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25 September 2015 / Timothy Trotman
Issue: 7669 / Categories: Features
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Entering the unknown

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When it comes to negligence, ignorance certainly isn’t bliss, says Tim Trotman

Section 14A (9) of the Limitation Act 1980 provides “knowledge that any acts or omissions did or did not, as a matter of law, involve negligence is irrelevant for purposes of sub-s (5) above”. It may be relevant to ask whose negligence is under consideration. The question arises especially in the context of an action for alleged professional negligence by lawyers, where the substantive claim also involved professional duties; this was a major point in Chinnock v Veale Wasbrough and another [2015] EWCA Civ 441, [2015] All ER (D) 65 (May) where the substantive claim was one of clinical negligence.

Authorities before Chinnock

By way of background, in Oakes v Hopcroft 2000 Ll RPM 246, [2000] All ER (D) 1064, the claimant bringing a personal injury claim, was advised by a medical expert that the index injury had not caused her inability to work. She settled for a modest sum. Seven years later a medical report identified a permanent brachial plexus traction injury; and

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MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Hugh James has secured 500 places on King’s College London’s new AI Literacy for Law course as part of a major firm-wide push to strengthen its responsible use of generative artificial intelligence
The criminal courts will sit to their maximum capacity next year, after the Lord Chancellor David Lammy lifted the cap on Crown Court sitting days
The Lord Chancellor David Lammy has set out his plans for ‘Blitz courts’, a national listing framework and other elements of the Leveson reforms
A former Commerzbank analyst has been sentenced to eight months in prison for lying during an employment tribunal hearing
The Information Commissioner’s Office (ICO) has joined with 60 data protection authorities from around the world to call for ‘urgent regulatory attention’ to the dangers of artificial intelligence (AI)
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