Exchange Chambers

@ExchangeChambers

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Mootis
 Posted: 6 days ago

 Read time: 0 mins 33 secs

Bill Braithwaite QC has reacted to news that the interest rate used in the calculation of damages awards to those suffering life changing injuries from clinical negligence has been slashed by the Lord Chancellor. The Ministry of Justice announced the discount rate would drop from 2.5 per cent to minus 0.75 per cent.

"This is hugely significant - it could double some damages awards," said Bill.

"For someone in their twenties, lump sum damages would change from £4.8 million to £11 million. For someone in their sixties, where it impacts less, lump sum damages would change from £3.8 million to £6.5 million."

  • Yasmin Ameer  @YasminAmeer

     Posted:6 days ago

    This is a very sensible decision. The current rate is far too high and claimants in catastrophic cases have been under compensated for years.

  • Twentyfour7 PR   @Twentyfour7PR

     Posted:6 days ago

    Insurers are not going to take this lying down. Lord Chancellor is starting another consultation process.

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Bill Braithwaite QC
 Posted: 112 days ago

 Read time: 2 mins 1 secs

I've been lecturing and writing about experts for 25 years, but the same points arise again and again.

A friend of mine pointed me to a case report that I wouldn’t have seen otherwise, because it doesn’t relate to brain injury, but shoulder dystocia.

The claimant’s obstetric expert was Ms Chaliha, about whom the judge said:
“In his closing submissions, Mr B made a number of serious criticisms of Ms Chaliha. I quote below from his written submissions

i) She undertook to provide expert evidence in respect of a shoulder dystocia in 1993 in circumstances where she had no experience of managing a shoulder dystocia until 1998

ii) She failed to supplement that knowledge by reference to any textbook other than a single textbook published in the UK, and accepted “on reflection” that she should have done more

iii) She failed to give a balanced opinion in her report

iv) She was evasive and prolix in the face of difficult questions

v) She made unjustified criticisms in her report

vi) She made several unjustified and unexplained attempts to change her opinion in favour of the Claimant at trial

vii) She appeared not to understand the relevant anatomy

viii) She appeared not to understand the basics of managing shoulder dystocia

T

hese are serious criticisms, but I regret to say that they are justified.

I found Ms Chaliha to be a distinctly unimpressive witness, with a serious lack of knowledge of clinical practice in 1993 and a worrying lack of appreciation of the importance of basing her opinions by the standards pertaining at that time.

In her report, in considering the standard of care in 1993, Ms Chaliha referred only to one textbook, an American publication …. Asked why she referred only to it, Ms Chaliha gave the astonishing answer that it was the only textbook she had readily to hand.

The approach adopted by Ms Chaliha to what was a fundamental part of her report was, in my judgment, unbalanced and highly misleading. The misfortune of such an approach is that it may provide a claimant with an unrealistic hope of success or fatally weaken what might otherwise be a valid claim….

There are other features in Ms Chaliha’s report and evidence which appeared to demonstrate a worrying lack of understanding of some of the basic anatomical principles.”


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Exchange Chambers
 Posted: 118 days ago

 Read time: 0 mins 40 secs

Steven Crossley in successful defence

Steven Crossley from Exchange Chambers successfully represented PC James Ellerton, of Merseyside Police, in his trial for Dangerous Driving at Liverpool Crown Court.

PC Ellerton struck a scrambler motorcycle being ridden by Devere Ogungboro with his police vehicle. Mr Ogungboro had been riding the scrambler bike dangerously in populated areas of Liverpool City Centre and, in order to prevent his return to the city centre and to protect members of the public from injury, PC Ellerton deliberately made contact with Mr Ogungboro's motorcycle. PC Ellerton was subsequently charged with an offence of Dangerous driving himself and last week acquitted after trial.

The case attracted national press interest.

Steven is a leading member of Chambers' Police Law and Professional Discipline Team.

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Exchange Chambers
 Posted: 132 days ago

 Read time: 1 mins 13 secs

Exchange Chambers welcomes trio of London barristers

Manchester-based Exchange Chambers has continued its fast-paced expansion by welcoming three new barristers from London sets.

Fraud advocate Robert O’Sullivan QC has joined Exchange Chambers as a door tenant from 5 Paper Buildings, while criminal and regulatory specialists Stella Hayden and Ray Smith have joined as full members from Furnival Chambers and 9 Bedford Row.

Exchange Chambers, based in Manchester, Liverpool and Leeds, now has 169 members, including 16 silks.If the Set grows at its projected rate, it will have over 200 members within the next three years.

Tom Handley, director of Chambers at Exchange Chambers, said:"Robert O’Sullivan QC is an outstanding barrister who regularly appears in the very biggest cases, while Stella and Ray are highly regarded criminal and regulatory specialists - areas in which Chambers is particularly strong.”

Stella Hayden said:"Having thoroughly enjoyed my time in London, I have decided the time is right to return to the north west.

“I am attracted by Exchange Chambers’ outstanding reputation. I appreciate the emphasis Chambers places on quality and feel that this ethos complements the approach I take to my own practice and the ambition I have for my career.”

Exchange Chambers recently secured its highest ever rankings in the newly released Legal 500, where it was described as a 'regional powerhouse' and praised for its 'great depth of experience and expertise at all levels.'

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Yasmin Ameer
 Posted: 135 days ago

 Read time: 0 mins 37 secs

An ambulance service has apologised for the death of a woman after a paramedic told her to take paracetamol for chest pains.

Carol Wilson’s husband, Peter, called 111 on New Year’s Day in 2015 after she had been suffering from chest pains for a few days, as well as severe throat and ear pain, and pain on breathing.

The 111 service sent a paramedic to the couple’s Sheffield home at about 7am but, rather than giving her a heart scan or taking her to hospital, they said she should take paracetamol.

Wilson, 70, who had three sons, died in her sleep two days later as the result of a heart condition.

#MedicalNegligence

https://www.theguardian.com/uk-news/2016/oct/20/woman-died-after-paramedic-told-her-take-paracetamol-chest-pains-carol-wilson
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Legal News Service
 Posted: 135 days ago

 Read time: 0 mins 40 secs

Announcing the initiative, the Ministry of Justice (MoJ) said that no individuals would be named or singled out – leaving the status of past scandals unresolved.

If the historical homosexual crime is no longer illegal and involved a consensual act with someone over the age of 16, then those convicted will be deemed to have received a posthumous pardon.

The complexity of the evidence that led to Wilde’s conviction in 1895 for gross indecency – including evidence of procuring male prostitutes – would make it difficult to assess. The gay rights organisation Stonewall suggested that the playwright and author, who was sentenced to two years hard labour in Reading jail, should now be entitled to a pardon.

More info here: https://www.theguardian.com/culture/2016/oct/20/posthumous-pardons-law-may-see-oscar-wilde-exonerated
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Sangeet Kaur
 Posted: 138 days ago

 Read time: 0 mins 6 secs

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Castro Sammartino & Pierini. Attorneys at Law
 Posted: 139 days ago

 Read time: 0 mins 27 secs

Labor costs in Argentina

Labor costs in Argentina are one of the key issues foreign investors should carefully review when doing business in our country. Following, we will break down the current costs of holding and terminating a labor relationship in Argentina.

1. Salaries

Workers in Argentina
must earn at least the minimum salaries set forth by the collective bargaining
agreement applicable to their particular relationships. Irrespective of the
above ... Should you want to know more, please, read the full article on our Legal Blog.