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Thorneycroft News for January 2017

Clinical Negligence claimant lawyers are not responsible for running up costs

30th January 2017

The government today has announced the 12 week consultation for fixed fees in clinical negligence claims with a damages value of up to £25k. Whilst this is clearly going to be inevitable, it is alarming that the news reports continue to paint the claimant lawyers as unscrupulous!

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Girl who suffered birth injury wins clinical negligence settlement

26th January 2017

A girl who suffered lack of oxygen to the brain during her birth has been successful in her claim for clinical negligence compensation.  She has been left severely brain damaged and as a result, severely disabled.

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Pedestrian seriously injured in road traffic collision

26th January 2017

A woman, believed to be in her 30s, has been rushed to hospital after being involved in a road traffic accident when she was knocked down by a car during the busy rush hour period.

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Hospital negligence risk after 20 hospitals on black alert as they struggle to cope with patient demand

19th January 2017

England’s hospitals are under huge pressure at present due to unprecedented numbers of people trying be admitted for care and treatment.  As a result of the influx of people this month, at least 23 hospitals have had to declare a black alert after patient safety can no longer be guaranteed due to overcrowding.

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Construction company found guilty after workplace accident

19th January 2017

The Health and Safety Executive have prosecuted a construction company after one of it’s workers fell from a height onto a concrete floor.  The worker sustained life threatening injuries and was fortunate not to have been killed as a result of the company’s negligence.

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Inappropriate warning led to unfair dismissal being overturned in Employment Tribunal

17th January 2017

Bandara v British Broadcasting Corporation

Mr Bandara was a senior producer at the BBC. He was given a final written warning (which the tribunal later found to have been ‘manifestly inappropriate’). Further gross misconduct was later alleged and Mr Bandara was dismissed.

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DO I GET HALF in Divorce?

13th January 2017

This is one of the most frequently asked questions for family lawyers when a client contemplating divorce.  Like most urban myths, there is a grain of truth in it, but like almost every other legal question the answer is “it depends”.

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And finally…Employment rights..do you know yours?

13th January 2017

One London hotel has been in the news because of the employment requirements it is reported to have issued to female staff. Among these, apparently: shave your legs, use deodorant, and have regular manicures. Don’t have oily skin or wear overly garish or bright make-up.

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The Discrimination case of the ‘gay cake’

13th January 2017

Lee v Asher’s Baking Company – Remember this discrimination case? Well, the Northern Ireland Court of Appeal has now spoken.

Here’s a reminder of the facts:

Mr Lee had asked the bakery to decorate a cake with the words ‘Support Gay Marriage’, along with a picture of the Sesame Street Characters, Bert and Ernie. The bakery refused; the message on the cake was at odds with the owners’ Christian beliefs. They accepted that they cancelled the order because of their religious beliefs. They were opposed to a change in the law regarding same-sex marriage, believing it to be sinful.

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Stress and disability distinguished in Employment Appeal Tribunal

13th January 2017

Employment Appeal Tribunal – Herry v Dudley Metropolitan Council – The question of whether an employee is or isn’t disabled continues to test employers, and there seems little sign of that easing. As this case highlights, it’s a challenge for employees too. They must be able to show that their condition had the substantial adverse long-term effect on day-to-day activities that the legal definition of disability requires.

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