MoD unveils plans to take military combat claims away from court – Law Society’s Gazette

Posted December 2nd, 2016 in armed forces, negligence, news, personal injuries by sally

‘The Ministry of Defence today unveiled plans to prevent the courts from adjudicating on allegations that injuries or deaths in the course of combat were the result of negligence. Defence secretary Sir Michael Fallon said he wanted to stop service and ex-service personnel being ‘caught up’ in long and frustrating legal cases where costs escalate.’

Full story

Law Society’s Gazette, 1st December 2016

Source: www.lawgazette.co.uk

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When is an injury not an injury? – Doughty Street Chambers

Posted December 1st, 2016 in evidence, industrial injuries, insurance, news, noise, personal injuries by sally

‘The overworking of the de minimis argument in noise-induced hearing loss claims shows the need for proper evidental preparaton and some clearer guidance from the senior courts following Rothwell.’

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Doughty Street Chambers, 21st November 2016

Source: www.doughtystreet.co.uk

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No win, no fee adverts ‘common on NHS advice cards’ – BBC News

Posted November 29th, 2016 in advertising, hospitals, news, personal injuries by sally

‘Hundreds of NHS hospitals are hosting adverts for personal injury lawyers, marketing agencies have told the BBC.’

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BBC News, 28th November 2016

Source: www.bbc.co.uk

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Not so great at defence – MoD loses case after disclosure failure – Litigation Futures

Posted November 28th, 2016 in armed forces, disclosure, news, personal injuries, striking out by tracey

‘The Ministry of Defence (MoD) has had its defence to a multi-million pound personal injury claim struck out by the High Court for failing to comply with an unless order over its disclosure obligations.’

Full story

Litigation Futures,25th November 2016

Source: www.litigationfutures.com

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Afghanistan veteran wins landmark Q fever compensation claim – The Guardian

Posted November 25th, 2016 in Afghanistan, armed forces, damages, news, personal injuries by tracey

‘An Afghanistan war veteran who contracted Q fever has won a landmark compensation claim against the Ministry of Defence that could pave the way for payouts to others.’

Full story

The Guardian, 24th November 2016

Source: www.guardian.co.uk

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Cold calling, whiplash reform and IPT – Autumn Statement angers claimant lawyers – Legal Futures

Posted November 24th, 2016 in budgets, insurance, news, personal injuries, solicitors, taxation, telecommunications by tracey

‘Claimant personal injury lawyers have been left questioning why the government was prepared to announced in yesterday’s Autumn Statement that it is to ban cold-calling in relation to pensions, but not to stop it in personal injury – and whether Chancellor Philip Hammond let slip that the whiplash reforms are already a done deal.’

Full story

Legal Futures, 24th November 2016

Source: www.legalfutures.co.uk

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New crackdown on whiplash claims set to cut insurance premiums – Ministry of Justice

Posted November 23rd, 2016 in consultations, fraud, insurance, personal injuries, press releases by tracey

‘Millions of motorists could see their car insurance cut by about £40 a year thanks to plans to crackdown on the epidemic of whiplash claims.’

Full press release

Ministry of Justice, 17th November 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

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Lincoln soldier sues MoD over initiation ceremony – BBC News

Posted November 22nd, 2016 in armed forces, bullying, compensation, news, personal injuries by sally

‘A soldier who was left partially blind after an initiation ceremony at an army barracks is suing the Ministry of Defence (MoD) for compensation.’

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BBC News, 21st November 2016

Source: www.bbc.co.uk

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Council fined £250k after workers suffered following vibration exposure – Local Government Lawyer

Posted November 22nd, 2016 in costs, fines, health & safety, local government, news, personal injuries by sally

‘A district council has been fined £250,000 after a number of its workers were found to be suffering from ill-health relating to vibration exposure.’

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Local Government Lawyer, 21st November 2016

Source: www.localgovernmentlawyer.co.uk

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Breathing space for PI lawyers? Reforms unlikely to have impact until 2018 – Legal Futures

Posted November 21st, 2016 in civil procedure rules, news, personal injuries, small claims by sally

‘The government has indicated that its plans for personal injury reform will not become law for well over a year.’

Full story

Legal Futures, 21st November 2016

Source: www.legalfutures.co.uk

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Claimants with minor injuries “don’t need lawyers”, says government – Legal Futures

‘Low-value road traffic accident claims “are not so complex that claimants routinely require legal representation to pursue them”, the government has argued – and suggested that claims management companies and paid McKenzie Friends could help instead.’

Full story

Legal Futures, 17th November 2016

Source: www.legalfutures.co.uk

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Surveillance Skulduggery? – Zenith PI Blog

Posted November 17th, 2016 in case management, damages, evidence, news, personal injuries by sally

‘In Stewart v Kelly Blake J dealt with an application, made by a Defendant in a personal injury claim, to adduce surveillance evidence. The ex tempore judgment – currently available only in summary form – deals with the principles to be applied in relation to ambushes and surveillance.’

Full story

Zenith PI Blog, 15th November 2016

Source: www.zenithpi.wordpress.com

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Whiplash reaction: claimant lawyers vent fury at government – Legal Futures

Posted November 17th, 2016 in compensation, consultations, evidence, insurance, news, personal injuries by sally

‘Today’s announcement of government plans to reform personal injury claims has predictably split the market, with claimant representatives incensed and defendants pleased.’

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Legal Futures, 17th November 2016

Source: www.legalfutures.co.uk

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High Court rules on s.117 after-care services and personal injury damages – Local Government Lawyer

Posted November 16th, 2016 in damages, local government, news, personal injuries, social services by sally

‘It is not open to a council to refuse to make provision for a person otherwise entitled to after-care services under s.117 of the Mental Health Act 1983 on the basis that the claimant is in receipt of damages for personal injury including for the cost of such care, a High Court judge has ruled.’

Full story

Local Government Lawyer, 14th November 2016

Source: www.localgovernmentlawyer.co.uk

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CA ruling on fixed fees to have ‘substantial’ effect – Law Society’s Gazette

Posted November 14th, 2016 in civil procedure rules, costs, damages, fees, insurance, news, personal injuries by tracey

‘The Court of Appeal delivered some good news to claimants last week with a ruling on the level of fees that apply to cases listed for disposal, in a decision that Lord Justice Briggs said would have a “substantial” cumulative effect.’

Full story

Law Society’s Gazette, 14th November 2016

Source: www.lawgazette.co.uk

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Paralysed teenager wins £3m legal battle with implications for every horse owner – The Independent

Posted November 14th, 2016 in damages, horses, news, personal injuries, young persons by tracey

‘A teenager has won a £3m legal battle against her ex-boyfriend’s family after she fell off a “badly trained” horse and broke her back.’

Full story

The Independent, 12th November 2016

Source: www.independent.co.uk

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Caution: Slippery Claimant – Park Square Barristers

Posted November 9th, 2016 in appeals, civil procedure rules, costs, news, personal injuries by sally

‘Holly Clegg considers: If a Judge finds the Claimant’s evidence to be incredible, should the Defendant necessarily seek a finding of fundamental dishonesty? Not unless such a finding is clearly sustainable on the evidence, according to the case of Meadows v La Tasca Restaurants Limited.’

Full story

Park Square Barristers, 7th November 2016

Source: www.parksquarebarristers.co.uk

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One direction – New Law Journal

Posted October 31st, 2016 in costs, damages, news, part 36 offers, personal injuries by sally

‘Kerry Underwood examines qualified one-way costs shifting.’

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New Law Journal, 18th October 2016

Source: www.newlawjournal.co.uk

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Vicarious Liability Considered by the Court of Appeal- Fletcher v Chancery Lane Supplies Ltd [2016] – Zenith PI Blog

Posted October 28th, 2016 in evidence, news, personal injuries, vicarious liability by sally

‘An employer appealed a first instance decision in which it was held vicariously liable for the actions of employee.’

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Zenith PI Blog, 26th October 2016

Source: www.zenithpi.wordpress.com

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New birth injuries compensation scheme announced – BBC News

Posted October 18th, 2016 in birth, compensation, consultations, news, personal injuries by sally

‘Parents in England whose children are injured at birth may benefit from a new government compensation scheme.’

Full story

BBC News, 17th October 2016

Source: www.bbc.co.uk

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