NIHL: Disease or Injury and Does it Really Matter? – Zenith PI Blog

‘A recent case heard by Mr Justice Phillips in the High Court has considered the increasingly popular argument that Noise Induced Hearing Loss is an injury rather than a disease.’

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Zenith PI Blog, 24th March 2015

Source: www.zenithpi.wordpress.com

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New sentencing measures to take effect next month – Ministry of Justice

‘A series of tougher sentencing measures, new criminal offences and a more balanced judicial review system will come into force when the Criminal Justice and Courts Act 2015 takes effect on 13 April.’

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Ministry of Justice, 20th March 2015

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

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Car crash Euro-damages against government upheld by CA – UK Human Rights Blog

‘The Court of Appeal has recently upheld the decision of Jay J here that a drug-dealer was entitled to compensation against the Government for injuries in a car accident, even though at the time he and the negligent driver both had drugs on them.’

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UK Human Rights Blog, 22nd March 2015

Source: www.ukhumanrightsblog.com

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Statements of Case – Advice mainly to beginners, but we can all learn – Zenith PI

‘Advice mainly to beginners, but we can all learn.’

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Zenith PI, 18th March 2015

Source: www.zenithpi.wordpress.com

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Dalton and others v British Telecommunications plc – WLR Daily

Posted March 20th, 2015 in costs, fees, news, noise, personal injuries by tracey

Dalton and others v British Telecommunications plc; [2015] EWHC 616 (QB); [2015] WLR (D) 125

‘The term “disease” in section V of the former CPR Pt 45 included any illness (whether physical or physiological), disorder, ailment, affliction, complaint, malady or derangement other than a physical or physiological injury solely caused by an accident or other similar single event.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

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Burglar who sued prison for back injuries caught carrying stolen widescreen TV – Daily Telegraph

Posted March 19th, 2015 in compensation, costs, news, personal injuries, prisons, theft by sally

‘Judge rules HMP Manchester still has to pay Ryan Hough nearly £3,000 compensation for bunk bed fall despite burglar being caught taking TV in raid on fire-hit home.’

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Daily Telegraph, 18th March 2015

Source: www.telegraph.co.uk

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Personal injury Newsletter – Thirty Nine Essex Street

Posted March 19th, 2015 in asbestos, costs, damages, news, personal injuries, vicarious liability by sally

Personal Injury Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

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New Compulsory System for Obtaining Medical Report in Whiplash Claims is on the Starting Blocks. Are You Ready for it? – Zenith PI Blog

Posted March 18th, 2015 in expert witnesses, health, news, personal injuries, reports, road traffic by sally

‘MedCo Registration Solutions’ is the new compulsory system for sourcing medical reports in soft tissue injury claims brought under the PAP for low value PI claims in RTAs.

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Zenith PI Blog, 17th March 2015

Source: www.zenithpi.wordpress.com

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Rape victims with petty convictions denied compensation – The Guardian

‘The Criminal Injuries Compensation Authority routinely refuses to make awards to women who have committed minor offences.’

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The Guardian, 17th March 2015

Source: www.guardian.co.uk

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Radical overhaul of anonymity in approval hearings – Cloisters

Posted March 17th, 2015 in anonymity, media, news, personal injuries, private hearings by sally

‘The Court of Appeal have just handed down judgment in the key case of JXMX v Dartford and Gravesham NHS Trust [2015] EWCA Civ 96. This fundamentally changes the approach to anonymity in approval hearings.’

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Cloisters, 18th February 2015

Source: www.cloisters.com

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Two key legislative reforms to Personal Injury law due – Cloisters

Posted March 17th, 2015 in duty of care, inducements, legislation, negligence, news, personal injuries by sally

‘Two key pieces of legislation affecting personal injury and clinical negligence law, the Criminal Justice and Courts Act 2015 and the Social Action, Responsibility and Heroism Act 2015, were given royal assent on 12 February 2015 and are expected to come into force in April 2015.’

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Cloisters, 19th February 2015

Source: www.cloisters.com

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Judge criticises insurer bid to cut costs by reclassifying noise-induced hearing loss – Litigation Futures

‘A High Court judge has criticised the insurance industry over a failed attempt to have noise-induced hearing loss (NIHL) reclassified as an injury rather than a disease, in a bid to reduce the level of pre-Jackson success fees defendants would have to pay.’

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Litigation Futures, 16th March 2015

Source: www.litigationfutures.com

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Noise-induced hearing loss a disease, High Court rules – Law Society’s Gazette

The High Court has ruled that noise-induced hearing loss (NIHL) should be treated as a disease rather than an injury for the purpose of claims – and therefore be subject to higher success fees.

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Law Society’s Gazette, 17th March 2015

Source: www.lawgazette.co.uk

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Infertility helped your career, NHS tells lawyer – Daily Telegraph

‘A high flying city lawyer, who was rendered infertile after NHS blunders, was told she was due less compensation as children would have hampered her career.’

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Daily Telegraph, 6th March 2015

Source: www.telegraph.co.uk

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Plans to restrict use of conditional fee agreements in insolvency cases dropped ‘for the time being’ – OUT-LAW.com

Posted March 5th, 2015 in delay, fees, insolvency, insurance, news, personal injuries by tracey

‘Successful parties to insolvency cases will not be prevented from recovering conditional fee agreement (CFA) “success” fees and legal insurance premiums from their opponents from April, after the UK government extended a temporary exemption from the general ban “for the time being”.’

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OUT-LAW.com, 4th March 2015

Source: www.out-law.com

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Law firms and medical agencies launch judicial review over whiplash reforms – Litigation Futures

Posted March 5th, 2015 in consultations, expert witnesses, law firms, news, personal injuries by tracey

‘A group of personal injury firms and medical reporting agencies has pushed ahead with its plan to issue an application for judicial review against the government, challenging its reforms to medical reporting in whiplash cases.’

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Litigtation Futures, 3rd May 2015

Source: www.litigationfutures.com

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Assessing Damages: Why the Judges Go Back to Basics and the Very Practical Consequences – Zenith PI Blog

Posted February 25th, 2015 in compensation, damages, hospitals, news, personal injuries by sally

‘Recent cases have show that, when faced with difficult issues of calculation in personal injury cases, judges look back at the very basic principles of personal injury damages. These cases show how important the basic principles of personal injury damages are. The multiplicity of tools now available to assess damages can often lead to the most basic, and important, principles of the law of damages being overlooked when preparing for a trial. It is clear, however, that judges often look to these basic principles first when considering a complex assessment of damages.’

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Zenith PI Blog, 24th February 2015

Source: www.zenithpi.wordpress.com

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How your phone and fitness band could end up giving evidence against you – The Guardian

‘A criminal suspect can’t be forced to divulge their phone passcode, a US circuit court judge ruled in October 2014. Yet law enforcement officials can compel a suspect to provide a fingerprint – which they can then use to unlock the phone and obtain data which may prove the case against them.’

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The Guardian, 24th February 2015

Source: www.guardian.co.uk

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Personal injury: duty of care – Law Society’s Gazette

‘In December the High Court gave judgment in NA v Nottinghamshire County Council [2014] EWHC 4005 (QB). The claimant (who was born in 1977) said that while in her mother’s care she had suffered physical and emotional abuse, and that the defendant local authority had failed in their common law duty of care by failing either to remove her or protect her from the abuse.’

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Law Society’s Gazette, 23rd February 2015

Source: www.lawgazette.co.uk

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Law firms need to rethink approach under ‘fundamentally dishonest’ rule, barristers warn – Litigation Futures

Posted February 23rd, 2015 in barristers, burden of proof, law firms, news, personal injuries, solicitors by sally

‘Claimant solicitors have been warned that they need to review their retainers and advise clients about the implications of the new ‘fundamentally dishonest’ rule being introduced shortly.’

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Litigation Futures, 23rd February 2015

Source: www.litigationfutures.com

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