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11 November 2020
Issue: 7910 / Categories: Case law , In Court , Law digest
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Law digests: 13 November 2020

Damages

Leach v North East Ambulance Service NHS Foundation Trust [2020] EWHC 2914 (QB), [2020] All ER (D) 08 (Nov)

The claimant suffered a subarachnoid haemorrhage, from which she recovered. She brought a claim for damages after she developed a significant Post-Traumatic Stress Disorder (PTSD). The defendant admitted breach of duty to the extent that it was accepted that there had been a 31-minute negligent period of delay in the ambulance arriving at the claimant’s house for the purposes of taking her to hospital. However, it was disputed whether the negligent period of delay had caused, or contributed to, the onset of the PTSD. The Queen’s Bench Division held that the negligent period of delay had made a material contribution to the claimant’s PTSD and that an apportionment exercise was not permissible in those circumstances. Accordingly, judgment was granted in favour of the claimant in the sum of £40,000.


Employment

Nair v Lagardere Sports and Entertainment UK Ltd [2020] EWHC 2608 (QB), [2020] All ER (D) 09 (Nov)

The case concerned whether the implied term as to trust and confidence (ITTC)

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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