Rise in teachers’ injury payouts – The Guardian

Posted April 2nd, 2013 in accidents, assault, compensation, news, personal injuries, teachers by sally

“Teachers won record amounts of compensation last year after suffering accidents, injuries or assaults at school, figures show.”

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The Guardian, 29th March 2013

Source: www.guardian.co.uk

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Compensation culture: Fact or fantasy? – Speech by the Master of the Rolls

“In my Presidential address I want to examine ‘compensation culture’. This I imagine is something with which W. S. Holdsworth, notwithstanding his truly encyclopaedic knowledge of English law, would have been unfamiliar. We can let him off though. The term was apparently not coined until 1993; when it first appeared in The Times newspaper in an article by Bernard Levin entitled Addicted to welfare.”

Full speech

Judiciary of England and Wales, 15th March 2013

Source: www.judiciary.gov.uk

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Cold-calling prosecutions planned – Law Society’s Gazette

The Information Commissioner’s Office (ICO) is ready to prosecute up to a dozen more companies who carry out cold-calling and send spam text messages.

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Law Society’s Gazette, 22nd March 2013

Source: www.lawgazette.co.uk

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Jackson reforms: trials and tribulation – Law Society’s Gazette

Posted March 26th, 2013 in costs, damages, delay, fees, news, personal injuries, regulations by sally

“One could be forgiven for thinking the campaign to halt or defer the main planks of the civil justice reforms devised by Sir Rupert Jackson is still in full swing. To be fair to the refusniks, the impression that all was not settled has been given in part by the last-minute approach the Ministry of Justice has taken to issuing details on implementation. If the government and the senior judiciary had yet to say what was to come on, respectively, damages-based agreements and big-ticket costs budgeting, perhaps they were still open to persuasion?”

Full story

Law Society’s Gazette, 25th March 2013

Source: www.lawgazette.co.uk

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Man sued council for £33,000 after slipping on some berries – Daily Telegraph

Posted March 21st, 2013 in compensation, local government, news, personal injuries by sally

“A man successfully sued his town council for nearly £33,000 after slipping on some berries while walking through a churchyard and breaking a bone.”

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Daily Telegraph, 21st March 2013

Source: www.telegraph.co.uk

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Trouble for personal injury law firms means trouble for claimants – The Guardian

Posted March 21st, 2013 in costs, fees, law firms, news, personal injuries by sally

“While there is little public sympathy for solicitors the truth is that people will soon find it harder to claim compensation.”

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The Guardian, 21st March 2013

Source: www.guardian.co.uk

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Brumder v Motornet Service and Repairs Ltd and another – WLR Daily

Brumder v Motornet Service and Repairs Ltd and another [2013] EWCA Civ 195; [2013] WLR (D) 102

“In a personal injury claim, it did not lie in the mouth of a claimant who was a defendant company’s sole director and shareholder to assert that the company had not proved that it had done all it could to ensure compliance with safety regulations when it was only through the claimant that the company could act. In such a case the company would be entitled to raise a defence to that effect.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

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Public bodies ‘spending millions to snoop’ – BBC News

“A wide range of public bodies are using private detectives to do their surveillance work, with many using security firms to dodge legal restrictions, a campaign group says.”

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BBC News, 17th March 2013

Source: www.bbc.co.uk

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£1million compensation for man who fell in pothole – Daily Telegraph

Posted March 15th, 2013 in compensation, health & safety, news, personal injuries, roads by tracey

“A man who suffered a brain injury after tripping in a pothole has won an
estimated an estimated £1 million in damages.”

Full story

Daily Telegraph, 15th March 2013

Source: www.telegraph.co.uk

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Car insurance: MPs to investigate impact of whiplash claims – BBC News

Posted March 15th, 2013 in insurance, news, personal injuries, select committees by tracey

“MPs are to investigate the extent to which claims for whiplash injuries are
pushing up the cost of car insurance.”

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BBC News, 15th March 2013

Source: www.bbc.co.uk

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The future of personal injury – land of opportunity or time to get out? – Legal Futures

Posted March 14th, 2013 in fees, law firms, news, personal injuries by sally

“What many personal injury (PI) firms have long feared is finally upon us, and there is no turning back.”

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Legal Futures, 14th March 2013

Source: www.legalfutures.co.uk

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Sub-£2m cases “will be subject to costs management” amid criticism of big-case exemption – Litigation Futures

Posted February 22nd, 2013 in costs, judiciary, news, personal injuries by sally

“Cases before the Chancery Division, Technology and Construction Court (TCC), and Mercantile Courts that are worth less than £2m will be subject to costs management, it was confirmed yesterday.”

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Litigation Futures, 22nd February 2013

Source: www.litigationfutures.com

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Denham ‘crash for cash’ men jailed for Baljinder Gill death – BBC News

“Three men who deliberately caused a car crash that led to another collision in which a woman died have been jailed.”

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BBC News, 15th February 2013

Source: www.bbc.co.uk

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Bypassing lawyers would save £1.5bn, insurer claims – Law Society’s Gazette

Posted February 15th, 2013 in insurance, legal services, news, personal injuries, road traffic by sally

“Removing lawyers altogether from the small-claims process would save each motorist an average £60 a year on their car insurance premiums, a major insurer today [14 February] claimed.”

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Law Society’s Gazette, 14th February 2013

Source: www.lawgazette.co.uk

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Damages Act 1996: the discount rate – review of the legal framework – Ministry of Justice

Posted February 15th, 2013 in consultations, damages, news, personal injuries by sally

“This consultation paper seeks views on two subjects relating to the setting of the discount rate under section 1 of the Damages Act 1996:

Whether the legal parameters defining how the rate is set should be changed.

Whether there is a case for encouraging the use of periodical payment orders instead of lump sum payments.”

Full story

Ministry of Justice, 12th February 2013

Source: www.justice.gov.uk

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AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Same and others – WLR Daily

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Same and others [2013] EWHC 32 (QB); [2013] WLR (D) 49

“An intimate sexual relationship instigated by an undercover police officer with a member of the public for the purposes of obtaining information fell within the scope of ‘personal or other relationship with a person’ for the purposes of section 26(8) of the Regulation of Investigatory Powers Act 2000 so that, by section 65, the Investigatory Powers Tribunal had exclusive jurisdiction to hear a claim brought against the police under the Human Rights Act 1998.”

WLR Daily, 18th January 2013

Source: www.iclr.co.uk

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Pedestrians, contributory negligence and the current state of the law – Hardwicke Chambers

Posted February 8th, 2013 in contribution, news, personal injuries, road traffic by sally

“In a hearing of potential landmark significance, the Court of Appeal has given permission to the defendant in Probert v Moore [2012] EWHC 2324 (QB) to appeal against a finding that a 13 year old girl was not guilty of contributory negligence when struck by a car on an unlit country lane.”

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Hardwicke Chambers, 6th February 2013

Source: www.hardwicke.co.uk

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First use of power to strike out following Summers v Fairclough – Hardwicke Chambers

Posted February 8th, 2013 in abuse of process, fraud, news, personal injuries, striking out by sally

“The decision is of significance, because it is the first strike out of a fraudulent/exaggerated claim following the Supreme Court’s ruling in Summers v Fairclough Homes Limited [2012] 1 WLR 2004. Summers is authority for the proposition that under CPR 3.4(2) the court has power to strike out a statement of case on the ground that it is an abuse of process at any stage in the proceedings, including – but in very exceptional circumstances – at the end of a trial.”

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Hardwicke Chambers, 31st February 2013

Source: www.hardwicke.co.uk

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Mother Hazel Spence left paralysed by hospital error – BBC News

Posted January 29th, 2013 in damages, hospitals, medical treatment, news, personal injuries by sally

“A mother of two has been given a multimillion-pound payout by a Birmingham hospital, after mistakes during an operation left her paralysed.”

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BBC News, 29th January 2013

Source: www.bbc.co.uk

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Boy left brain damaged at birth wins £7.1m compensation – The Guardian

Posted January 10th, 2013 in birth, compensation, hospitals, medical treatment, negligence, news, personal injuries by sally

“A teenage boy who was left brain-damaged at birth has been awarded £7.1m damages after a 14-year legal battle by his mother against the hospital responsible.”

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The Guardian, 9th January 2013

Source: www.guardian.co.uk

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