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Despite the illegality of her actions, a person who had engaged in mortgage fraud was not barred from bringing a claim for professional negligence against her solicitors for negligently failing to register the forms for the transfer of the property. [43] Ecila Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43: 30 ...
The NHS Redress Act 2006 (c 44) was passed and enacted by the Parliament of the United Kingdom on November 8, 2006. The policy provides a non-adversarial and quicker alternative to the traditional legal process for resolving clinical negligence claims within the NHS. The policy was enacted to compensate patients who have suffered harm due to ...
Case name Citation Date Legal subject Summary of decision Paul & Anor v Royal Wolverhampton NHS Trust [2024] UKSC 1 11 January 2024 Tort law, Nervous shock: A person cannot claim compensation for a recognised psychiatric illness caused by witnessing the death or injury of a close family member or other loved one due to medical negligence.
The court allowed an appeal against a stay on the award of damages under the Human Rights Act 1998 s 8 for breach of Article 2 of the ECHR confirming that a claim for damages can run concurrently with an inquest. [9] KV (Sri Lanka) v Secretary of State for the Home Department [2019] UKSC 10: 6 March Immigration law, Right of asylum, Istanbul ...
Case name Citation Date Legal subject Summary of decision R (Haralambous) v Crown Court at St Albans [2018] UKSC 1 24 January Constitutional law, Search and seizure: Closed material procedures could be used in a judicial review of a Crown Court decision and there was no minimum core of material that the government was required to disclose to the other party where such procedures were used.
The NHS Litigation Authority was established in 1995 as a special health authority. [2] Its current duties are established under the National Health Service Act 2006. [3] It began using the name NHS Resolution in April 2017, reflecting a change of role to "the early settlement of cases, learning from what goes wrong and the prevention of errors" according to Jeremy Hunt, Secretary of State for ...
In January 2018, NHS England announced that NHS hospitals in England would no longer provide office or advertising space for lawyers who encourage people to take the NHS to court. [8] In 2019/20 11,682 medical negligence claims and reported incidents were received by the NHS – an increase of 9.3% on 2018/19.
Claims under the 'loss of a chance' doctrine in medical negligence are actionable only where it is more likely than not (>50% likely) that the defendant's negligence caused the plaintiff to lose the chance of recovery. Caparo Industries Plc. v Dickman: 1990 Pure economic loss in tort. Duty of care. Attorney-General v Guardian Newspapers Ltd ...