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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Inebriated pedestrians: a fresh view on foreseeability and novus actus interveniens – Zenith PI Blog

‘A consideration of the Court of Appeal’s recent decision in Scott v Gavigan [2016] EWCA Civ 544 before Elias LJ, Clarke LJ and Simon LJ.’

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Zenith PI Blog, 22nd June 2016

Source: www.zenithpiwordpress.com

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PI lawyers call for independent probe on insurance fraud total – Law Society’s Gazette

Posted June 6th, 2016 in fraud, insurance, news, personal injuries by sally

‘Personal injury lawyers are urging the government to commission independent research about insurance fraud, disputing figures cited by the Ministry of Justice in its call for solicitors to act urgently to tackle the problem.’

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Law Society’s Gazette, 3rd June 2016

Source: www.lawgazette.co.uk

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Staking a claim – New Law Journal

‘Kerry Underwood concludes his 60th birthday tour with a master class on small claims, portals & Pt 36.’

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New Law Journal, 3rd June 2016

Source: www.newlawjournal.co.uk

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Whiplash: George Osborne’s Modest Proposal – Cloisters

Posted June 2nd, 2016 in compensation, consultations, damages, fraud, insurance, news, personal injuries by sally

‘In his 2015 autumn statement the Chancellor of the Exchequer, the Rt. Hon George Osborne MP, announced that to make it “harder for people to claim compensation for exaggerated or fraudulent whiplash claims, the government is ending the right to cash compensation”.[1] The proposal will remove the right of individuals to claim ‘general damages’ for minor whiplash injuries, compensation for injury, pain and suffering. However, the victims of such injury will still have the right to claim compensation for financial losses such as the costs of medical treatment or loss of earnings.’

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Cloisters, 24th May 2016

Source: www.cloisters.com

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Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted June 2nd, 2016 in compensation, damages, news, periodical payments, personal injuries by sally

‘Arguments concerning the indexation of periodical payments orders triggered many more cases than usual being tried out after 2005 on numerous heads of damage. Further cases followed after the issue of indexation was decided, leading to the landmark decision in Whiten (2011). In late 2014/2015 there has been a further spate of reported cases driven by the NHS LA. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.’

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Byrom Street Chambers, 24th May 2016

Source: www.byromstreet.com

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If you’re going to go down a steep slope, make sure you do it on your bottom! – Zenith PI Blog

Posted June 2nd, 2016 in appeals, duty of care, negligence, news, personal injuries by sally

‘In a decision handed down last week in English Heritage v Taylor [2016] EWCA Civ 448 the Court of Appeal upheld a first instance decision of a finding of breach of duty under section 2 of the Occupier’s Liability Act 1957 and a finding of 50% contributory negligence against the claimant. The issues centred around what was an obvious danger.’

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Zenith PI Blog, 20th May 2016

Source: www.zenithpi.wordpress.com

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Disabled man born after incest rape wins right to claim compensation – BBC News

‘A man born with severe disabilities after his mother was raped by her father has won the right to claim compensation.’

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BBC News, 1st June 2016

Source: www.bbc.co.uk

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Government admits defeat in bid to introduce fixed costs in clinical negligence on 1 October – Litigation Futures

‘The government has admitted that it will not be able to introduce fixed recoverable costs for clinical negligence cases on 1 October as planned.’

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Litigation Futures, 31st May 2016

Source: www.litigationfutures.co.uk

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Rule committee “sympathetic” with PIBA complaints about solicitors using unregistered barristers in court – Litigation Futures

‘The government has been asked to look at changing the Civil Procedure Rules to prevent solicitors from employing unregistered barristers as agents to represent clients in court.’

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Litigation Futures, 27th May 2016

Source: www.litigationfutures.com

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Court rules on QOCS protection in appeals – Law Society’s Gazette

Posted May 31st, 2016 in appeals, civil procedure rules, costs, news, personal injuries by tracey

‘Costs protection will apply to first appeals in personal injury proceedings, the High Court has ruled in a judgment intended to clear up an area of confusion.’

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Law Society’s Gazette, 30th May 2016

Source: www.lawgazette.co.uk

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Jackson: fixed costs grid is “starting point for debate” – Litigation Futures

Posted May 24th, 2016 in civil justice, costs, judges, negligence, news, personal injuries, speeches by sally

‘Lord Justice Jackson has sought to calm fears raised by the “grid of fixed costs” he proposed in January this year for all civil claims worth up to £250,000.’

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Litigation Futures, 24th May 2016

Source: www.litigationfutures.com

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If you’re going to go down a steep slope, make sure you do it on your bottom! – Zenith PI Blog

‘In a decision handed down last week in English Heritage v Taylor [2016] EWCA Civ 448 the Court of Appeal upheld a first instance decision of a finding of breach of duty under section 2 of the Occupier’s Liability Act 1957 and a finding of 50% contributory negligence against the claimant. The issues centred around what was an obvious danger.’

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Zenith PI Blog, 20th May 2016

Source: www.zenithpi.wordpress.com

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