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  28.11.2023

  United Kingdom

  A warning to those reporting on diagnostic imaging - KJY v University College Hospital NHS Foundation Trust

  With the UK Government announcing at the end of October 2023 that 160 community diagnostic centres will be open by March 2024, it is a burgeoning time for those working in diagnostics. Medical malpractice claims arising from the misreporting of radiology can, however, be costly. Whilst we do not have the data for non-NHS claims, NHS Resolution’s Annual Report and Accounts 2022 to 2023 showed that radiology claims made up 4% of the clinical claims received in 2022/23 (402 claims out of a total of 10,062) and cost 2% of the total value of clinical claims received in 2022/23 (£118,144,000...

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  27.11.2023

  United Kingdom

  Video surveillance in personal injury cases - QBE UK Limited v Mark Raymond Hilton

  An individual who exaggerated his injuries following an accident at work has been found in contempt of court and sentenced to 10 months, following the use of surveillance footage by insurer, QBE.BackgroundOn 31 July 2023, the court determined whether QBE UK Limited’s (“QBE”) application for permission to commence contempt proceedings against Mr Mark Hilton would be granted. Originally, Mr Hilton had issued proceedings, seeking damages of £600,000, following an accident at work. Within the defence, liability was admitted and proceedings, therefore, progressed in respect of...

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  22.11.2023

  United Kingdom

  Supreme Court, deliberate concealment and limitation periods

  On 15 November 2023, the Supreme Court rejected the final appeal from a commercial lender on the interpretation of section 32 of the Limitation Act 1980 on postponement of the commencement of the limitation period in the case of fraud, concealment or mistake in Canada Square Operations Ltd v Potter [2023] UKSC 41.Delivering the unanimous decision of the Supreme Court, Lord Reed analysed the development of the law on limitation and found that case law on section 32 of the Limitation Act 1980 (the Act) had “travelled a long way from the statutory language”. Applying the original statutory...

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  17.11.2023

  United Kingdom

  Proposed legislation would radically expand the UK’s class action regime

  15 November 2023 saw publication of two proposed amendments to the Digital Markets, Competition and Consumers Bill that would have significant impacts on the UK’s class action regime:First, a proposed amendment, introduced by Sir Robert Buckland, to expand the jurisdiction of the UK Competition Appeal Tribunal (the “CAT”) to consumer class actions (the “Buckland Amendment”).  At present, the CAT only has jurisdiction for competition class actions.Second, a proposal to reverse the effect of the Supreme Court’s decision in PACCAR, in relation to damages claims...

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  16.11.2023

  United Kingdom

  Criminal liability for injuries in Sport – when does it arise?

  It is reported that a man has been arrested on suspicion of manslaughter following the death of ice hockey player, Adam Johnson, on 28 October 2023, during a game between the Nottingham Panthers and the Sheffield Steelers at Sheffield’s Utilita Arena. Mr Johnson, who played for Nottingham Panthers, died as a consequence of a fatal neck injury sustained during the game. There has been little said publicly about the precise circumstances of the injury. Leaving the particulars of Mr Johnson’s injury aside, it does raise the question of when it is appropriate for criminal proceedings to...

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  16.11.2023

  Hungría

  Hungary holds public consultation for draft law on electronic identification and signatures in the financial sector

  On 10 November 2023, the Prime Minister's Cabinet Office submitted for public consultation the draft “Law on the Digital State and Certain Rules for the Provision of Digital Services” (“Digital Citizenship Law”).This Digital Citizenship law is linked to the National Digital Citizenship Programme, which aims at making it easier and faster for “digital citizens” (more precisely: every person resident in Hungary) to manage their affairs through a single mobile application. The mobile application will allow users to prove their identity, settle their payments to...

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