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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.