We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance

Results:1-10 of 625

Establishing negligence in clinical negligence cases
  • Stewarts
  • United Kingdom
  • October 24 2017

Doctors owe a duty of care to their patient. The law defines this as a duty to provide care that conforms to the standard reasonably expected of a competent doctor.

Causation in Medical Consent Cases post-Montgomery: two 2017 cases
  • 1 Chancery Lane
  • United Kingdom
  • June 27 2017

So far in 2017 there have been two cases which have clarified the need for claimant parties to establish causation on a conventional basis in cases

Advice again....
  • 1 Chancery Lane
  • United Kingdom
  • April 11 2017

Over the last fortnight, two cases caught my eye in the field of professional negligence: First, a case that has finally clarified the scope of duty

Robert Smith v Portswood House Limited 2016 EWHC 939 (QB)
  • Clyde & Co LLP
  • United Kingdom
  • April 26 2016

High court reiterates burden of proof on claimant to prove negligent exposure to asbestos, and clarifies meaning of “substantial dust” as set out in

Material contribution: Privy Council confirms there is no distinction between simultaneous and consecutive “cumulative” causative factors
  • Kennedys Law LLP
  • United Kingdom
  • March 24 2016

The Privy Council of the United Kingdom has affirmed that in order to succeed on causation in a medical negligence claim where there are cumulative

Loss of Chance to obtain better outcome in commercial negotiations
  • DAC Beachcroft
  • United Kingdom
  • March 22 2016

Although a claim against a firm of solicitors, the Harding Homes v Bircham Dyson Bell decision is of significance to accountants and financial

Ammunition for defendants: claimants may have to waive privilege to prove mitigation
  • RPC
  • United Kingdom
  • September 30 2014

The High Court recently found in a solicitors negligence claim that a claimant acted unreasonably in (1) settling an arbitration and then (2)

Percentage chance v balance of probabilities
  • Kennedys Law LLP
  • United Kingdom
  • September 24 2013

The Defendant solicitors were instructed by an elderly client to prepare a new will to include the Claimant as a beneficiary. Because of delays by the

Removal of statutory basis for injury claims
  • Gowling WLG
  • United Kingdom
  • November 8 2012

The Government's proposed amendment of Section 47 of the HSWA through the Enterprise and Regulatory Reform Bill is turning out to be a highly contentious change.

Winds of change
  • Mills & Reeve LLP
  • United Kingdom
  • October 27 2011

When there is a change in the law (or more accurately, when the courts clarify what the law always was), the impact can be significant to professional indemnity insurers.