Vicarious Liability Considered by the Court of Appeal- Fletcher v Chancery Lane Supplies Ltd [2016] – Zenith PI Blog

Posted October 28th, 2016 in evidence, news, personal injuries, vicarious liability by sally

‘An employer appealed a first instance decision in which it was held vicariously liable for the actions of employee.’

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Zenith PI Blog, 26th October 2016

Source: www.zenithpi.wordpress.com

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New birth injuries compensation scheme announced – BBC News

Posted October 18th, 2016 in birth, compensation, consultations, news, personal injuries by sally

‘Parents in England whose children are injured at birth may benefit from a new government compensation scheme.’

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BBC News, 17th October 2016

Source: www.bbc.co.uk

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NHS legal bills for catastrophic childbirth blunders triples in a decade – Daily Telegraph

Posted October 17th, 2016 in birth, compensation, hospitals, news, personal injuries by tracey

‘Compensation claims against the NHS for catastrophic blunders in childbirth have tripled in a decade, official figures show, as ministers promise “dramatic” changes to improve the safety record of Britain’s maternity units.’

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Daily Telegraph, 17th October 2016

Source: www.telegraph.co.uk

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Insurers gloomy as Truss ditches whiplash reform plans – Law Society’s Gazette

Posted October 13th, 2016 in fraud, insurance, news, personal injuries by tracey

‘Justice secretary Liz Truss has shelved plans for a major overhaul of the personal injury sector, the Gazette has learned.’

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Law Society’s Gazette, 13th October 2016

Source: www.lawgazette.co.uk

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Star Wars firm fined £1.6m over Harrison Ford injury – BBC News

Posted October 13th, 2016 in accidents, fines, health & safety, media, news, personal injuries by tracey

‘A production company behind the latest Star Wars movie has been fined £1.6m ($2m) after Harrison Ford broke his leg on set.’

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BBC News, 12th October 2016

Source: www.bbc.co.uk

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Material Contribution – Carder v University Of Exeter (2016) – Zenith PI

Posted October 7th, 2016 in asbestos, damages, news, personal injuries by tracey

‘Albert Victor Carder v University Of Exeter [2016] EWCA Civ 790. The Court of Appeal held that an asbestosis sufferer was entitled to recover damages from an employer who had contributed 2.3% of his overall exposure to asbestos dust. The contribution, whilst undoubtedly very small, had materially contributed to the respondent’s medical condition and was not de minimis.’

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Zenith PI, 5th October 2016

Source: www.zenithpi.wordpress.com

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Lorry driver jailed for ploughing into car – leaving motorist with fractured skull – Daily Telegraph

Posted October 6th, 2016 in dangerous driving, guilty pleas, news, personal injuries, sentencing by tracey

‘A lorry driver who ploughed a vehicle packed with steel into a line of rush-hour traffic, leaving one seriously injured, has been jailed.’

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Daily Telegraph, 5th October 2016

Source: www.telegraph.co.uk

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The Fight Against Fraud – Success or Failure? – Zenith PI Blog

Posted September 26th, 2016 in costs, fraud, news, personal injuries by sally

‘Earlier this month the Scottish government set out its plans to introduce legislation emulating the funding arrangements which have now been in place south of the border for some time. The Expenses and Funding of Civil Litigation Bill, expected to be introduced next year, will permit DBAs to be enforceable by solicitors and will introduce a regime of QOCS, now three years old, countrywide. Though there are few details on how QOCS will work in practice, it is reasonable to expect that the exceptions in the current system will apply equally to the new regime.’

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Zenith PI Blog, 23rd September 2016

Source: www.zenithpi.wordpress.com

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Fraud – several bites of the cherry? – Zenith PI

Posted September 20th, 2016 in appeals, fraud, insurance, news, personal injuries, Supreme Court by tracey

‘The recent case of Zurich Insurance Co v Hayward [2016] 3WLR 637 undoubtedly strengthens the hand of insurance companies. It resolves certain issues of uncertainty, but, as I shall indicate, appears to create further problems.’

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Zenith PI, 15th September 2016

Source: www.zenithpi.wordpress.com

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Lawyers aghast at SRA plans to lift cold-calling ban – Law Society’s Gazette

‘Personal injury lawyers have warned that Solicitors Regulation Authority plans to remove a ban on cold calling will only encourage the shadier elements of the profession.’

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Law Society’s Gazette, 15th September 2016

Source: www.lawgazette.co.uk

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Accident abroad but claim commenced here against MIB – damages are to be assessed in accordance with the law of the state where accident occurred – Zenith PI Blog

‘Miss Moreno was injured in an RTA in Greece by an uninsured driver. Liability was admitted. Miss Moreno brought a claim against the MIB in the UK as is permissible under the various Council Directives of the EU (culminating in the Sixth Directive 2009/103/EC) and consequent Regulations that implement those directives in the UK.’

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Zenith PI Blog, 12th September 2016

Source: www.zenithpi.wordpress.com

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Insurance surgery: English drama or Greek tragedy? – New Law Journal

‘Peter Allchorne translates the message from Moreno v Motor Insurers’ Bureau for motor accident victims.’

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New Law Journal, 17th August 2016

Source: www.newlawjournal.co.uk

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Compensation payout for mum left unable to open her jaw wider than 2cm after botched operation – Daily Telegraph

Posted August 31st, 2016 in compensation, doctors, medical treatment, negligence, news, personal injuries by sally

‘A mother-of-one has received a six figure payout after a botched operation left her unable to open her mouth wider than 2cm for five years.’

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Daily Telegraph, 30th August 2016

Source: www.telegraph.co.uk

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Finally – insurers get it in the neck for not passing on whiplash savings – Legal Futures

‘The insurance industry had a taste of its own PR medicine over the weekend after The Times accused insurers of “cheating motorists” by not passing on whiplash savings.’

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Legal Futures, 30th August 2016

Source: www.legalfutures.co.uk

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Insurance fraudster who tried to blame his solicitor jailed for eight months – Litigation Futures

Posted August 26th, 2016 in contempt of court, fraud, insurance, news, personal injuries, sentencing, solicitors by sally

‘A man who brought a fraudulent personal injury claim, and then tried to blame his solicitor for bringing the action without his knowledge, has been jailed for eight months for contempt of court.’

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Litigation Futures, 25th August 2016

Source: www.litigationfutures.com

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When it comes to unsettling settlements, everybody needs good neighbours: Hayward v Zurich Insurance Co [2016] EWCA Civ 327 – Park Square Barristers

‘On 27th July 2016 the Supreme Court handed down their Judgment in the case of Hayward. The case was concerned with whether or not a Defendant, who had settled a personal injury claim despite pleading that the same was exaggerated, could later seek to set aside that settlement on the basis that new evidence of fraud arose.’

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Park Square Barristers, 12th August 2016

Source: www.parksquarebarristers.co.uk

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An expensive mistake: defendant to discontinued action sanctioned in costs for failure to comply with the pre-action protocol – Zenith PI Blog

‘Although a first instance decision of a district judge, the case of Nicole Chapman v Tameside Hospital NHS Foundation Trust (Bolton County Court, 15 June 2016, Case number B74YM281) warrants some attention. The defendant was ordered to pay the unsuccessful claimant’s fixed costs on discontinuance because of its failure to comply with the pre-action protocol.’

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Zenith PI Blog, 23rd August 2016

Source: www.zenithpi.wordpress.com

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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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