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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Criminal Acts and Compensation – Zenith PI Blog

Posted January 16th, 2015 in compensation, ex turpi causa, news, personal injuries by sally

‘The recent case of AB v Chief Constable of X Constabulary provided the High Court with an opportunity to review the doctrine of ex turpi causa and its application in personal injury cases.’

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Zenith PI Blog, 15th January 2015

Source: www.zenithpi.wordpress.com

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Whiplash Quantum Update – Zenith PI Blog

Posted January 15th, 2015 in damages, news, personal injuries, road traffic offences by sally

‘There are increasing numbers of post-April 2013 personal injury settlements being reported, many of which contain specific reference to the damages figure including the 10% uplift provided for by Simmons v Castle [2012] EWCA Civ 1288.’

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Zenith PI Blog, 13th January 2015

Source: www.zenithpi.wordpress.com

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Accidents abroad: The need for evidence of local standards – Zenith PI Blog

‘A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator. The Court of Appeal overturned the first instance decision where there had been no evidence of local standards of care and the judge had wrongly imposed an evidential burden of proof on the holiday company to prove it exercised reasonable care and skill in performance of the contract.’

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Zenith PI Blog, 13th January 2015

Source: www.zenithpi.wordpress.com

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THE REAL ADVANTAGES AND RISKS OF PART 36 – Zenith PI Blog

‘In Downing v Peterborough & Stamford NHS Foundation Trust [2014]EWHC 4216 (QB) heard by Sir David Eady on 12th December 2014 the Claimant received an additional £75,000 in damages after beating its own Part 36 offer.’

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Zenith PI Blog, 5th January 2015

Source: www.zenithpi.wordpress.com

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NHS trust fined £180,000 after patient suffers burns from overheated mattress – Local Government Lawyer

‘An NHS trust was fined £180,000 before Christmas after a patient suffered severe burns from a warming mattress.’

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Local Government Lawyer, 6th January 2015

Source: www.localgovernmentlawyer.co.uk

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