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Entering the unknown

25 September 2015 / Timothy Trotman
Issue: 7669 / Categories: Features
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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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