesty in Clinical Negligence Proceedings 1CL Webinar: How to Get the Most out of your Part 36 Offer 1CL Webinar: Managing Capacity Issues in Personal Injury Proceedings - a Practical Guide 1CL Webinar: Travel Law: the State of It 1CL Weekly Webinar: Tackling Issues of Consent and Material Contribution in the Clinical Context A ding-dong over a ding-dong: the potential perils of home security A salutary reminder of Part 36 cost consequences – MRA v The Education Fellowship Limited [2022] EWHC 1069 (QB) AB v BB [2022] EWHC 1965 (Fam) DHCJ David Lock QC Ali Ali sentenced to a whole life order for murder of Sir David Amess MP. Tom Little QC leading Jonathan Polnay of 5KBW for the Prosecution Amputation Claims Revisited Analysis on proportionality in costs assessments: how worried should we be? And the DoH wonder why there is a rise in adverse incidents and costs… Andrew Ritchie QC named PI/Clin Neg Silk of the Year at the Chambers UK Bar Awards Andrew Warnock QC discusses the UK's Bill of Rights in 1COR Law Pod Another “Failure to Advise” Case: Solicitor's Negligence Recast? APIL Webinar: Accidents Abroad Conference 2021 Applying for an extension of time for service of a claim form (ST v BAI) Are lawyers really overcharging the NHS in clinical negligence cases? Bailey survives Bermuda - Material Contribution in Clinical Negligence Case Note: Tindall v Thames Valley Police [2022] EWCA Civ 25 Chambers is pleased to announce the appointment of 6 members to the Specialist Regulatory Advocates Cheri-Ann Vincent & Dr Dean Burnett v Andrew Lucas (t/a AG Lucas Co.) Children and Protected Parties Christopher Stephenson speaking at launch of PIC London office Christopher Stephenson speaking at launch of PIC Norwich office Civil Fraud Claire Harden-Frost and Thom Dyke secure convictions in first ever modern slavery fraud case Clinical Negligence & Healthcare Clinical Negligence Claims in England and Wales August 2015 Clinical Negligence Claims reviewed by specialist for The Law Society Clinical Negligence team hold successful seminar on vulnerable victims of medical negligence Commercial, Chancery & Property Costs budgeting to be disapplied in the QBD for three months Costs/Costs Set-Off not possible in QOCS cases – the Supreme Court settles the question … for now: Ho v Adelekun [2021] UKSC 43 Court of Appeal Judgment in Paul v Royal Wolverhampton NHS Foundation Trust Court of Appeal Judgment in Tindall v Thames Valley Police Court of Protection Covid-19: A pandemic of claims? Crime & Fraud Crown Court CTL rulings were unlawful Croydon Tram Crash Cyrus Katrak joins 9 Gough Chambers Deka Chambers has been shortlisted for Chambers of the Year at the Family Law Awards 2022 Deka Chambers Ranked in Legal 500 2023 Deka Chambers shortlisted in Chambers UK Bar Awards 2022 Deka Chambers shortlisted in Personal Injury Awards 2022 Dekinar: Consent in Clinical Negligence Claims Dekinar: Expert Evidence: Back to Basics and Joint Reports Disapplication of limitation period for clinical negligence claims: Wilkins v University Hospital North Midlands NHS Trust Ed Lamb and Jake Richards deliver training on contemporary topics in complex private law children cases Edward Lamb appears in London Borough of Hackney v P & Ors [2022] EWHC 1981 (Fam) Edward Lamb published in leading legal publications Edward Lamb secures a maximum award under the 2008 Criminal Injuries Compensation Scheme for an injured appellant End of Covid Restrictions under the Corporate Insolvency and Governance Act on the Issuing of Winding Up Petitions Estoppel in Personal Injury Practice EU Settlement Scheme for children in care - What next? Failure to Remove Claims and Section 20 Accommodation: YXA v Wolverhampton City Council 'Failure to remove' claims: HXA v Surrey CC and YXA v Wolverhampton CC in the Court of Appeal ‘Failure to Remove’ Claims in the High Court: the Appeals in HXA v Surrey County Council and YXA v Wolverhampton City Council ‘Failure to Remove’ Claims: Some Further Developments Failure to remove claims - the Osman test in the context of domestic violence Families of those killed in the Tunisia beach massacre fear Government has succumbed to tour operators Family Law FCA Uses Emergency Powers to Preserve Assets of Financial Advisory Firms Francesca O'Neill successful in Professional Negligence trial Francesca O'Neill successful in striking out professional negligence claim with indemnity costs Francesca O’Neill successfully obtains Extended Civil Restraint Order in the High Court following strike out Gareth Munday and Stephanie Hayward secure convictions for conspiracy to traffic women for sexual exploitation, and conspiracy to control prostitution for gain, following 9-week trial Gaurang Naik secures substantial settlement for the estate of young school boy Giles Mooney wins High Court Clinical Negligence Claim Grahame Aldous QC and Stuart McKechnie succeed in High Court clinical negligence trial Hart v Marshalls (2022) High Court, Newcastle District Registry High Court Judgment in Traylor and Traylor v Kent and Medway NHS Social Care Partnership Trust Ho v Adelekun [2021] UKSC 43 - set off is a form of enforcement Husband and wife sentenced for 34 offences in respect of the abuse of young girls Ian Clarke speaking at Association of Police Lawyers Conference Inquest into the death of Yassar Yaqub Inquests & Inquiries Jake Richards invited to speak at the Association of Surgeons in Training's Annual Conference (ASiT 2018) James Thacker and Laura Hibberd successfully prosecute OCG that flooded London market with substantial quantities of drugs and used EncroChat James Thacker represents the Appropriate Authority in Met Police Disciplinary proceedings Jennie Oborne and Lucy Lodewyke give webinar on civil asset recovery Jennifer Newcomb is appointed to Level 4 of the CPS Advocate Panel Jennifer Newcomb secures convictions of two former Directors of £37m 'ethical' green investment schemes Jennifer Newcomb writes article for the June AvMA's newsletter John Foy QC and Edwin Buckett settle case for £3.35m John Foy QC and Stuart McKechnie secure compensation of over £11m for a teenager who suffered brain damage after a negligent operation John Foy QC, Edwin Buckett and Max Melsa featured in this month's edition of PI Focus John Schmitt represents family at the inquest touching Heike Mojay-Sinclare Johnathan Payne secures a six-figure settlement on an Admiralty claim Judgment handed down in Ali v Luton Borough Council Judgment handed down in Noble v University Hospitals Plymouth NHS Trust Judgment in CDE v Buckinghamshire County Council Judgment in Rosario Sanchez v University of Bristol Landmark Decision Confirms that Primary Care Providers Are Entitled to Interest at the Rate of 8% on Damages Laura Begley wins Legal 500 Junior of the Year 2018 - Personal Injury & Clinical Negligence Legal 500 Bar Awards - Shortlisted Legal 500 Chambers of the Year 2018 - Personal Injury & Clinical Negligence Linda Nelson and Grahame Aldous QC win 'unwinnable' clinical negligence claim in High Court Lloyd v Google LLC [2021] UKSC 50 – a £3 billion saving for Google. Lord Chief Justice allows Attorney General's Reference on a point of law relating to the Colston Statue Case Lord Chief Justice clarifies ambit of the so called ‘right to protest’ and its impact on some criminal offences LYING IN WAIT Ian Clarke on trial by ambush and fundamental dishonesty Material Contribution in Clinical Negligence - Revisited Medical Law Briefing - December 2021 Members of 9 Gough Chambers deliver a successful hybrid Personal Injury Summer Seminar Members of 9 Gough Chambers deliver in-house seminars to Leigh Day Solicitors on inquests and fatal accidents claims MOJ Discount Rate Consultation - Grahame Aldous QC Response Montgomery and the “new” test for consenting Motor Vehicle (Compulsory Insurance) Act 2022 Natasha Partos joins 9 Gough Chambers New Healthcare Safety Investigation Branch - Can going into hospital be as safe as taking a flight? News Analysis: Health and Social Care Act 2022 NICE publish important new Guidelines dealing with rehabilitation after traumatic injury Personal Injury Plans for further Whiplash Reforms Shelved by MOJ Police Law Privacy in the context of criminal investigations: Bloomberg LP v ZXC [2022] UKSC 5 Professional Negligence Professional Negligence and Clinical Negligence Briefing - June 2021 Psychological issues and surgery: The need for a second opinion Public Sector & Human Rights R (Morahan) v Assistant Coroner for West London Recent High Court guidance on Fundamental Dishonesty Regulatory & Disciplinary Retained Jurisdiction: When Can Practitioners Be Certain That The Courts Will Accept Jurisdiction Over Claims Arising Out Of Accidents Abroad? RH v (1) Optimum Technical Services (2) SP Power Systems (2022) Saggerson on Travel Law and Litigation 7th Edition Now Available Simon Butler succeeds in Civil Trial for Clinical Negligence against a Specsavers Optometrist Solicitor appears before the Solicitors Disciplinary Tribunal following a multi-million pound fraud in the City of London Special Briefing - Holiday Cancellations and Refunds: Is the Flicker of Hope Test a Thing of the Past? Special Briefing - The Brexit Bonfire: The Retained EU Law (Revocation and Reform) Bill Sports Law Update 2: The Whyte Review and its implications for abuse claims Sports Law Update: Fulham Football Club v Jones [2022] EWHC 1108 (QB) Sports Law Update: Johnson v Williams [2022] EWHC 1585 (QB) Sports Law Update: McEwan v Canadian Hockey League 2022 BCSC 1104 Sports Law Update: Sally James v USM Events Pty Ltd [2022] QSC 63 Stuart McKechnie QC and Helen Pooley settle birth brain injury claim for capital equivalent of just under £33.2 million Stuart McKechnie wins 5 day clinical negligence trial involving world renowned shoulder expert Substantial sentences follow successful EncroChat prosecution Success in claim under the Montreal Convention Summary of the Personal Injury and Clinical Negligence Claims Market in England and Wales July 2015 Tainted Expert Evidence No Answer to Bolam Claim Says Court of Appeal TATLA Newsletter - August 2022 Tearing up the definition of ‘accident’ under the Montreal Convention – The judgment of the CJEU in JR v Austrian Airlines Tenant convicted of murdering his landlords sentenced to life imprisonment The de minimis principle in practice. When is a data breach too trivial to found a claim: Rolfe and others v Veale Wasbrough Vizards LLP The Dekagram 17th October 2022 The Dekagram 24th October 2022 The Dekagram 31st October 2022 The Dekagram 10th October 2022 The Electronic Money Regulations 2011 and the Insolvency Act 1986: Statutory Trusts, the Asset Pool, and the waterfall provision The Estate of Brian McAlister (by Angela Suttle, executrix) v J D Wetherspoon Plc (2022) The NHSLA's 2015 Annual Report - Comment and review part 3 The private law liability of public authorities: the curious case of Transport Arendonk BVBA v Chief Constable of Essex Police The proper scope of the Tort of Misuse of Private Information: Positive Acts, Data Security and Costs implications. The Weekly Roundup: The All About Aviation Edition The Weekly Roundup: The Alliterative Edition The Weekly Roundup: The Arty Edition The Weekly Roundup: The August Edition The Weekly Roundup: The Badly Behaved Edition The Weekly Roundup: The Be Careful What You Wish For Edition The Weekly Roundup: The CJEU Edition The Weekly Roundup: The Costly Edition The Weekly Roundup: The Establishing Jurisdiction Edition The Weekly Roundup: The EuroEdition The Weekly Roundup: The Extrajurisdictional Edition The Weekly Roundup: The Feline Edition The Weekly Roundup: The Getting It Wrong Edition The Weekly Roundup: The Multijurisdictional Edition The Weekly Roundup: The Procedures Edition The Weekly Roundup: The Self-Congratulatory Edition Theodore Bunce Succeeds in Application for ‘Exceptional’ Non-Party Costs Order Third edition of “Clinical Negligence Claims: A Practical Guide” is now published Thom Dyke is appointed to Level 4 of the CPS Advocate Panel Thom Dyke secures not guilty verdict in attempted murder Tim Parker appointed Queen’s Counsel Tindall and another v Chief Constable of Thames Valley Police and another [2022] EWCA Civ 25 Tom Goodhead secures £150,000 settlement of Clinical Negligence claim Tom Goodhead secures settlement in Welsh NHS Case Tom Little QC represents DPP in Court of Appeal in a Family case relating to the privilege against self-incrimination and disclosure to the Police and CPS Travel & Cross Border Claims Violent Offender Orders - their underuse and the potential consequences of their underuse Wayne Couzens pleads guilty to the murder of Sarah Everard Wayne Couzens receives whole life sentence Wayne Couzens' whole life order upheld by the Court of Appeal Webinar Recording: All Change for Clinical Negligence Webinar Recording: Assessment of Damages in Professional Negligence Claims Webinar Recording: Capacity and Traumatic Brain Injuries Webinar Recording: Cladding Claims: How to Bring them and How to Defend them Webinar Recording: Contractual Liability in Holiday Claims Webinar Recording: Data Protection & Privacy - The Police, Subject Access Requests and a General Update Webinar Recording - Fundamental Dishonesty in Clinical Negligence Proceedings Webinar Recording: Gas or Fog? An Update on s21 Possession Claims Webinar Recording: Limitation, Date of Knowledge and Section 33 Webinar Recording: Unlawful Eviction and Disrepair Claims Webinar Recording: Vicarious Liability - Hunting the Chimaera