“Very much maligned” SARAH bill wins over sceptical peers – Litigation Futures

Posted December 17th, 2014 in bills, legislation, news, personal injuries by sally

‘The government’s Social Action, Responsibility and Heroism (SARAH) Bill, described as “very much maligned” by justice minister Lord Faulks, has survived its report stage in the Lords, with only a minor government amendment.’

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Litigation Futures, 16th December 2014

Source: www.litigationfutures.com

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Soho Theatre fined over fall that paralysed stage manager – BBC News

Posted December 16th, 2014 in fines, health & safety, news, personal injuries, theatre by tracey

‘A theatre where a stage manager was paralysed in a fall through an unmarked balcony door on to the stage below has been fined £20,000.’

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BBC News, 15th December 2014

Source: www.bbc.co.uk

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Stage manager is awarded £3.7m compensation after being left paralysed – The Guardian

Posted December 12th, 2014 in compensation, health & safety, news, personal injuries by sally

‘A stage manager for an award-winning theatre company, left paralysed after walking through an unmarked backstage door into “thin air” and falling three metres, has been awarded £3.7m in compensation, in one of the biggest payouts in the UK entertainment sector.’

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The Guardian, 11th December 2014

Source: www.guardian.co.uk

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Criminal Injury Compensation Authority (CICA)’s refusal of application for compensation arising out of Fetal Alcohol Spectrum Disorder (FASD) is endorsed by Court of Appeal : CP (A Child) v First Tier Tribunal (Criminal Injuries Compensation) – Zenith PI Blog

‘Yesterday the Court of Appeal gave a vote of confidence in CICA’s recent policy change on FASD inflicted injuries. The Court concluded that, as a foetus was not ‘any other person’ in the eyes of the criminal law, the mother’s damagingly excessive alcohol consumption was NOT an act of violence susceptible to compensation.

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Zenith PI Blog, 9th December 2014

Source: www.zenithpi.wordpress.com

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Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and another (British Pregnancy Advisory Service and Birthrights and another intervening) – WLR Daily

Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and another (British Pregnancy Advisory Service and Birthrights and another intervening) [2014] EWCA Civ 1554; [2014] WLR (D) 520

‘A mother who drank alcohol to excess while she was pregnant, resulting her child being born with permanent damage from foetal alcohol spectrum disorder, was not criminally liable for administering poison to “any other person” so as to inflict grievous bodily harm contrary to section 23 of the Offences Against the Person Act 1861. Because a foetus was not “any other person” for the purposes of section 23, and the harm had been inflicted on the child while she was in the womb, the child was not entitled to criminal injuries compensation.’

WLR Daily, 4th December 2014

Source: www.iclr.co.uk

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Bradford Lidl ‘slip’ fraudster Waheed Iqbal sentenced – BBC News

‘A man who deliberately “slipped” on a wet bag in a supermarket so he could make a £10,000 insurance claim has been given a suspended jail term.’

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BBC News, 5th December 2014

Source: www.bbc.co.uk

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Couple who faked son’s blindness for insurance claim are jailed – Daily Telegraph

Posted December 8th, 2014 in forgery, fraud, insurance, news, personal injuries, sentencing by sally

‘Former soldier Jeremy Jones and his wife Sally Anne Jones are given 12 months in prison after claiming their son had been blinded in one eye falling off his bike.’

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Daily Telegraph, 5th December 2014

Source: www.telegraph.co.uk

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Foetal alcohol damages case dismissed by Court of Appeal – BBC News

‘A child born with foetal alcohol syndrome is not legally entitled to compensation after her mother drank excessively while pregnant, the Court of Appeal has ruled.’

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BBC News, 4th December 2014

Source: www.bbc.co.uk

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What does Duty of Candour mean for employers? – Cloisters

‘So far, commentators have focused on the interplay between clinical negligence law and the Duty of Candour. But the latest requirements also have important repercussions for those in regulated professions such as doctors and nurses and their employment relationships. In this article, we look at steps which employers should now consider in light of the new Duty of Candour.’

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Cloisters, 1st December 2014

Source: www.cloisters.com

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Non-accidental Injury and Re-balancing the Burden of Proof – Family Law Week

Posted December 1st, 2014 in burden of proof, care orders, child abuse, child neglect, news, personal injuries by tracey

‘Dr John Fox, barrister of Lamb Building, reviews some recent cases which may suggest a re-consideration of the burden of proof in cases of alleged non-accidental injury.’

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Family Law Week, 27th November 2014

Source: www.familylawweek.co.uk

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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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