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Law digests: 13 November 2020

11 November 2020
Issue: 7910 / Categories: Case law , In Court , Law digest
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Damages

Leach v North East Ambulance Service NHS Foundation Trust [2020] EWHC 2914 (QB), [2020] All ER (D) 08 (Nov)

The claimant suffered a subarachnoid haemorrhage, from which she recovered. She brought a claim for damages after she developed a significant Post-Traumatic Stress Disorder (PTSD). The defendant admitted breach of duty to the extent that it was accepted that there had been a 31-minute negligent period of delay in the ambulance arriving at the claimant’s house for the purposes of taking her to hospital. However, it was disputed whether the negligent period of delay had caused, or contributed to, the onset of the PTSD. The Queen’s Bench Division held that the negligent period of delay had made a material contribution to the claimant’s PTSD and that an apportionment exercise was not permissible in those circumstances. Accordingly, judgment was granted in favour of the claimant in the sum of £40,000.


Employment

Nair v Lagardere Sports and Entertainment UK Ltd [2020] EWHC 2608 (QB), [2020] All ER (D) 09 (Nov)

The case concerned

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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