SAAMCO Cap Clarified

Simon Salzedo QC Professional Negligence 0 Comments

In BPE v Hughes-Holland (also known as Gabriel v Little), [2017] UKSC 21, handed down on 21 March 2017, the Supreme Court has given important clarification of the principle best known as deriving from South Australia Asset Management v York Montague [1997] AC 191 (“SAAMCO”, also known as BBL v Eagle Star). The single judgment was given by Lord Sumption, …

Professional Negligence Law in the 21st Century: A Festschrift for Keith Stanton

Katherine Watt Professional Negligence 0 Comments

In recent years, judicial decisions, social trends, policy agendas and economic upheaval have all contributed to the evolution of key principles of professional negligence law and the emergence of new themes and trends, which have been the subject of stimulating analysis and dispute. It is no surprise, therefore, that the recent seminar on ‘Professional Negligence Law in the 21st Century’, …

Professional Negligence in the 21st Century

Jenny Lank Professional Negligence 0 Comments

**Event Update 5/1/17** Spaces now limited. Booking closes at 12 noon on 11/1/17. Highlighting issues, themes and trends in the law of professional negligence as it has been re-shaped for the 21st Century, topics addressed will include: the impact of the Supreme Court’s Montgomery decision; the developing law of non-delegable duties and its significance for the law of clinical negligence; …

Product liability for medicinal products

Michael Powers QC Medical law, Professional Negligence 0 Comments

Dr Anthony Barton and I , along with the authors of this particular section, Charles Gibson QC, Geraint Webb QC, and James Purnell,  were delighted to read Mr Justice Hickinbottom’s judgment in Wilkes v Depuy, on the 6th December. ‘Risk-benefit in this context is explained in the commendable consideration of the issues surrounding “Product liability for medicinal products” in the chapter …

“Leave the common law of clinical negligence alone…” – John Baron MP

Harriet Espin-Bradley Medical law, News, Professional Negligence 0 Comments

Clinical Negligence Launch Party – 20th January, Lincoln’s Inn The evening of Wednesday 20th January marked the launch of the 5th edition of Clinical Negligence, by Dr Michael Powers QC, Dr Anthony Barton and a team of 54 expert contributors. It was held in the Great Hall at Lincoln’s Inn – an impressive venue for an eminent book. John Baron MP …

Is medical innovation inhibited by fear of litigation?

Jenny Lank Professional Negligence 0 Comments

Litigation for damages for clinical professional negligence has the objective of providing financial compensation for patients who suffer injuries as a result of incompetent treatment. The objective is an award of damages which places claimants as nearly as possible in the position, in so far as money can achieve, as they would have been in had they not been injured, …

John Baron MP on Clinical Negligence

Jenny Lank Professional Negligence 0 Comments

Since the last edition of this text, the main changes in clinical negligence have concerned the economics of litigation rather than the substantive law. I am informed by the editors that the major developments and challenges have taken place in the Houses of Parliament rather than in the courts. The principles of law remains mostly familiar but its practice provides …

Wilkinson v Downton and freedom of expression: Should a nineteenth century tort limit an author’s ability to tell his own life story?

Jenny Lank Professional Negligence 0 Comments

In ordinary human discourse, words may be spoken which may be abusive, untrue or insulting. The person addressed may, as a result, feel distressed or even humiliated. Such words may have serious legal consequences, if, for example, they amount to a course of conduct amounting to harassment under the Protection from Harassment Act 1997 or give rise to a public …

GAA say Lufthansa acted correctly, as reported by CNN

Jenny Lank Professional Negligence 0 Comments

CNN report on Lufthansa’s procedural compliance CNN has covered the issue of procedural compliance concerning Lufthansa and the German aviation authority, in the case of the recent plane crash involving pilot Andreas Lubitz. Gerard Forlin QC  also discusses a variety of concerns relating to the recent and tragic Germanwings crash, including the disparity of damages awards, whether the 2 pilot rule will help …