Surveillance Skulduggery? – Zenith PI Blog

Posted November 17th, 2016 in case management, damages, evidence, news, personal injuries by sally

‘In Stewart v Kelly Blake J dealt with an application, made by a Defendant in a personal injury claim, to adduce surveillance evidence. The ex tempore judgment – currently available only in summary form – deals with the principles to be applied in relation to ambushes and surveillance.’

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Zenith PI Blog, 15th November 2016

Source: www.zenithpi.wordpress.com

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Whiplash reaction: claimant lawyers vent fury at government – Legal Futures

Posted November 17th, 2016 in compensation, consultations, evidence, insurance, news, personal injuries by sally

‘Today’s announcement of government plans to reform personal injury claims has predictably split the market, with claimant representatives incensed and defendants pleased.’

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Legal Futures, 17th November 2016

Source: www.legalfutures.co.uk

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High Court rules on s.117 after-care services and personal injury damages – Local Government Lawyer

Posted November 16th, 2016 in damages, local government, news, personal injuries, social services by sally

‘It is not open to a council to refuse to make provision for a person otherwise entitled to after-care services under s.117 of the Mental Health Act 1983 on the basis that the claimant is in receipt of damages for personal injury including for the cost of such care, a High Court judge has ruled.’

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Local Government Lawyer, 14th November 2016

Source: www.localgovernmentlawyer.co.uk

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CA ruling on fixed fees to have ‘substantial’ effect – Law Society’s Gazette

Posted November 14th, 2016 in civil procedure rules, costs, damages, fees, insurance, news, personal injuries by tracey

‘The Court of Appeal delivered some good news to claimants last week with a ruling on the level of fees that apply to cases listed for disposal, in a decision that Lord Justice Briggs said would have a “substantial” cumulative effect.’

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Law Society’s Gazette, 14th November 2016

Source: www.lawgazette.co.uk

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Paralysed teenager wins £3m legal battle with implications for every horse owner – The Independent

Posted November 14th, 2016 in damages, horses, news, personal injuries, young persons by tracey

‘A teenager has won a £3m legal battle against her ex-boyfriend’s family after she fell off a “badly trained” horse and broke her back.’

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The Independent, 12th November 2016

Source: www.independent.co.uk

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Caution: Slippery Claimant – Park Square Barristers

Posted November 9th, 2016 in appeals, civil procedure rules, costs, news, personal injuries by sally

‘Holly Clegg considers: If a Judge finds the Claimant’s evidence to be incredible, should the Defendant necessarily seek a finding of fundamental dishonesty? Not unless such a finding is clearly sustainable on the evidence, according to the case of Meadows v La Tasca Restaurants Limited.’

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Park Square Barristers, 7th November 2016

Source: www.parksquarebarristers.co.uk

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One direction – New Law Journal

Posted October 31st, 2016 in costs, damages, news, part 36 offers, personal injuries by sally

‘Kerry Underwood examines qualified one-way costs shifting.’

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New Law Journal, 18th October 2016

Source: www.newlawjournal.co.uk

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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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