Secondary victims: A race between the claimant and the ambulance? – Hardwicke Chambers

Posted August 27th, 2015 in negligence, news, personal injuries, victims by sally

‘It is hard to escape the notion that the rise in the number of secondary victim claims in recent years owes its success to the amorphous concept of ‘proximity’. The test of proximity itself is well established: a secondary victim claimant can only establish a claim in law as a result of witnessing an event or its immediate aftermath. Establishing proximity does not pose much of a problem if the claimant has witnessed an accident itself; what remains controversial is defining the limit of “the event” and its “immediate aftermath”. Having looked at the decisions of the Courts on this issue, one would be forgiven for thinking that the boundaries are imposed somewhat arbitrarily. ‘

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Hardwicke Chambers, 29th July 2015

Source: www.hardwicke.co.uk

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Setting the bar high for secondary victim claims – Hardwicke Chambers

Posted August 27th, 2015 in appeals, negligence, news, personal injuries, psychiatric damage, victims by sally

‘It had been 10 years since a secondary victim claim had reached the Court of Appeal when the important Taylor v A.Novo(UK) Ltd. [2014] QB 150 case was decided, in March 2013. By contrast, the last six months have seen a series of key decisions illustrating the approach first-instance Courts will take in the light of Taylor, namely Wild v Southend NHS; Brock v Northampton NHS; Berisha v Stone Superstore; Shorter v Surrey & Sussex NHS and culminating in another landmark Appeal decision in Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588.’
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Hardwicke Chambers, 29th August 2015

Source: www.hardwicke.co.uk

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O’Brien v Shorrock and another – WLR Daily

O’Brien v Shorrock and another [2015] EWHC 1630 (QB); [2015] WLR (D) 366

The obligation under paragraph 19.4 of the CPR Practice Direction 44, since amended, was to inform the other party, by the notice of funding, of the date when a conditional fee agreement with retrospective effect was made rather than the earlier date when it came into effect.

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

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This judgment could shake up how personal injury solicitors operate – The Guardian

‘A claim brought on behalf of two children hurt in an accident has thrown doubt on the use of success fees, and on the unintended consequences of scrapping legal aid in such cases.’

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The Guardian, 21st August 2015

Source: www.guardian.co.uk

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Supreme Court to decide whether insurers can reopen settlements made with “eyes wide open” – Litigation Futures

Posted August 17th, 2015 in fraud, insurance, news, personal injuries by sally

‘The Supreme Court is to rule on whether an insurer can reopen a settled case to revive an allegation of fraud.’

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Litigation Futures, 14th August 2015

Source: www.litigationfutures.com

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Model jailed for false whiplash claim – Law Society’s Gazette

Posted August 13th, 2015 in contempt of court, fraud, news, personal injuries, sentencing by sally

‘A model and semi-professional footballer has this week been jailed for two months for making up a personal injury claim.’

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Law Society’s Gazette, 12th August 2015

Source: www.lawgazette.co.uk

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Car crash not to blame for lack of training contract, judge tells litigant-in-person – Legal Futures

‘A judge has told a litigant-in-person that a road traffic accident (RTA) she was involved in was not to blame for her failure to secure a training contract.’

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Legal Futures, 10th August 2015

Source: www.legalfutures.co.uk

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Council criticised over refusal of direct payments based on Working Time Regulations – Local Government Lawyer

‘A council has admitted wrongly using the Working Time Regulations to refuse the direct payments they assessed a young man as needing, following an investigation by the Local Government Ombudsman.’

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Local Government Lawyer, 6th August 2015

Source: www.localgovernmentlawyer.co.uk

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First fine issued against rogue claims management company – Ministry of Justice

Posted August 7th, 2015 in claims management, fines, personal injuries, press releases by tracey

‘A firm responsible for bombarding people with millions of nuisance calls has become the first to be fined under new claims management regulation powers.’

Press release

Ministry of Justice, 5th August 2015

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

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Injuries to Infant with Bone Disorder: latest deliberations of the High Court – Family Law Week

‘Zimran Samuel, barrister of 42 Bedford Row, comments on Mr Justice Peter Jackson’s recent judgment concerning an infant with vitamin D deficiency induced rickets who had suffered multiple fractures.’

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Family Law week, 30th July 2015

Source: www.familylawweek.co.uk

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Claimant protected by QOCS despite earlier CFA, costs judge rules – Litigation Futures

Posted August 5th, 2015 in costs, fees, insurance, news, personal injuries by sally

‘A claimant is entitled to the protection of qualified one-way costs shifting (QOCS) even though she signed an earlier conditional fee agreement (CFA) for the same injury under the old rules, a regional costs judge has ruled.’

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Litigation Futures, 4th August 2015

Source: www.litigationfutures.com

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Did MoD owe marine duty of care? – Law Society’s Gazette

Posted August 4th, 2015 in armed forces, duty of care, news, personal injuries by sally

‘Spencer Vaughan was a Royal Marine taking part in an adventure training exercise in Gran Canaria. On the last day of the trip, his supervisor, Corporal Sanders told Spencer and his colleagues that they were free to do what they wanted until about 1.30pm. While visiting a tourist beach, Vaughan executed a shallow dive into the sea. At trial, he said that he had struck a sand bar. As a result he sustained a fracture of the cervical spine, which resulted in incomplete tetraplegia.’

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Law Society’s Gazette, 3rd August 2015

Source: www.lawgazette.co.uk

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Billet v Ministry of Defence– Ogden Tables Revisited – Zenith PI Blog

‘In 2009, the Claimant had been in the army and his role was as a HGV driver. He had been taking part in a field exercise in freezing weather and snow for six days having been provided with unsatisfactory footwear. The Claimant suffered a non-freezing cold injury to his feet. Despite treatment he still suffered symptoms in cold weather but was assessed as fit for service. The Claimant obtained an early termination of military service in 2011 because of family commitments. Due to the ongoing symptoms in his feet he issued a claim for damages against the MOD. Liability was agreed at 75% but the parties could not agree quantum.’

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Zenith PI Blog, 31st July 2015

Source: www.zenithpi.wordpress.com

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A key new case on jurisdiction where an accident happens abroad during a holiday booked from the UK: Brownlie v Four Seasons Holdings Incorporated [2015] EWCA Civ 665 – Henderson Chambers

‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’

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Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk

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Feest v South West Strategic Health Authority (Bay Island Voyages, third party) – WLR Daily

Feest v South West Strategic Health Authority (Bay Island Voyages, third party):[2015] EWCA Civ 708; [2015] WLR (D) 306

‘The time bar prescribed by article 16 of the Convention relating to the Carriage of Passengers and their Luggage by Sea, scheduled to the Merchant Shipping Act 1979, for the bringing of claims against a carrier did not apply to claims against a carrier for contribution in respect of the liability of others to the passenger.’

WLR Daily, 15th July 2015

Source: www.iclr.co.uk

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Government launches review of MedCo – after just three months – Litigation Futures

Posted July 17th, 2015 in consultations, expert witnesses, news, personal injuries by tracey

‘The Ministry of Justice (MoJ) today brought forward its planned six-month review of MedCo in response to the problems that have been encountered so far.’

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Full consultation

Litigation Futures, 16th July 2015

Source: www.lititgationfutures.co.uk

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How mad must you be, not to be responsible for your actions? – UK Human Rights Blog

Posted July 14th, 2015 in appeals, crime, mental health, negligence, news, personal injuries by tracey

‘Dunnage v. Randall & UK Insurance Ltd [2015] EWCA Civ 673, 2 July 2015
This is an extraordinary case, and one which goes deep down into why the law of wrongs (or torts) makes people compensate others for injury and losses, whereas the criminal law may decide that a crime has not been committed.’

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UK Human Rights Blog, 14th July 2015

Source: www.ukhumanrightsblog.com

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Met loses appeal over Guardian journalist hit by police car – The Guardian

Posted July 9th, 2015 in appeals, London, negligence, news, personal injuries, police by sally

‘Judges have cleared the way for the former Guardian journalist Donald MacLeod to claim damages from the Metropolitan police after he was left with brain injuries when he was hit by a police car answering an emergency call while he was cycling home.’

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The Guardian, 8th July 2015

Source: www.guardian.co.uk

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High Court abandons cost budgeting for clinical negligence claims to clear backlog – Litigation Futures

Posted July 3rd, 2015 in budgets, case management, costs, negligence, news, personal injuries by tracey

‘Costs budgeting will not be applied to High Court clinical negligence cases listed for costs hearings between October 2015 and January 2016 in an attempt to clear the backlog, it has emerged.’

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Litigation Futures, 2nd July 2015

Source: www.litigationfutures.com

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Lowdon-v-Jump Zone Leisure UK Limited [2015] EWCA Civ586 – Zenith PI Blog

Posted July 1st, 2015 in appeals, damages, expert witnesses, news, personal injuries by sally

‘This case concerned an appeal against an Order in which the Defendant was to pay the Claimant, Mr Lowdon, the sum of £17,000 by way of general damages for personal injury following injury he suffered as a result of riding on the Defendant’s equipment known as “The Hyper jump”.’
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Zenith PI Blog, 30th June 2015

Source: www.zenithpi.wordpress.com

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