Opportunity doesn’t knock twice: recovering damages for consequential loss – Hardwicke Chambers

‘Today’s banks are in receipt of the largest fines ever imposed by the Financial Conduct Authority (FCA), or its predecessor the Financial Services Authority (FSA), and although they are taking responsibility for a number of failings (eg PPI, Derivatives, LIBOR and FOREX), restrictions on recovering loss, in particular where consequential loss is concerned, have come under significant scrutiny. This article examines the measure of loss in tort and contract, and particularly explores investors’ difficulties when making claims for loss of profit caused by mis selling.’

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Hardwicke Chambers, 31st March 2016

Source: www.hardwicke.co.uk

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Musician sues Royal Opera House over ruined hearing – BBC News

Posted April 1st, 2016 in health & safety, news, noise, personal injuries by sally

‘A renowned viola player is suing the Royal Opera House for ruining his hearing and his career during rehearsals of Wagner’s Die Walkure.’

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BBC News, 1st April 2016

Source: www.bbc.co.uk

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The law of vicarious liability is on the move… and hasn’t finished moving yet – Zenith PI Blog

Posted March 23rd, 2016 in negligence, news, personal injuries, prisons, vicarious liability by tracey

‘“The law of vicarious liability is on the move”, so began Lord Reed in his judgment in Cox -v- Ministry of Justice [2016] UKSC 10.’

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Zenith PI, 23rd March 2016

Source: www.zenithpi.wordpress.com

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Same Accident, Same Defendant, Two Separate CNFs (One Claiming Vehicle Damage and Credit Hire; the Other PI) Proceed as Separate Claims at all Times, One Settles After Issue, the Other Does Not and is Issued – Abuse of Process or Not? – Zenith PI Blog

Posted March 22nd, 2016 in abuse of process, accidents, costs, news, personal injuries, striking out by sally

‘Last week I went off to the County Court at Newcastle to defend a strike out application made by the Defendant alleging abuse of process. I suspect this won’t be the first time that this factual scenario has arisen where defendants have sought to strike out a claim and where they have been successful, but here the claim was allowed to proceed because it was found that there was no abuse.’

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Zenith PI Blog, 21st March 2016

Source: www.zenithpi.wordpress.com

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Bannisters that never were – Nearly Legal

‘You wait for 4 years for another case on bannisters and the Defective Premises Act 1972 and then two come along at once…

Sternbaum v Dhesi [2016] EWCA Civ 155

Dodd v Raebarn Estates Ltd & Ors [2016] EWHC 262 (QB)

Both can be dealt with fairly quickly and together, as the courts follow the same lines. Both cases involved falls on stairs, very sadly in Dodd, a fatal fall. In each case, there was no bannister to the staircase. Both claims were on appeal from being dismissed at first instance.’

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Nearly Legal, 20th March 2016

Source: www.nearlylegal.co.uk

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Nuisance calls by ‘ambulance chasers’ soar despite attempts at crackdown – Daily Telegraph

‘One in five people receives an unsolicited, nuisance call every day in a practice fuelled by “ambulance-chasing lawyers,” a report has warned. The compensation culture, which is driven by claims management companies, has soared, despite government attempts to crack down on the practice.’

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Daily Telegraph, 21st March 2016

Source: www.telegraph.co.uk

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Cerys Edwards death: CPS could press criminal charges against driver – The Guardian

Posted March 17th, 2016 in children, dangerous driving, news, personal injuries, prosecutions, sentencing by tracey

‘Prosecutor reviewing whether motorist should face new charges after girl dies nine years after crash left her paralysed.’

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The Guardian, 16th March 2016

Source: www.guardian.co.uk

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PI claims more combative in England & Wales than elsewhere, says research – Litigation Futures

Posted March 9th, 2016 in conflict of interest, legal profession, news, personal injuries by tracey

‘The personal injury claims process in England and Wales is combative and often involves inflated opening offers on the claimant side, while claimant lawyers suspect defendants engage in similar tactics such as raising defences they know lack merit, according to academic research.’

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Litigation Futures, 8th March 2016

Source: www.litigationfutures.com

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Of sink holes and strict liability – Nearly Legal

‘Lafferty v Newark & Sherwood District Council [2016] EWHC 320 (QB). Does section 4(4) of the Defective Premises Act 1972 create a strict liability on the landlord for any defect, such that it covers latent or undetectable defects? The short answer is no. This appeal sets out why.’

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Nearly Legal, 6th March 2016

Source: www.nearlylegal.co.uk/blog/

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The Child in the Road Part 2 – Zenith PI Blog

‘Six months ago I discussed at some length the issues arising from the decision of the Supreme Court in Jackson v Murray [2015] PIQR P249. More recently in Sabir v Osei-Kwabena [2016] PIQR Q56, the problem cropped up again, this time in the Court of Appeal.’

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Zenith PI, 7th March 2016

Source: www.zenithpi.wordpress.com

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John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust – WLR Daily

Posted March 7th, 2016 in causation, contribution, damages, delay, law reports, negligence, personal injuries by tracey

John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust: [2016] EWHC 407 (QB)

‘The claimant suffered a head injury and was taken to a hospital managed by the defendant. A CT scan was performed some six hours after his admission and he was transferred to another hospital where he underwent surgery. He was left with cognitive and neuropsychological deficits. He claimed damages in negligence against the defendant contending, inter alia, that the defendant’s negligent delay in undertaking the CT scan had resulted in a period of raised intra-cranial pressure which had caused or materially contributed to his brain damage. The defendant contended that only if the claimant could establish that damaging raised intra-cranial pressure caused by the defendant’s negligence had caused his brain injury that, applying the classic “but for” test of causation, he could recover as against the defendant, and that it was insufficient to establish “material contribution”.’

WLR Daily, 16th March 2016

Source: www.iclr.co.uk

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CA strikes down judge’s decision not to award 10% Simmons uplift – Litigation Futures

Posted March 4th, 2016 in appeals, costs, damages, judiciary, legal aid, news, personal injuries by tracey

‘A circuit judge was wrong to believe he had discretion not to apply the post-LASPO 10% uplift in damages, the Court of Appeal has ruled.’

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Litigation Futures, 3rd March 2016

Source: www.litigationfutures.com

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Part 36 Trumps Fixed Costs (and no Donald in Sight): Broadhurst and Taylor v Tan and Smith [2016] EWCA Civ 94 – Zenith PI Blog

‘In a claim which starts under the Pre-Action Protocol for Low Value Personal Injury Claims (in this case the RTA Protocol), what happens when a Claimant obtains a judgment against a defendant which is at least as advantageous to them as the proposals contained in a Part 36 offer – does the Claimant recover fixed costs only, as per the regime, or does the Claimant recover costs on an indemnity basis?’

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Zenith PI Blog, 1st March 2015

Source: www.zenithpi.wordpress.com

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G4S to sell controversial youth jail contracts – The Guardian

‘The private security firm G4S is to sell its UK children’s services business, including its contracts to run two youth prisons, weeks after damning footage emerged of its staff using excessive force on children.’

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The Guardian, 26th February 2016

Source: www.guardian.co.uk

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Supreme Court rejects ‘illogical’ precedent on death payments – Law Society’s Gazette

Posted February 25th, 2016 in accidents, appeals, asbestos, damages, news, personal injuries, Supreme Court by sally

‘The Supreme Court has ruled that a mesothelioma victim’s family was under-compensated because of the date when damages were calculated.’

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Law Society’s Gazette, 24th February 2016

Source: www.lawgazette.co.uk

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Supreme Court rewrites law on multipliers in fatal accident cases – Legal Futures

‘The Supreme Court has overturned two House of Lords judgments in ruling that the multiplier in assessing damages for fatal accident claims should be calculated from the date of the trial, not the date of death.’

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Litigation Futures, 24th February 2016

Source: www.litigationfutures.com

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Offers & CRU – Crooks v Hendricks Lovell Ltd [2016] – Park Square Barristers

Posted February 24th, 2016 in benefits, compensation, news, part 36 offers, personal injuries by sally

‘On the 15th January 2016 the Court of Appeal gave judgment in the case of Crooks v Hendricks Lovell Limited [2016] EWCA Civ 8, which concerned the interpretation of an offer made by a Defendant to settle a claim for personal injury and associated losses.’

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Park Square Barristers, 9th February 2016

Source: www.parksquarebarristers.co.uk

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Fraudulent credit hire claim leads to successful tort of deceit claim for costs of investigating such credit hire & exemplary damages – Park Square Barristers

Posted February 24th, 2016 in damages, deceit, fraud, insurance, news, personal injuries, road traffic by sally

‘Judy Dawson discusses how a combination of a quick witted insurer claims handler, a tenacious solicitor, and the expertise of the Park Square Barristers Civil Fraud Team led to a successful result against a fraudulent Claimant.’

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Park Square Barristers, 2nd February 2016

Source: www.parksquarebarristers.co.uk

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Challenging Government Decisions a Pain in the Neck – Henderson Chambers

‘On 11 December 2015, Cranston J gave Judgment in Speed Medical Examination Services Limited v Secretary of State for Justice [2015] EWHC 3585 (Admin). Cranston J held that the Defendant’s reforms in respect of the system for obtaining medical reports in whiplash cases was not open to challenge on grounds of irrationality or its purported anticompetitive effects.’

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Henderson Chambers, 3rd February 2016

Source: www.hendersonchambers.co.uk

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Supreme Court gives guidance on the admissibility and use of expert evidence – Cloisters

‘Rachel Barrett discusses Kennedy v Cordia (Services) LLP, in which the Supreme Court has given detailed and practical guidance on the admissibility and use of expert evidence in the course of a judgment concerning the remit of employers’ duties to take care for their employees’ safety at work.’

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Cloisters, 10th February 2016

Source: www.cloisters.com

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