Cloisters

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Contributions by Cloisters Experts

12

Bringing a claim—private law claim for breach of statutory duty
Bringing a claim—private law claim for breach of statutory duty
Practice notes

This Practice Note deals with the nature of a private law claim for breach of statutory duty, whether there can be a private law claim if the public authority fails to exercise a statutory power, breach of statutory duty versus negligence and why it can matter whether the public authority’s act was public or private in nature.

Cosmetic breast surgery claims
Cosmetic breast surgery claims
Practice notes

This Practice Note builds on the general principles of cosmetic surgery claims and focuses on breast enlargement, reduction or augmentation claims. It considers commonly encountered issues, the surgical procedure, potential defendants, and industry guidance.

Cosmetic surgery claims
Cosmetic surgery claims
Practice notes

This Practice Note is an introduction to cosmetic surgery claims. Practical guidance is provided on some commonly encountered issues including cosmetic surgery advertising, a lack of regulation, failure to review medical records and the failure to manage a patient’s expectations. The Practice Note also considers who the appropriate defendant should be in cosmetic surgery cases and provides a simple guide to valuing quantum.

Health care associated infections
Health care associated infections
Practice notes

This Practice note discusses what a health care associated infection is, sources of infection, specific examples of infections such as MRSA and c.diff, liability, statutory controls and complaints.

Identifying the correct defendant in clinical negligence claims
Identifying the correct defendant in clinical negligence claims
Practice notes

The purpose of this Practice Note is to provide some guidance on identifying the correct defendant in clinical negligence claims, particularly in the context of organisation of the NHS. It covers CCGs, NICE, NHSBT, PALS, GMC, BMA, Medical Defence Organisations, and NHS Resolution. It also discusses challenges faced and other issues like third parties paying for treatment and non-delegable duties.

Loss of a chance and foreseeability of damage in clinical negligence claims
Loss of a chance and foreseeability of damage in clinical negligence claims
Practice notes

This Practice Note deals with remoteness and foreseeability, failure to treat/loss of chance, failure to warn, failure to act, subsequent negligence, contributory negligence, foreseeability of harm and the rule that a tortfeasor must take his victim as he finds him.

Specific public sector equality duties—Wales
Specific public sector equality duties—Wales
Practice notes

This Practice Note examines the scope and requirements of the specific public sector equality duties which apply in Wales in addition to the general public sector equality duty under section 149 of the Equality Act 2010, enabling listed public authorities to achieve improved equality outcomes in compliance with the general duty. It covers the requirements in relation to the equality objectives, engagement, relevant information, equality impact assessments, monitoring, employment information, training, pay differences and action plans, strategic equality plans, annual reports, disclosure and accessibility of information, disclosure and confidentiality, public procurement and the duties of Welsh Ministers.

Claim against a care home for pressure sore injury
Claim against a care home for pressure sore injury
Precedents

This is a precedent negligence claim for pressure sore injuries suffered by a patient of a care home.

Claim against a care home for psychological injury and breach of human rights
Claim against a care home for psychological injury and breach of human rights
Precedents

This is a precedent claim against a care home for psychological injuries suffered by a patient and breach of the Human Rights Act 1998

Claim for personal injuries arising from a fall in a care home
Claim for personal injuries arising from a fall in a care home
Precedents

This is a precedent negligence claim for injuries suffered by a patient of a care home during a fall.

Defence against claim for occupational stress caused by harassment at work
Defence against claim for occupational stress caused by harassment at work
Precedents

This Precedent is a defence to a claim for occupational stress caused by harassment at work for negligence and/or breach of contract and/or breach of statutory duty under the Protection from Harassment Act 1997.

Particulars of claim for occupational stress caused by harassment at work
Particulars of claim for occupational stress caused by harassment at work
Precedents

This Precedent is for a claim for occupational stress caused by harassment at work alleging breach of common law duty and/or breach of contract and/or breach of statutory duty under the Protection from Harassment Act 1997.

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