Woman gets £2m over near-drowning in school swimming lesson – The Guardian

‘A woman who won a judgment against her local authority after she nearly drowned during a school swimming lesson 16 years ago has been awarded £2m in compensation.’

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The Guardian, 21st August 2016

Source: www.guardian.co.uk

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NHS hit with costs over “drip feed” disclosure – Litigation Futures

Posted August 9th, 2016 in costs, disclosure, news, personal injuries by sally

‘A district judge has made a costs order in favour a claimant who discontinued her occupier’s liability claim against a hospital, because the defendant NHS trust “drip-fed” documents that should have been disclosed up front under the pre-action protocol.’

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Litigation Futures, 9th August 2016

Source: www.litigationfutures.com

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What lies do to claims – the Supreme Court – UK Human Rights Blog

‘Twin doses of dishonesty in the Supreme Court, last month. Both raised dilemmas for the SC trying to steer a principled way (in different circumstances) towards determining the cost of lying.’

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UK Human Rights Blog, 6th August 2016

Source: www.ukhumanrightsblog.com

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Injury lawyers slam plans to delete company records – Law Society’s Gazette

Posted August 5th, 2016 in news, personal injuries, winding up by tracey

‘Proposals to delete millions of public records of dissolved companies could deny injured victims access to vital information, lawyers have warned.’

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Law Society’s Gazette, 5th August 2016

Source: www.lawgazette.co.uk

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MIB hails Supreme Court ruling over damages for overseas accidents – Litigation Futures

‘The Motor Insurers’ Bureau (MIB) has welcomed the clarity provided today by a Supreme Court ruling that damages for a UK resident badly injured by an uninsured driver in Greece should be assessed under Greek law.’

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Litigation Futures, 3rd August 2016

Source: www.litigationfutures.com

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Judge rues ‘attritional warfare’ in PI case – Law Society’s Gazette

Posted August 4th, 2016 in costs, law firms, news, personal injuries by Mark L

‘A High Court judge has heavily criticised the parties in a hotly contested personal injury case for their lack of co-operation.’

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Law Society’s Gazette, 3rd August 2016

Source: www.lawgazette.co.uk

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University forced to pay out for 2.3% contribution to employee’s asbestosis – Litigation Futures

Posted August 3rd, 2016 in asbestos, compensation, negligence, news, personal injuries, universities by tracey

‘The Court of Appeal has ruled that an employer who negligently contributed 2.3% of the asbestos fibres in the lungs of an asbestosis sufferer should have to pay proportional compensation.’

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Litigation Futures, 1st August 2016

Source: www.litigationfutures.com

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High Court judge criticises parties and their solicitors for “attritional warfare” – Litigation futures

Posted August 3rd, 2016 in case management, news, personal injuries, solicitors, video recordings by tracey

‘A High Court judge has criticised the conduct of the parties and solicitors on both sides of a personal injury dispute for engaging in the type of “attritional warfare” that has been dying out.’

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Litigation Futures, 3rd August 2016

Source: www.litigationfutures.com

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‘Fraud unravels all’: landmark Supreme Court ruling – Law Society’s Gazette

Posted July 28th, 2016 in appeals, costs, deceit, fees, fraud, insurance, news, personal injuries, Supreme Court by tracey

‘In a landmark ruling for lawyers and insurers, the Supreme Court has paved the way for personal injury settlements to be successfully challenged if the claimant is subsequently found to have lied.’

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Law Society’s Gazette, 27th July 2016

Source: www.lawgazette.co.uk

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The fight against fraud – New Law Journal

‘“Fundamental dishonesty” and other measures, outlined by Denise Brosnan.’

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New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

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The Simmons v Castle debate continues – Cloisters

‘Sarah Fraser Butlin considers the most recent EAT judgment on the issue in Olayemi v Athena Medical Centre.’

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Cloisters, 25th July 2016

Source: www.cloisters.com

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Tricky quantum case that grapples with PI claims involving multiple tortfeasers and disputes between experts – Cloisters

‘William Latimer-Sayer QC considers the case of XP V Compensa Towarzystwo SA v Przeyslaw Bejger [2016] EWHC 1728 (QB) in which Whipple J had to grapple with a number of tricky quantum issues.’

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Cloisters, 25th July 2016

Source: www.cloisters.com

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Criminal injuries compensation – Law Society’s Gazette

‘The courts have tackled the issue of compensation for criminal injuries inflicted before birth.’

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Law Society’s Gazette, 25th July 2016

Source: www.lawgazette.co.uk

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Has the Claimant Beaten its Part 36 Offer? Perhaps not as Simple as it Looks – Zenith PI Blog

‘HHJ Pelling QC considered whether, when considering if a claimant had beaten its Part 36 offer, the court should simply compare the amount of the judgment with the offer the claimant had made or if account should be taken of the interest that had accrued in the period leading up to the trial.’

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Zenith PI Blog, 13th July 2016

Source: www.zenithpi.wordpress.com

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The Disabled Child: State Provision of Care & Education, and the Implications for a Civil Claim – Byrom Street Chambers

‘This paper seeks to outline:
a. Local Authority (“LA”) obligations to provide care or other services to children under the Children Act 1989 and the Chronically Sick and Disabled Persons Act 1970
b. LA obligations under the Children and Families Act 2014 in relation to special educational needs and disability.’

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Byrom Street Chambers, 14th June 2016

Source: www.byromstreet.com

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The Armed Services and the Conflict of Laws: What Law Applies to Services Personnel Injured Abroad? – Old Square Chambers

‘In Rai v Ministry of Defence (HH Judge Mark Gargan sitting as a Deputy High Court Judge, judgment handed down on 9 May 2016), the Court had to determine whether the Rome II Regulation 864/2007 applied and to identify what was the proper law of the tort (Alberta law being the law of the place of the accident, or English law). The Claimant was a serving Ghurkha who, as part of Adventurous Training, was sent to Canada. In Canada he received training provided by a Canadian company (“Lazy H Trail Limited”) contracted to provide services, under a contract governed by Alberta law, for the benefit of the British Army. The circumstances of the accident were that the Claimant was kicked by a horse on the first day of training, as he attempted to clean the horse’s hoof, thereby suffering a head injury. The Claimant brought a claim for breach of a non-delegable duty of care in negligence against the Ministry of Defence.’

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Old Square Chambers, 16th June 2016

Source: www.oldsquare.co.uk

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Coroner to write to FA after boy is killed by touchline peg at match – The Guardian

Posted July 12th, 2016 in health & safety, inquests, news, personal injuries, sport by sally

‘A coroner is to write to English football’s governing body after a metal anchor peg from a touchline barrier was catapulted through the air and lodged itself in the skull of a 12-year-old boy, causing fatal injuries.’

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The Guardian, 11th July 2016

Source: www.guardian.co.uk

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Court overturns Senior Cost Judge’s decision to slash ATE premium by 60% – Litigation Futures

Posted July 7th, 2016 in appeals, costs, insurance, local government, news, personal injuries by sally

‘The Senior Costs Judge fell into the trap of considering an individual after-the-event (ATE) insurance premium rather than the basket of risk when he slashed a premium by 60% because he considered it unreasonably high, a senior circuit judge has ruled.’

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Litigation Futures, 6th July 2016

Source: www.litigationfutures.com

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Boy left with brain injuries at birth receives £11m compensation – The Guardian

‘The mother of a boy who was born with brain injuries after medical staff failed to notice his slowing heartbeat during labour has said she hopes she can provide a better quality of life for her son after receiving £11m in a high court settlement with the NHS.’

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The Guardian, 6th July 2016

source: www.guardian.co.uk

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Fletchers claims “major victory” on interim payments of costs – Litigation Futures

‘Southport injury firm Fletchers claims to have secured the first judgment ordering defendants to make an interim costs payment based on the new version of the rules which came into force in April 2013.’

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Litigation Futures, 5th July 2016

Source: www.litigationfutures.com

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