201707.27

Victim of Ambulance Paramedic’s Misdiagnosis Wins £3.5 Million from NHS

Ambulance personnel can make mistakes in emergency situations but it is only right that damages are paid if they are negligent. In one case, a woman who was left badly disabled after a life-threatening brain inflammation was misdiagnosed by a paramedic won a seven-figure compensation package from the NHS. The woman’s family thought that she…

201707.26

Are European Judgements Enforceable in England? Not If They’re Unfair!

Judgments given in one EU member state are generally enforceable in all the others, but there are exceptions. One such arose in the case of a three-year-old girl who was removed from Ireland and taken to England by her mother without notice of the move having been given to the father. The parents separated soon…

201707.24

Don’t Wait until You’re Old to Make a Will! See a Solicitor Today!

Making or changing your will in advanced old age is a positive invitation to disputes after you are gone, and that is one good reason why you should not put off seeing a solicitor. A case concerning a 90-year-old woman who made her will nine days before her death illustrates the point. By her will,…

201707.20

Scotland v England – Which Holds Sway in Cross-Border Divorce?

The law concerning post-divorce financial maintenance is very different in Scotland than it is in England. The national divide was strikingly highlighted by one case in which a husband launched divorce proceedings north of the border but his wife successfully applied to an English judge for financial provision. Three months after the husband issued a…

201707.20

Suffered Loss Due to Official Incompetence? See a Lawyer Today!

Judges are always alert to ensure that people who suffer loss due to official blunders are properly compensated. One case exactly on point concerned a businessman who claimed to have lost an entire year’s income – more than £127,000 – after his travel documents were lost in the post. In applying for a driving licence,…

201707.19

Piqued by an Employee’s Departure? Don’t Do Anything Hasty!

The departure of trusted workers who set up in competition is a frequent source of fury to employers. However, as one High Court libel case showed, the sensible course is to take legal advice rather than resort to hasty action. The case concerned two men who were formerly employed by a company that produced safety…

201707.19

The Presumption in Favour of Sustainable Housing Can Be Overcome

The presumption in favour of sustainable housing development, contained within the National Planning Policy Framework (NPPF), is a powerful one – but it does not have the force of statute and can be overcome. The Court of Appeal made that point in blocking plans for up to 150 new homes on green land adjoining a…

201707.19

Oops! Sent An Email to the Wrong Recipient? – Court of Appeal Test Case

Almost everyone will have suffered the agonising experience of sending a sensitive email to the wrong recipient. A Court of Appeal test case was triggered by one such incident in which a hapless junior solicitor emailed a document that compromised his client’s case to the opposing side in property litigation. A developer had sold two…

201707.18

How Much Is a Freehold Interest Worth? Court of Appeal Clarifies the Law

Where a tenant exercises its right to buy a freehold, the sum payable is calculated on the basis of the property’s open market value, subject to the existence of the tenancy. But what happens if the original tenancy has been extended for a longer period? The Court of Appeal considered that issue in an important…

201707.17

Non-Accidental Injuries to Children – Family Judges Have the Final Say

Doctors and social workers are focused on protecting children. However, as a case concerning a five-month-old boy showed, it is not for them, but for family judges, to decide whether an injury suffered by a child is non-accidental. The boy had been admitted to hospital with a rash on his abdomen. His mother was concerned…

201707.13

Whistleblowing in the Public Interest – Court of Appeal Test Case

Workplace whistleblowers only enjoy the protection of the law if the disclosures they make are in the public interest – but what exactly does that mean? The Court of Appeal has analysed that issue for the first time in a vital test case. The case concerned an estate agent who feared that his earnings would…