Mind the gap: immigration rules and human rights are not coterminous – Free Movement

Posted April 22nd, 2015 in human rights, immigration, news, personal injuries, tribunals, visas by sally

‘In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights law. There is a growing body of case law that recognises that the two bodies of law are not, contrary to the Home Office position, coterminous. The latest is R (on the application of Chen) v Secretary of State for the Home Department) (Appendix FM – Chikwamba – temporary separation – proportionality) IJR [2015] UKUT 189 (IAC) on, you guessed it, the House of Lords case of Chikwamba and the proportionality of having to travel abroad in order to apply from abroad.’

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Free Movement, 22nd April 2015

Source: www.freemovement.org.uk

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Current Issues in Cerebral Palsy & Brain Injury Claims – Cloisters

Posted April 21st, 2015 in birth, hospitals, negligence, news, personal injuries by sally

‘This is the legal round up slot. There have been a number of interesting first instance cerebral palsy cases reported in 2014/15. The most interesting of which are Tippett v Guy’s & St Thomas’ Hospital NHS Foundation Trust [2014] EWHC 917 (QB) and Baynham v Royal Wolverhampton Hospitals NHS Trust [2014] EWHC. I am going to focus on these two cases.’

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Cloisters, 9th April 2015

Source: www.cloisters.com

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Leapfrog granted: The death knell for Cookson v Knowles? – Cloisters

‘It has long been the case that the multiplier in a fatal accident claim is assessed at the date of death rather than at the date of trial: Cookson v Knowles [1979] AC 556. This is unlike the position in personal injury claims with living claimants where the multiplier is assessed at the date of trial.’

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Cloisters, 24th April 2015

Source: www.cloisters.com

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Key highlights from record-breaking court awarded clinical negligence trial – Cloisters

‘William Latimer-Sayer highlights some points arising out of the record-breaking award in Robshaw v United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB).’

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Cloisters, 10th April 2015

Source: www.cloisters.com

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Family of burglar who fell through roof face £250k bill for trying to sue council – Daily Telegraph

‘Judge rules in Staffordshire council’s favour after Thomas Buckett suffered 10 skull fractures and spent two weeks in a coma.’

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Daily Telegraph, 14th April 2015

Source: www.telegraph.co.uk

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SRA warns firms against misleading marketing as inducements ban kicks in – Legal Futures

Posted April 14th, 2015 in advertising, inducements, law firms, news, personal injuries by sally

‘The Solicitors Regulation Authority (SRA) has warned personal injury firms against misleading marketing as the government’s ban on the use of inducements came into force yesterday.’

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Legal Futures, 14th April 2015

Source: www.legalfutures.co.uk

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Satellite litigation warning as new fundamental dishonesty rule comes into force – Litigation Futures

‘The new rule on fundamental dishonesty in personal injury actions, which comes into force today under section 57 of the Criminal Justice and Courts Act 2015, brings with it “a lot of potential for satellite litigation”, a leading defence lawyer has warned.’

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Litigation Futures, 13th April 2015

Source: www.litigationfutures.com

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Vidal-Hall v Google Inc (Information Commissioner intervening) – WLR Daily

Vidal-Hall v Google Inc (Information Commissioner intervening) [2015] EWCA Civ 311; [2015] WLR (D) 156

‘A claim for misuse of private information should be categorised as a tort for the purposes of service of proceedings out of the jurisdiction.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

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PART 36 of the CPR – Offers are changing – Park Square Barristers

‘Part 36 of the Civil Procedure Rules encourages parties to settle their disputes. It does this by imposing sanctions if one party turns down an offer to settle but then doesn’t get a better result at trial. The rules are complex, so Andrew Mitchell takes a closer look at the latest changes to Part 36.’

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Park Square Barristers, 1st April 2015

Source: www.parksquarebarristers.co.uk

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ASA rejects personal injury advert complaint because consumers ‘now understand how claims work’ – Legal Futures

‘The Advertising Standards Authority (ASA) has rejected a complaint against a west country personal injury law firm, saying that consumers now have “a general awareness that to have a valid claim there would have to be some degree of fault or negligence by a third party”.’

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Legal Futures, 8th April 2015

Source: www.legalfutures.co.uk

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Personal injury claims: cases of fundamental dishonesty – Park Square Barristers

Posted April 7th, 2015 in fraud, inducements, news, personal injuries by sally

‘On 12 February 2015, the Criminal Injuries and Courts Act 2015 received royal assent. Buried in the midst of this legislation are 5 sections which address issues of significant importance and interest to personal injury (PI) lawyers – cases of fundamental dishonesty and inducements.’

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Park Square Barristers, 31st March 2015

Source: www.parksquarebarristers.co.uk

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PE teacher paid £40,000 following an injury when demonstrating the long jump – Daily Telegraph

Posted April 7th, 2015 in compensation, news, personal injuries, teachers, trade unions by sally

‘A PE teacher who won £41,000 after injuring himself while demonstrating the long jump​​ and a teacher given £75,000 for tripping over a carpet were ​ among thousands of claims worth more than £26 million last year.’

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Daily Telegraph, 3rd April 2015

Source: www.telegraph.co.uk

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Chester ‘cash-for-crash’ bus fraud: Ringleader convicted – BBC News

Posted April 7th, 2015 in conspiracy, fraud, gangs, news, personal injuries by sally

‘The ringleader of a gang who ran a “cash-for-crash” scam involving bus passengers has been convicted of fraud.’

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BBC News, 2nd April 2015

Source: www.bbc.co.uk

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Serious Injury Cases: Another Example of the Judges Going Back to Basics – Zenith PI Blog

Posted April 2nd, 2015 in birth, damages, hospitals, negligence, news, personal injuries by sally

‘An earlier post looked at several cases this year where judges have considered fairly fundamental principles of damages when assessing serious personal injury claims. This trend can be seen again in a case decided today Robshaw -v-United Lincoln Hospitals NHS Trust [2015] EWHC 923 (QB).’

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Zenith PI Blog, 1st April 2015

Source: www.zenithpi.wordpress.com

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Those who settle claims “with eyes wide open” cannot revive them, appeal judges tell insurer – Litigation Futures

Posted April 2nd, 2015 in insurance, misrepresentation, news, personal injuries by sally

‘An insurer cannot use the law of misrepresentation to unpick a personal injury settlement made with its “eyes wide open”, the Court of Appeal has ruled.’

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Litigation Futures, 1st April 2015

Source: www.litigationfutures.com

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Google’s misuse of private browsing data entitles individuals to damages – Court of Appeal – UK Human Rights Blog

‘This case concerned the misuse of private information by an internet provider based in the United States. Google had secretly tracked private information about users’ internet browsing without their knowledge or consent, and then handed the information on to third parties (a practice known as supplying Browser-Generated Information, or ‘BGI’).’

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UK Human Rights Blog, 31st March 2015

Source: www.ukhumanrightsblog.com

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Cathedral sues NHS after worshipper tripped and injured foot – Daily Telegraph

Posted March 30th, 2015 in Church of England, doctors, health, negligence, news, personal injuries by sally

‘Lawyers claim injury was much worse than it would have been with appropriate treatment.’

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Daily Telegraph, 28th March 2015

Source: www.telegraph.co.uk

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NIHL: Disease or Injury and Does it Really Matter? – Zenith PI Blog

‘A recent case heard by Mr Justice Phillips in the High Court has considered the increasingly popular argument that Noise Induced Hearing Loss is an injury rather than a disease.’

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Zenith PI Blog, 24th March 2015

Source: www.zenithpi.wordpress.com

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New sentencing measures to take effect next month – Ministry of Justice

‘A series of tougher sentencing measures, new criminal offences and a more balanced judicial review system will come into force when the Criminal Justice and Courts Act 2015 takes effect on 13 April.’

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Ministry of Justice, 20th March 2015

Source: www.gov.uk/government/organisations/ministry-of-justice

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Car crash Euro-damages against government upheld by CA – UK Human Rights Blog

‘The Court of Appeal has recently upheld the decision of Jay J here that a drug-dealer was entitled to compensation against the Government for injuries in a car accident, even though at the time he and the negligent driver both had drugs on them.’

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UK Human Rights Blog, 22nd March 2015

Source: www.ukhumanrightsblog.com

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