Cloisters

Experts

6

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Contributions by Cloisters Experts

6

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
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
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.

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
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
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.

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