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15 October 2021
Issue: 7952 / Categories: Case law , In Court , Law digest
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Law digests: 15 October 2021

Clinical negligence

Thorley (by his litigation friend) v Sandwell and West Birmingham NHS Trust [2021] EWHC 2604 (QB), [2021] All ER (D) 09 (Oct)

The Queen’s Bench Division dismissed a clinical negligence claim brought by a claimant who had been diagnosed with atrial fibrillation, and who had suffered an ischaemic stroke which had resulted in permanent and severe physical and cognitive disability. The court held, among other things, that, in advising the claimant to stop warfarin for a period of four days before a coronary angiogram, the defendant Trust had not breached its duty of care to him. Further, in circumstances where the Trust denied breach of duty, save to admit that warfarin should have been restarted by no later than the day after the angiogram, the court held that, on the facts, the Trust had not been in breach of duty beyond the extent which it had admitted.


Duty of care

Lennon and another v Englefield and others [2021] EWHC 1473 (QB), [2021] All ER (D) 108 (Jun)

The Queen’s

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MOVERS & SHAKERS

NLJ Career Profile: Ling Ong, London Market FOIL

NLJ Career Profile: Ling Ong, London Market FOIL

Ling Ong, partner at Weightmans and president of London Market FOIL, discusses her biggest inspirations, the challenges of AI and the importance of tackling unconscious bias

DWF—Imogen Francis

DWF—Imogen Francis

Director and head of IP team joins in Birmingham

Penningtons Manches Cooper—five promotions

Penningtons Manches Cooper—five promotions

Firm boosts partnership and costs practice with five senior promotions

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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