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Reform of the Coroner system
Progress is being made in the process of reforming the coroner system. The Minister of State for Constitutional Affairs, Harriet Harman, has announced that coroners will be given extra powers to recommend ways of preventing unexpected deaths...
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Progress of legislation
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Medical error
Sir Liam Donaldson has stated that there is evidence that the risk of dying in hospital as a result of medical error is one in 300. He explained that this means that clinical misjudgements or mistakes mean that the odds of dying as a result of..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Casenotes from contributors
Mcgowan v Tesco Stores Ltd
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Use of experts: procedural matters
Stallwood v GH David and Another [2006] EWHC 2600 (QB)
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
No immunity for medical expert witnesses
General Medical Council v Meadow & Attorney General (Intervenor) [2006] EWCA Civ 1390; The Times , October 31, 2006: The Independent , October 31, 2006
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Fresh inquest ordered
Sparrow v HM Coroner for East Somerset [2006] EWHC 2718 (Admin)
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Human Rights issues
Scholes v Secretary of State for the Home Department [2006] EWCA Civ 1343
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Government proposals for reform
The Chief Medical Officer, Sir Liam Donaldson’s has produced a report, ‘Bearing Good Witness’, which contains the Government’s proposals for reforming the delivery of medical expert advice in family law chambers. The..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
In brief
Surgeons unhappy about ability of GPs to operate
According to the Royal College of Surgeons, in response to Government plans to extend the role of GPs, no GPs should be carrying out any minor surgery. Lord Warner, health minister, has..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Legal position of independent orthopaedic surgeon
West Bromwich Albion Football Club Ltd v El- Safty [2006] EWCA Civ 1299
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
No duty of care to parents in child abuse investigations
L and B v Reading Borough Council; Wokingham District Council; Chief Constable of Thames Valley [2006] EWHC 2449
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Limitations
Norton v Corus CA (Civ Div) [2006] All ER (D) 164 (Nov)
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Extent of a driverâs duty to other road users
Whittle v Bennett Court of Appeal [2006] All ER (D) 06 (Nov)
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Dangerous manhole cover
Atkins v Ealing London Borough Council [2006] EWHC 2515 (QB)
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
In brief
Mental health policy in NHS criticised
The NHS in England has been criticised in a report by the Healthcare Commission for its failure to provide talking therapy as an alternative to medication for people who suffer from mental..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
UK doctors are cautious about ‘ending lives’
A study involving 857 doctors has revealed that UK doctors are very much more cautious about helping terminally ill patients to die than their colleagues in Europe, and when they do help, most doctors only do so if the patient would be..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
The importance of training
Pennington v Surrey County Council; Surrey Fire & Rescue Service [2006] EWCA Civ 1493
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Group litigation
Coal Mining Contractors v Davies & Others; Department of Trade & Industry & Another [2006] EWCA Civ 1360
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Research could lead to fairer pay-outs for accident victims
A decision made by the Court of Appeal based on research at Cardiff University could lead to fairer compensation to reflect the true cost of accidents. Three judges from the Court of Appeal upheld a previous ruling by the High Court that..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Evidence that cancer patients’ are treated unfairly at work
It has been alleged that some cancer patients face unfair dismissal and discriminatory treatment at work, according to a BBC investigation. The Disability Rights Commission revealed that 200 cancer patients had called its helpline during the..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Damning verdict expected on railway crossing accident
It is likely that a “damning” verdict on safety standards at a railway crossing will be delivered following an investigation into the deaths of two teenage girls on the track, caused by an express train. A report into the deaths..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Medical report considered unreliable in immigration case
SA (Somalia) v Secretary of State for the Home Department [2006] EWCA Civ 1302
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Employers are less likely to employee people who are mentally ill
The government is embarking upon an initiative to encourage employers to improve working conditions for people with mental health problems, after it emerged that employers are far less likely to employ people with mental illnesses than those..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Unduly lenient sentence for gross negligence
R v Shaw, CA (Crim Div), 4 October 2006
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Wrong site surgery claims ‘rise’
Surgery in which patients had been given surgery on the wrong body parts rose by a half in the last three years, according to the latest claim figures.
In 2006, 40 patients in England had claims settled by the NHS Litigation..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Alzheimer’s drugs appeal refused
Patients groups lobbying for better access to drugs to treat Alzheimer’s disease have criticised a decision by NICE to reject their appeal for greater access to certain drugs. They argue that donepezil, rivastigmine and galantamine..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
No Prosecution over assisted suicide
The CPS has decided that no action will be taken against the family and friends of a terminally-ill man who died in an assisted suicide. The patient, Paul Bennett, 47, from Swansea, had motor neurone disease, and he chose to die from a..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Disability law
Difolco v NTL Group Ltd (2006), Court of Appeal (Civ Div)
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Poor-quality autopsies cause concern
A recent report has revealed that many death certificates give the wrong cause of death, because of the poor or even unacceptable quality of a quarter of all autopsies, although this has been suspected for some time by pathologists.
..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
The NHS Redress Bill: real reform or mere packaging?
Rosalind English is attached to the chambers of 1 Crown Office Row as an Academic Consultant.
Email: mail@1cor.com
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Parents obtain settlement of claim for death of twin
Mr and Mrs Chidlow, the parents of a stillborn baby boy have succeeded in obtaining damages in an out-of-court settlement. They argued that doctors at the hospital where he was delivered should have performed a Caesarean section, and..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Causation in clinical negligence
Demery v Cardiff and Vale NHS Trust, Court of Appeal, 11 July 2006
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Scotland adopts measures to protect mesothelioma victims
New legislation has been introduced in Scotland to supplement the statutory developments in England and Wales in the Compensation Act 2006 designed to improve asbestos compensation system in Scotland. The new measures highlight some of the similarities and differences that exist between the two systems of law in the field of compensation for injuries.
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
UK Patients given grafts with ‘Stolen bone’
Several UK hospitals have been identified as purchasers of potentially contaminated body parts, allegedly stolen in the US. It appears that some of the patients given bone grafts with the potentially contaminated material had not been..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Causing death by dangerous driving
R v Whitnall, Court of Appeal, 19 September 2006
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
The NHS Redress Bill
It is very likely that the NHS Redress Bill will become law, as long as a complication created by a Lords’ amendment can be dealt with before the end of the Parliamentary session. Rosalind English discusses the implications of the Bill.
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Patient given radiation dose dies
When she was aged 15, Lisa Norris was given 17 overdoses of radiation therapy at the Beatson Oncology Centre in Glasgow during treatment for a brain tumour. It has now been announced that she has died. She was treated for some time in a..
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Implementing the Compensation Act 2006: regulation of claims management
The Compensation Act 2006 received Royal Assent on 25 July 2006. Following concerns about the growth of an industry of so-called “claims farmers”, Part 2 of the Act deals with the regulation of businesses and individuals providing claims management services, and creates the regulatory framework to authorise providers who will be required to comply with regulatory rules. It also includes power for the Regulator to investigate unauthorised activities and to prosecute those who try to evade regulation. In the early stages, the regulations will cover claims in respect of personal injury, including work-related injury, disease or disability, criminal injuries compensation, employment matters, housing disrepair, miss-selling of financial products and industrial injury disablement benefits.
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01 December 2006
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Volume 22 Issue 10 - 01 November 2006
Conditional fee agreements
White v Revell QBD 8 September 2006
Online Published Date:
20 December 2006
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Volume 22 Issue 9 - 01 October 2006
Costs relating to medical reports and records
Woollard v Fowler (Unreported)
Online Published Date:
20 December 2006
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Volume 22 Issue 9 - 01 October 2006
Prisons
Shortly after new guidance was issued by the Department of Health on mental health observation in prison, Ian Huntley was taken from Wakefield high security prison to hospital after being found unconscious in his cell following an attempt to..
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20 December 2006
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Volume 22 Issue 9 - 01 October 2006
Abuse of elderly patient by carers, including force feeding of talcum powder
N v WC Care Agency
Online Published Date:
20 December 2006
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Volume 22 Issue 9 - 01 October 2006
Failed abortion claim case rejected
Stacy Dow, a mother who is seeking compensation after giving birth to a child, despite having had an attempted abortion, has failed in her £250,000 claim. She brought the claim in an attempt find sufficient money to cover for the..
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20 December 2006
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Volume 22 Issue 9 - 01 October 2006
Childcare providers fail to meet health and safety requirements
A report by the Office for Standards in Education has stated that childcare providers are continuing to fail to meet basic minimum standards. Some nurseries were found to be employing staff without conducting proper relevant checks, and some..
Online Published Date:
20 December 2006
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Volume 22 Issue 9 - 01 October 2006
In brief
US Panel finds no evidence of Gulf War Syndrome
Although soldiers who were deployed during the 1990-1991 Gulf War got many illnesses, a panel of experts seeking evidence of a suspected Gulf War Syndrome has concluded that no such..
Online Published Date:
20 December 2006
Appeared in issue:
Volume 22 Issue 9 - 01 October 2006
Health and safety
Counsel: For the appellant: Richard Matthews, Paul Greany
For the respondent: Christopher Purchas QC, John Cooper
Solicitors: For the appellant: Health and Safety Executive
For the respondent: Steffan Groch
Online Published Date:
20 December 2006
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Volume 22 Issue 9 - 01 October 2006
Duties to contractual and non-contractual visitors
Maguire v Sefton Metropolitan Borough Council and Another [2006] EWCA Civ 316
Online Published Date:
20 December 2006
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Volume 22 Issue 9 - 01 October 2006
Death of asylum seeker from rare infection
R (on the application of Pekkelo) v HM Coroner For Central & South East Kent [2006] EWHC 1265 (Admin)
Online Published Date:
20 December 2006
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Volume 22 Issue 9 - 01 October 2006
Causation
Garcia v East Lancashire Hospitals NHS Trust [2006] EWHC 2062 (QB)
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20 December 2006
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Volume 22 Issue 9 - 01 October 2006
Healthcare Commission criticised over role in NHS ‘complaints’
The Healthcare Commission has been criticised for failing to meet its own targets of dealing with 85 per cent of complaints within six months. Some 55 per cent of the cases which are currently on its books have been with its staff for longer..
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20 December 2006
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Volume 22 Issue 9 - 01 October 2006
Inappropriate monitoring of cannula site
S (A Minor) v Birmingham Children’s Hospital NHS Trust
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20 December 2006
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Volume 22 Issue 9 - 01 October 2006
House of Lords overrules earlier decision on a limitation issue
Horton v Sadler & Another [2006] UKHL 27; (2006) 2 WLR 1346; (2006) 3 All ER 1177; (2006) RTR 27;
The Times
, 19 June 2006
Online Published Date:
20 December 2006
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Volume 22 Issue 9 - 01 October 2006
Carpenter awarded £400,000 damages in settlement
Amargeet Singh Dahele, a carpenter who is suffering from mesothelioma, has been awarded agreed damages of £400,000 in a settlement from his former employer. This is believed to be one of the highest settlements in a case of this kind...
Online Published Date:
20 December 2006
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Volume 22 Issue 9 - 01 October 2006
The Compensation Act 2006
The Compensation Bill has progressed through Parliament without very much difficulty. The main provisions in the Bill have been covered in early issues of Medical Law Monitor, and the Government has already started to deal with the..
Online Published Date:
20 December 2006
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Volume 22 Issue 9 - 01 October 2006
NHS Redress Act 2006
..
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20 December 2006
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Volume 22 Issue 9 - 01 October 2006
Survey finds that black teachers face bullying and racism
A recent report demands a formal investigation to deal with concerns that some black teachers are isolated, maligned and cheated of their correct salaries and status. The study was commissioned by Ken Livingstone, Mayor of London, and it..
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20 December 2006
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Volume 22 Issue 9 - 01 October 2006
Failure to ensure adequate breaks for workers violates EU law
Britain has been in breach of EU employment law in failing to enforce regular breaks for workers, according to a ruling of the European Court of Justice, following action against the UK Government brought on the basis that it had violated..
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20 December 2006
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Volume 22 Issue 9 - 01 October 2006
Psychiatric injury and bullying
Green v DB Group Services (UK) Ltd [2006] EWHC 1898 (QB)
Online Published Date:
20 December 2006
Appeared in issue:
Volume 22 Issue 9 - 01 October 2006