Forbes Blog

Maternity Mistakes – 276,767 mistakes were reported by maternity care services In England – the equivalent of one mistake every 5 births

The BBC has today reported these figures.  They would appear to point to an alarming number of incidences.  It is important however to distinguish the nature of the incidents and near misses and look at the reason for the rise.

NHS Improvement confirm that of the number of mistakes, 63,380 resulted in harm to mother or baby and 288 resulted in death.

The improvement in recording and transparency should help to prevent repeat problems going forward. In serious cases reported under the ‘duty of candour’ I often find that the lessons learned lead to improvements and changes in policy to the benefit of the patient going forward. Read more

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When backstabbing backfires – challenging a will for fraudulent calumny

The recent case of Christodoulides v Marcou gives a rare example of a successful challenge to the validity of a will on the basis of fraudulent calumny.

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Who pays the price for commercial debt recovery claims?

If you are faced with the situation where you have to take one of your clients to Court to recover your unpaid invoices, then it helps to know the legal costs and potential recovery of those costs in bringing a claim. This include but are not limited to:

  • Court fees
  • Disbursements
  • Solicitors Costs

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Legal Aid: Restrictive evidence requirements scrapped for victims of domestic violence

From January 2018, new rules will be implemented meaning that victims of domestic violence will no longer have to face harsh evidence tests to qualify for legal aid.

Through successful campaigning by support groups and the Law Society, time limits preventing victims of domestic violence from obtaining legal aid will be scrapped. Read more

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A welcome change for families suffering with a full term still birth or life changing injuries to babies

Jeremy Hunt has announced a welcome change for families suffering with a full term still birth or life changing injuries to babies who will be offered an independent investigation by a Coroner.

Currently they only look into the death of babies who show signs of life after being born. Read more

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Deathbed gifts

A recent case has highlighted the uncertainty surrounding deathbed gifts, and the importance of seeking legal advice if you or a loved one are considering making a deathbed gift.

A deathbed gift is a gift made in contemplation of death, conditional on death. While in some instances these gifts may be successful, the case of Keeling v Keeling is a reminder of the strict criteria that must be satisfied in order for a deathbed gift to be considered valid. Read more

Posted in Wills, Tax, Trusts and Probate | Leave a comment
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Partnership Disputes – Cheema v Jones

A recent Court of Appeal decision has highlighted the importance of ensuring that a partnership arrangement is properly documented.

In Cheema v Jones, two GP’s (A and B) entered into a partnership to provide medical services, the terms of which were set out in an agreement dated April 2016.

Shortly thereafter, it was agreed to expand the partnership and form a new partnership with C, D and E. The practice meeting minutes recorded that the new partnership would commence on 1 July 2016. Solicitors were subsequently instructed to prepare a new partnership agreement to regulate the terms of this relationship. Read more

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Follow The Right Procedure To Exclude The Right To Renew

Whether or not the security of tenure provisions contained in the Landlord and Tenant Act 1954 (“the LTA 1954”) are included in a commercial lease, can often be one of the most important considerations for a landlord. Read more

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A study suggests that cervical cancer screening might only be required on 3 occasions during the lifetime of a woman vaccinated against a human papilloma virus (HPV)

All girls can get the HPV vaccine free from the NHS from the age of 12 until their 18th birthday.  Cervical cancer is the most common cancer in women under the age of 35 in the UK and it helps protect against it.

Gardasil is the vaccine used by the NHS to protect against 4 types of HPV which cause more than 70% of cervical cancers in the UK. In England girls aged 12 to 13 years are routinely offered it in year 8.  A second dose is normally offered 6 to 12 months after. Read more

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Limitations on Limitations of Liability

Any transaction, no matter how much the parties may believe they catered for all eventualities, carries a degree of risk of liability for all parties involved. Where trustees are party to a transaction (whether a property transfer or a lease), they will usually seek to limit their liability to ensure that they are not personally liable. However, a recent case has highlighted that clauses limiting trustees’ liability must be carefully drafted to cover the whole transaction. Read more

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