Government statistics show that, on average, most cases take 12 years to resolve in the current litigious system, and it is hoped that the new system will lead to quicker resolutions for families with earlier payments of compensation made. The scheme would involve independent investigators considering the treatment provided and presenting their findings to a panel of legal and medical experts who decide if compensation is warranted. If families are not satisfied with the decision of the panel, then they are still entitled to pursue legal action.
Whilst it is positive that the Government is looking at alternative systems to address lengthy delays in resolving such claims, there is very little known at this stage as to when the scheme will be introduced and how it will operate. There are concerns that additional delays may be caused by entering into such a scheme, and later having to pursue a legal action when the findings are not satisfactory, as is often the case in the current system when independent investigations are undertaken during the complaint process.
For any children who have unfortunately suffered a brain injury as a result of suspected medical negligence, this is not satisfactory and families should not wait until more is known about the scheme before considering whether to take legal action.
We have a number of solicitors who specialise in dealing with claims involving brain damage caused as a result of negligent treatment during pregnancy, in labour or during the neonatal period. If you wish to discuss any concerns in that regard, please contact Victoria Fullilove.
Residents are now unable to make applications to prohibit landlords from seeking to recover the cost of legal proceedings through the service charge on behalf of other residents, without consent.
Natalie Barbosa summarises some of the legal challenges facing fundraisers in the charity sector.
We hosted a breakfast roundtable with Insider Midlands magazine that had attendees from a range of organisations addressing housing needs in the Midlands. The discussion explored JVs in more detail.
The decision of the Court of Appeal in The Harpur Trust v Brazel & Unison has made clear that employers can no longer legally calculate part-time holiday based on 12.07% of hours worked over a year.
Social landlords are seeing a rising number of Equality Act defences to possession proceedings. A recent Court of Appeal decision helps shift the likelihood of such defences succeeding.
On 31 July, the consultation period ended on MHCLG’s proposals for reforming the building safety regulatory system set out in the 'Building a Safer Future' document. We have submitted our response.
For decades now, fewer and fewer services provided by local authorities have been delivered directly by them. However, over the last couple of years, there are signs that this tide is changing.
The Government commissioned an independent review of the Modern Slavery Act 2015 in July 2018. The outcome was published in May 2019 which highlighted areas for improvement.
In 2017, the NCVO commissioned a review of the tax reliefs available to charities. The brainchild of this review was published on 17 July 2019 in the form of the Charity Tax Commission report.
In 2014, the Charity Commission released its first guidance for charities on reporting serious incidents. The Commission has recently updated this guidance.
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