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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JX MX v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) – WLR Daily

JX MX v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) [2015] EWCA Civ 96 ; [2015] WLR (D) 77

‘The Court of Appeal issued guidelines as to the principles which should apply, on an application for approval of a compromise of a claim of damages for personal injury brought by a child, where the court in the exercise of its power was deciding whether as a matter of necessity to withhold from the public the names of the parties to the litigation.

WLR Daily, 17th February 2015

Source: www.iclr.co.uk

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CA supports anonymity orders in personal injury approval hearings – UK Human Rights Blog

‘For some years there has been debate between the judges about whether anonymity orders should be made when very seriously injured people’s claims are settled and the court is asked to approve the settlement. This welcome decision of the Court of Appeal means that anonymity orders will normally be made in cases involving protected parties.’

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UK Human Rights Blog, 19th February 2015

Source: www.ukhumanrightsblog.com

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Jackson (Appellant) v Murray and another (Respondents) (Scotland) – Supreme Court

Jackson (Appellant) v Murray and another (Respondents) (Scotland) [2015] UKSC 5 (YouTube)

Supreme Court, 18th February 2015

Source: www.youtube.com/user/UKSupremeCourt

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Anonymity breakthrough in personal injury claims – Law Society’s Gazette

Posted February 18th, 2015 in anonymity, children, negligence, news, personal injuries by sally

‘Children and protected parties in medical negligence and personal injury cases should not be publicly named unless anonymity is either unnecessary or inappropriate, the Court of Appeal ruled today.’

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Law Society’s Gazette, 17th February 2015

Source: www.lawgazette.co.uk

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Near-drowned woman wins compensation over school swimming lesson – BBC News

Posted February 18th, 2015 in compensation, negligence, news, personal injuries, school children, teachers by sally

‘A woman who nearly drowned during a school swimming lesson when she was 10 years old has won a compensation battle at the High Court.’

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BBC News, 17th February 2015

Source: www.bbc.co.uk

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Insurance surgery: Up for the challenge – New Law Journal

‘How should local authorities respond to the compensation claims landscape, asks Carol Dalton.’

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New Law Journal, 13th February 2015

Source: www.newlawjournal.co.uk

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Graham v Commercial Bodyworks Ltd – WLR Daily

Posted February 11th, 2015 in appeals, employment, fire, law reports, personal injuries, vicarious liability by sally

Graham v Commercial Bodyworks Ltd [2015] EWCA Civ 47; [2015] WLR (D) 50

‘Where an employee, while at work, had perpetrated against his friend and colleague what was apparently intended to be a prank, by putting highly inflammable thinning agent on to his clothes and then igniting them, the employer was not vicariously liable.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

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No Duty of Care Owed to Extremely Reckless Friend Using Dangerous Machinery: Ford v Silverstone (2015) (QBD) – Zenith PI Blog

Posted February 6th, 2015 in accidents, duty of care, news, personal injuries, volunteers by sally

‘A Defendant did not owe a duty of care to a Claimant who, while helping him clear the grounds of the property, had of his own accord, attempted to unblock a wood chipper while the engine was on and lost three of his fingers.’

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Zenith PI Blog, 5th February 2015

Source: www.zenith.wordpress.com

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When notice is not required to succeed in an injury claim against a landlord – Zenith PI Blog

Posted February 5th, 2015 in appeals, landlord & tenant, news, notification, personal injuries by sally

‘The Appellant, (Edwards) rented a 2nd floor flat by way of an assured short hold tenancy from the Respondent (Kumarasamy). The Respondent was not the owner of the block of flats but had a long lease of the particular flat let to the Appellant. The Appellant suffered injury when he tripped over an uneven paving stone in the pathway ,between the front door of the block and the communal bins. The Respondent had received no notice of the defect prior to the accident. This was accepted.’

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Zenith PI Blog, 4th February 2015

Source: www.zenithpi.wordpress.com

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Rehabilitation code “needs to deliver faster results” – Litigation Futures

Posted February 3rd, 2015 in codes of practice, delay, mental health, news, personal injuries, rehabilitation by tracey

‘There should be tight deadlines on all parties to an injury claim – solicitors, insurers and rehabilitation providers – to ensure that rehabilitation achieves as much as it can, according to one well-known rehabilitation case management company.’

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Litigation Futures, 3rd February 2015

Source: www.litigationfutures.com

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Court of Appeal: Solicitors cannot recover costs if CFAs failed to comply with cancellation regulations – Litigation Futures

Posted February 2nd, 2015 in appeals, care homes, contracts, costs, fees, news, notification, personal injuries, solicitors by sally

‘Appeal judges have ruled that solicitors cannot recover their costs where conditional fee agreements (CFAs) fail to comply with the cancellation of contracts regulations, with a potential impact on a significant number of cases.’

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Litigation Futures, 2nd February 2015

Source: www.litigationfutures.com

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Girl, 7, awarded £10m in damages from King’s College Hospital Trust – BBC News

Posted January 23rd, 2015 in birth, compensation, hospitals, news, personal injuries by sally

‘A seven-year-old girl whose mind is “trapped in a body” that will not do as she wants has been awarded £10.1m.’

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BBC News, 22nd January 2015

Source: www.bbc.co.uk

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Cost of PI claims dropping fast, actuaries confirm – Litigation Futures

Posted January 20th, 2015 in costs, fees, news, personal injuries by sally

‘Legal fees for personal injury cases worth up to £100,000 fell by 65% in 2013, with an overall reduction of 14% in the cost of third-party injury claims, the Institute and Faculty of Actuaries has reported.’

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Litigation Futures, 19th January 2015

Source: www.litigationfutures.com

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General damages are not reduced because of age: the law set out with clarity – Zenith PI Blog

Posted January 19th, 2015 in damages, elderly, medical treatment, negligence, news, personal injuries by tracey

‘There are many reasons why personal injury litigators should read the decision of Judge Curran QC (sitting as a judge of the High Court) in Miller -v- Imperial College Healthcare NHS Trust [2014] EWHC 3772 (QB). One of the reasons is the detailed analysis of the argument that damages for pain and suffering should automatically be reduced because of a claimant’s age. As the judgment shows age can be an aggravating factor, not a matter that leads to a reduction in the award.’

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Zenith PI Blog, 17th January 2015

Source: www.zenithpi.wordpress.com

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