Over the limit? – New Law Journal

Posted November 24th, 2014 in alcohol abuse, news, personal injuries, pregnancy by sally

‘Is the criminalisation of excessive alcohol consumption during pregnancy possible, asks David Locke.’

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New Law Journal, 20th November 2014

Source: www.newlawjournal.co.uk

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QOCS “does not apply” to appeals in PI cases started pre-LASPO – Litigation Futures

Posted November 24th, 2014 in appeals, civil procedure rules, costs, news, personal injuries by sally

‘Qualified one-way costs shifting (QOCS) does not apply on appeal if it did not apply at first instance, Master Haworth has ruled in the Senior Court Costs Office.’

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Litigation Futures, 24th November 2014

Source: www.litigationfutures.com

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Backlash on whiplash – New Law Journal

Posted November 18th, 2014 in compensation, expert witnesses, fees, Ministry of Justice, news, personal injuries by sally

‘Chris Pamplin looks at recent moves by the Ministry of Justice to control the whiplash claims industry & MROs.’

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New Law Journal, 14th November 2014

Source: www.newlawjournal.co.uk

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When a system of inspection simply isn’t enough – Zenith PI Blog

Posted November 18th, 2014 in appeals, housing, local government, news, personal injuries by sally

‘The circumstances of the claim are as follows. The Claimant had been visiting her parents who had lived for some years in sheltered housing owned by the Defendant. The Claimant’s parents’ accommodation had a back entrance, which was approached by way of a tarmac path, beside which were an area of patchy grass. There was a difference in level between the path and the earth of approximately two and a half inches. At trial the Judge found that the edge of the path was clear and did not need to be marked. He accepted that the Claimant had stepped half on and half off the path which has caused her ankle to cockle and for her to fall.’

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Zenith PI Blog, 17th November 2014

Source: www.zenithpi.wordpress.com

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Of cricket balls and Velux windows – a victory for Lord Denning and the common law right to hit a good six – Sports Law Bulletin from Blackstone Chambers

‘Flying cricket balls and noisy motorbikes have a long history of testing the legal balance between the public interest in sport and the private interest in the peaceful enjoyment of land or the avoidance of injury.’

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Sports Law Bulletin from Blackstone Chambers, 13th November 2014

Source: www.sportslawbulletin.org

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JR looms as MoJ admits: new whiplash rules “could lead to misunderstanding” – Litigation Futures

‘The Ministry of Justice (MoJ) has admitted that the new rules for whiplash claims, introduced on 1 October this year, “could in practice lead to some misunderstanding” and may have to be amended.’

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Litigation Futures, 14th November 2014

Source: www.litigationfutures.com

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Whiplash claimants to be given random choice of medical expert – Litigation Futures

Posted November 12th, 2014 in expert witnesses, news, personal injuries by tracey

‘The government is set to give claimants and their solicitors a random selection of medical experts to choose from as part of the next stage of whiplash reform, it has emerged.’

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Litigation Futures, 12th November 2014

Source: www.litigationfutures.com

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Powerboater injured in crash awarded £5.5m damages – Daily Telegraph

Posted November 12th, 2014 in costs, damages, news, personal injuries, rehabilitation, sport by tracey

‘A talented young powerboater who suffered catastrophic head injuries when two boats collided during a race has been awarded £5.5 million High Court damages.’

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Daily Telegraph, 11th November 2014

Source: www.telegraph.co.uk

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Top QC calls for enquiry into expert witness misconduct – Litigation Futures

‘A leading barrister has called for a study to examine whether anecdotal evidence of abuse and misconduct by expert witnesses is on the “industrial scale” alleged by some, as funding arrangements increase the risk of malpractice.’

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Litigation Futures, 10th November 2014

Source: www.litigationfutures.com

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‘You Can’t Always Get What You Want’ – The Defence of ‘Reasonable Practicability’ in a Claim for Breach of the Workplace Regulations – Zenith PI Blog

‘Whilst the caselaw suggests that a defence of ‘reasonable practicability’ in an employers liability claim will often be difficult for a Defendant to make out, a recent High Court decision is a reminder that such a defence can succeed in appropriate circumstances.’

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Zenith PI Blog, 6th November 2014

Source: www.zenithpi.wordpress.com

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Limitation: Constructive Knowledge re-visited. Howard Platt –v- BRB (Residuary) Limited [2014] EWCA Civ 1401 – Zenith PI Blog

Posted November 5th, 2014 in appeals, limitations, medical records, news, personal injuries by sally

‘On 15th October 2014, the Court of Appeal had cause to review the manner in which a claimant might find a claim statute barred by reason of constructive knowledge.’

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Zenith PI Blog, 5th November 2014

Source: www.zenithpi.wordpress.com

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Jimmy Savile trust challenges victims’ compensation scheme – BBC News

Posted November 5th, 2014 in BBC, charities, compensation, news, personal injuries, sexual offences, victims by sally

‘A charitable trust has launched an Appeal Court challenge over the compensation scheme for people who say they were abused by Jimmy Savile.’

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BBC News, 4th November 2014

Source: www.bbc.co.uk

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Inducements ban extended to third parties – Law Society’s Gazette

Posted October 24th, 2014 in inducements, law firms, news, personal injuries by sally

‘The government has moved to strengthen the proposed ban on personal injury firms offering inducements for claims.’

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Law Society’s Gazette, 23rd October 2014

Source: www.lawgazette.co.uk

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Second bite of the cherry? Bringing a second action against different employers for development of mesothelioma: abuse of process, cause of action estoppel and discretion under s33 Limitation Act 1980 considered – Zenith PI Blog

‘Would an action against employers who were unidentifiable at the time of an initial claim against 8 other employers in 2003 succeed where it was argued that such proceedings were an abuse of process of the court, that there was cause of action estoppel and where the claim was statute barred and required an application under s 33 Limitation Act 1980?’

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Zenith PI Blog, 21st October 2014

Source: www.zenithpi.wordpress.com

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Cognitive Deficit, Capacity And Quantum: A fresh look at how to approach cognitive deficit in PI claims – Zenith PI Blog

Posted October 21st, 2014 in appeals, citizenship, fraud, learning difficulties, news, personal injuries by sally

‘The Court of Appeal found a significant cognitive deficit, and consequent lack of capacity, notwithstanding recent evidence of minimal cognitive dysfunction, resulting in damages of equivalent to £2.3 million on a full liability basis.’

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Zenith PI Blog, 21st October 2014

Source: www.zenithpi.wordpress.com

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A guide to the Defective Premises Act 1972 (the DPA) – Zenith PI Blog

Posted October 21st, 2014 in defective premises, landlord & tenant, legislation, news, personal injuries by sally

‘The DPA 1972 is an important, but often misunderstood, piece of legislation within personal injury.’

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Zenith PI Blog, 17th October 2014

Source: www.zenithpi.wordpress.com

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PI: calculating disadvantage – Law Society’s Gazette

Posted October 21st, 2014 in compensation, damages, news, personal injuries by sally

‘The assessment of loss for the future earning capacity of a person suffering residual disability through injury has always been unsatisfactory. The method for calculating multipliers, multiplicands and understanding the at times unfathomable awards of the head of damages known as Smith v Manchester has been cloaked in mathematical illogicality.’

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Law Society’s Gazette, 20th October 2014

Source: www.lawgazette.co.uk

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Miners’ deafness claims against government on the rise – Litigation Futures

‘Compensation payouts to miners suffering from noise-induced hearing loss (NIHL) are rising sharply, government figures have shown.’

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Litigation Futures, 20th October 2014

Source: www.litigationfutures.com

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Catastrophic Claims – Costs Consequences of Life After Jackson – Byrom Street Chambers

Posted October 15th, 2014 in costs, damages, news, personal injuries by sally

‘Lord Justice Jackson and many others have on numerous occasions made it abundantly clear that the primary focus of the investigation into Civil Litigation, the main conclusions in the Final Report and the reforms implemented on and after 1 April 2013 was to control legal costs. The aim of the Final Report was
“to carry out an independent review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate costs”’

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Byrom Street Chambers, 6th October 2014

Source: www.byromstreet.com

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Court enforces German law on military wife’s damages – Law Society’s Gazette

‘An English claimant injured in a crash in Germany has failed in a bid to have her compensation case heard in England and Wales.’

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Law Society’s Gazette, 7th October 2014

Source: www.lawgazette.co.uk

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