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Law digests: 15 October 2021

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

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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