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News
Clinical negligence claims, Secondary Victims and “proximity in time and space”: Polmear and Anor v Royal Cornwall Hospitals NHS Trust
The tightly drawn “Alcock control mechanisms” for secondary victims who can recover damages for “nervous shock”, combined with the reality of clinical negligence and its often-delayed outcomes have provided fertile territory over the past few decades for appellate litigation and strike out applications. Stuart Brady of Farrar’s Building reviews the decision of Master Cook in […]
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James Pretsell is Appointed to the RFU Disciplinary Panel
Farrar’s Building is delighted to announce that James Pretsell has been appointed as a Judicial Panel Member for the Rugby Football Union and will hear disciplinary hearings involving both on and off-field conduct at Levels 1-5 of the game. James has extensive experience of presenting and defending disciplinary proceedings before a variety of professional and sporting bodies. He played schools […]
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Defendants: Protect your Position with Part 36
The Court of Appeal has recently provided a noteworthy position statement on the proper approach of defendants, particularly in liability admitted (or established) cases, in Global Energy Horizons Corporation v Gray [2021] EWCA Civ 123: “…Where a defendant is faced with an exorbitant claim which he wishes to defend vigorously but where he is vulnerable […]
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Fundamental Dishonesty and a Covid Compliant Trial in Person
At the end of 2020, James Pretsell acted for the successful Defendant in a high value, multi track claim that was tried in person over five days. Liability had been admitted at an early stage but complex arguments on causation, medical evidence, quantum and fundamental dishonesty remained to be determined. The Claimant sought a substantial award nearing £0.75 million […]
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Government Undertaking ‘Intensive’ Review of Clinical Negligence Compensation
On 2nd February, Minister for Mental Health, Suicide Prevention and Patient Safety, Nadine Dorries MP, and NHS England maternity leaders spoke with Parliament’s Health and Social Care Committee as part of their inquiry into safety of maternity services in England. Ms Dorries said the Government would undertake ‘intensive’ work on reshaping the system of compensation […]
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One Year After his Horrific Car Accident, Patrick Harrington QC Succeeds in Convicting Tomas Carney of Murder
In the first Trial since his horrendous car accident in January 2020, Patrick Harrington QC prosecuted Tomas Carney on the murder of pensioner Mr Phillips, his AA sponsor. On 11 January 2021, Mr Harrington QC opened his speech by telling the jury at Swansea Crown Court: “Ladies and gentlemen, this is murder. Tomas Carney deliberately […]
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Christopher Quinlan QC Extends his Independent Judicial Panel Chairman Role
World Rugby has announced the re-appointment of Christopher Quinlan QC as Independent Judicial Panel Chairman for another four-year term. https://www.world.rugby/news/607288/christopher-quinlan-extends-independent-judicial-panel-chairman-role
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Aidan O’Brien appointed as World Rugby Judicial Officer
Aidan O’Brien has been appointed as a judicial officer by World Rugby. He will chair disciplinary hearings arising from international test matches. Aidan also sits as a Judicial Chairman for the RFU, adjudicating on disciplinary and competition appeals arising from levels 1-4 of the game (Premiership, Championship and National Leagues 1 & 2).
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