Category Archives: Negligence

‘Judges owed a duty of care, government concedes’

“Ministers and the senior judiciary owe judges a duty of care, the government has for the first time accepted in a landmark concession in a claim alleging judicial bullying and negligence. The admission comes amid growing complaints of bullying among the judiciary and could precipitate a flood of claims by judges …” (more) [Catherine Baksi, […]

‘Quebec court dissent in liability case “goes too far” on obligation to carry mobile device: lawyer’

“A divided Quebec Court of Appeal may have opened the door towards a positive obligation to carry a mobile phone when doing physical outdoor activities as a precaution against foreseeable risk or face the possibility of being held to account for a contributory fault, according to experts. In a ruling that examines the principles of […]

‘Proposed changes to the Defective Premises Act’

“Many changes have been introduced since Grenfell to address the cladding crisis including the establishment of various loans, funds, plans for new regulators, new taxes, levies and new rules to govern building safety throughout the lifetime of a building. Last weekend, news broke of the latest initiative …” (more) [Gareth Stringer and Katharine Tulloch, Thomson […]

‘Secondary Victims: Still Second-Class Claimants?’

“In King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB), the High Court once again demonstrated the difficulties faced by Claimants who suffer psychiatric conditions as a result of witnessing loved ones (in this case, a new-born baby) die in hospital …” (more) [Nikhil Arora, Ropewalk Chambers, 12 July]

Rob Heywood, ‘Systemic negligence and NHS hospitals: An underutilised argument’

INTRODUCTION The ongoing Covid-19 pandemic has caused National Health Service (NHS) frontline operations to be stretched to near breaking point. Despite coming under immense pressure, the service held firm at the height of the crisis thanks to heroic efforts on the part of all the healthcare professionals concerned. All those involved should be commended for […]

Betsy Grey, ‘Against Immunizing Nursing Homes’

ABSTRACT Nursing homes and other long-term care facilities account for approximately one third of the over 500,000 Covid-19 deaths in the United States. Facing liability from that widespread harm, the facilities have sought immunity protection from tort liability. In particular, they have sought protection under the federal Public Readiness and Emergency Preparedness (PREP) Act, which […]

Linda Mulcahy, ‘The Market for Precedent: Shifting Visions of the Role of Clinical Negligence Claims and Trials’

ABSTRACT This article considers the interface between the standard setting activity of a regulatory body and the courts in the NHS. It is suggested that despite its many disadvantages the clinical negligence action remains an important safety valve when internal regulatory systems fail or are insufficiently transparent to gain full legitimacy. More specifically, it explores […]

Thomas Russell, ‘Car Crashes, Personal Injury Litigation, and Frivolous Defenses in Alberta and Colorado’

ABSTRACT This Article is a comparative empirical study of car crash litigation in Alberta, Canada and Colorado, USA. The first part of the Article compares the rates of car crash injuries and litigation between Alberta and Colorado. The Article assembles data for what sociolegal scholars typically call the dispute pyramid, but I argued that a […]

Jonathan Hardman, ‘Sevilleja v Marex Financial Ltd: Reflective Loss and the Autonomy of Company Law’

ABSTRACT In Sevilleja v Marex Financial Ltd the Supreme Court considered the ambit of the prohibition on a shareholder recovering losses from third parties for the reduction in the value of their shares or loss of dividend income arising from a wrong suffered by the company. This prohibition on ‘reflective loss’ had been growing in […]

Carter, Mossialos, Redhead and Papalois, ‘Clinical negligence cases in the English NHS: uncertainty in evidence as a driver of settlement costs and societal outcomes’

ABSTRACT The cost of clinical negligence claims continues to rise, despite efforts to reduce this now ageing burden to the National Health Service (NHS) in England. From a welfarist perspective, reforms are needed to reduce avoidable harm to patients and to settle claims fairly for both claimants and society. Uncertainty in the estimation of quanta […]