Issue: June 2024

SC – psychiatric injury

June 2024 | Personal injury

The SC has heard an important case in which the following was considered: can an individual make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence? The SC case summary is as follows: ‘Background to the Appeals The claimants …

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Sentencing – manslaughter

June 2024 | Crime

The judge’s legal directions contained fundamental and material misdirections of law and D’s conviction for manslaughter was unsafe and was quashed. D was convicted of manslaughter and sentenced to three years in prison. In summary, D was 46 and she suffered from cerebral palsy. At the time of the incident, D was walking along part …

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SC – expert evidence

June 2024 | Personal injury

The SC has considered an interesting case in a PI context regarding whether and (if so) in what circumstances can the court evaluate and reject what is described as an ‘uncontroverted’ expert’s report? The SC case summary is as follows: ‘Background to the Appeal This appeal concerns the question of when a trial judge can …

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Parental leave – meaning

June 2024 | Employment

The EAT has heard a case regarding parental leave, which opens with the following interesting statement from the judge: ‘An employee is protected against being dismissed because s/he took parental leave. An employee is also protected if s/he “sought” to take parental leave. Well, at least, in broad terms. The provisions are something of a …

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Client identification – walk-in client

June 2024 | Professional

All those working in law firms understand the importance of robust due diligence on their clients. The SRA has recently rebuked a chartered legal executive for failing to complete the relevant client identification checks when acting for his client. An extract from the SRA’s report on the matter is as follows: ‘2. Summary of Facts …

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