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Professional negligence

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Clinical negligence claimants seeking damages of £25,000 or less would only be able to recover limited costs, under government proposals
Obstetric negligence: Lorin Lakasing reports on the cost of over-promising & under-delivering
The NHS pays out about £2.4bn in compensation each year, about one third of which is for legal fees, yet both clinical staff and families are left dissatisfied with the results of the clinical negligence system. A doctor shares her opinion on flaws in the system, in this week’s NLJ
The clinical negligence system is causing rising costs for the NHS while ‘perpetuating a culture of blame’, according to a report, ‘The safety of maternity services in England’
Pandemic-related delays in medical treatment and operations have led to a spike in enquiries about clinical negligence, according to law firm Wright Hassall
An auditor has been found to owe £13.4m, in a landmark Supreme Court decision on professional negligence and scope of duty
Paul Dowling reports on a recent case of parent company liability & the treatment of overseas workers

Lexis®Library update: Health Minister Nadine Dorries has announced that the government is working to modernise the approach towards clinical negligence compensation within the NHS, including by looking to implement a no-fault compensation system 

David Locke & Claire Christopholus question if there is a duty of care to relatives of patients with genetic conditions
The Supreme Court has clarified the illegality defence, in a landmark case
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MOVERS & SHAKERS

Boies Schiller Flexner—Tim Smyth

Boies Schiller Flexner—Tim Smyth

Firm promotes London international arbitration specialist to partnership

Katten Muchin Rosenman—James Davison & Victoria Procter

Katten Muchin Rosenman—James Davison & Victoria Procter

Firm bolsters restructuring practice with senior London hires

HFW—Guy Marrison

HFW—Guy Marrison

Global aviation disputes practice boosted by London partner hire

NEWS
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
A construction defect claim in the Court of Appeal offers a sharp lesson in pleading discipline. In his latest 'Civil way' column for NLJ, Stephen Gold explains how a catastrophically drafted schedule of loss derailed otherwise viable claims. Across the areas explored in this week's column, the message is consistent: clarity, economy and proper pleading matter more than ever
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