The Government first announced plans for a shared ownership right to buy in October 2019. At the time the sector raised concerns about the impact the plans would have on housing associations ability to borrow. An election and a pandemic later the Government announced, during the CIH Housing Festival last week, the return of the right to shared ownership as part of its Affordable Homes Programme (AHP).
The client was diagnosed with cervical compression and had to undergo surgery to decompress parts of his spine. After his operation, he complained of pins and needles and a lack of active movement in his arms, however no investigatory action was undertaken and the client was discharged from hospital.
At a follow-up appointment there was some confusion around and conflicting information given regarding the operation. A second opinion recommended a scan which found the presence of the condition, Myloemalcia, at the same locations in the client’s spine. This meant there had been inadequate decompression which had resulted in further instability to his spine. The client had sadly suffered irreparable damage to one particular section of the spinal cord which forced him to use a wheelchair.
Anthony Collins Solicitors’ clinical negligence experts were instructed to pursue a claim against the NHS Hospital Trust and this complex spinal surgery case was supported by specialist medical expertise dealing with both orthopaedic and neuro-surgical issues. The conflicting information provided to the client meant the team had to decipher the medical records very carefully, in line with the factual evidence that was collected on his behalf.
Following strenuous denials, ultimately there was an admission that damage at one specific part of the spine was negligent and that there had been a failure to decompress appropriately. The remaining injuries were denied. The operation note had allegedly been lost by the Hospital Trust which made it difficult to piece the jigsaw of conflicting information together. Following final negotiations, a satisfactory settlement was reached from the perspective of the client, enabling him to better control his future and ongoing physical symptoms.
“I can only suggest that if there are no notes there must be pressure put on to the NHS to keep better notes. This case was handled by Sarah Huntbach who did the best she could without full information of the surgical operation. Thank you.” Client S
For more information
For help with a potential clinical negligence claim, please contact Sarah Huntbach on email@example.com or 0121 214 3579.
Two final pieces of the possession jigsaw have been published on 15 September 2020. Mr Justice Knowles’ working group on possession proceedings has issued its guidance on the “overall arrangements” for possession proceedings.
One change proposed by the Building Safety Bill is the introduction of a duty holder regime, which will see statutory responsibility for the safety of higher risk buildings placed on key individuals
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
A recent increase in COVID-19 cases in the UK means new measures are being put in place in an effort to reduce the risk of a second wave. Whilst the impact of COVID-19 continues to be felt, it is important to remain focused on the sector’s road to recovery.
Sometimes half an hour at a conference gives you the reality that has been staring you in the face all along. That was my experience watching “Change is on the Horizon”
Following our recent e-briefing on Possession Notices, Helen Tucker and Emilie Pownall from our housing litigation team discuss the impact of the changes on social landlords.
Not only has the possession stay been extended until 20 September, the notice periods to be given to tenants has been extended in certain circumstances with some important exceptions.
The Court has confirmed that a party cannot withhold its consent in order to re-write the original bargain.
Following the Grenfell Tower tragedy, building safety continues to be a key concern for social housing providers and their residents.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.