The Government has finally issued a response to its consultation on fixing costs for medical negligence claims. The aim, it appears, is to reduce the costs for the NHS. Claimant’s personal injury solicitors and the Association of Personal Injury Lawyers (APIL) are needless to say disappointed at the response which appears to focus on the
On 16 March 2017 new regulations were laid out by the Government in response to a Tribunal decision in the case of MH v Secretary for State for Work & Pensions 2016. The new regulations in effect excluded eligibility by a claimant who may have suffered from a mental illness or psychological distress. These new
On 24 January 2018, the Court of Appeal delivered its decision in Mundy -v- The Trustees of the Sloane Stanley Estate  EWCA Civ 35. The case concerned valuation principles for residential lease extensions under the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). One of the components of a lease extension premium
1) Cyclists There are still substantial gaps in the law and a very clear and obvious example of this is the case of R –v- Charlie Alliston. This was a case where a cyclist, who was aged 18 at the time, crashed into a 44 year old pedestrian whilst travelling on a fixed wheel track
The government has suggested several proposals to help boost the property market. The main focuses are to help speed up the conveyancing process and help restore consumers’ confidence. Proposal 1 – Buyers and sellers to use the same solicitor At present this is extremely rare as there is much room for a conflict of interest.
The National Audit Office recently published its report managing the costs of clinical negligence in Trusts. Sadly and rather disappointingly, the report has placed little emphasis on its recommendations in 2001 to the NHS to reduce the number of clinical incidents. Instead, the focus of the report appears to be solely on claimants’ lawyers’ costs.
The draft Health Service Safety Investigations Bill launched by the Government creates a Healthcare Safety Investigation Branch (HSIB) as an independent statutory body with legal powers to conduct investigations into patient safety incidents. However, despite this, the Bill appears to explicitly prohibit HSIB from disclosing information even to the patient who has been affected or
For a fairly significant birthday this year (a clue it was somewhere between 30 and 50), my wife and I rode our bikes around the Olympic Velodrome sitting in London’s Queen Elizabeth Olympic Park. It being a few years since my cycling proficiency, my nerves were turned right up to maximum. The fact that our
With accurate information and proper advice it is perfectly possible to live well into old age in the way you would like. A little planning is key. First you need to understand what options are available to you, decide what you would like and then work out how to achieve it. Richard Bates at Coole
This was the decision of Mr Justice Jackson in a recent case involving M, a 50 year old woman who had Huntington’s disease. Here the court agreed with the hospital and her family that withdrawing nutrition from her was in her best interest. She died in August 2017. In future, therefore, a court ruling will