PI lawyers and insurers expect dip in RTA claims – Litigation Futures

‘Personal injury (PI) law firms and insurers expect a dip in workload over the next six months as a result of Covid-19 but expect the market to have recovered by the end of 2021, a survey has suggested.’

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Litigation Futures, 10th July 2020

Source: www.litigationfutures.com

Inquiry was “right to refuse” participants choice of lawyer – Legal Futures

Posted July 8th, 2020 in blood products, compensation, inquiries, medical treatment, news, solicitors by sally

‘The High Court has upheld a decision refusing two ‘core participants’ in the infected blood public inquiry the right to nominate their own solicitors.’

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Legal Futures, 8th July 2020

Source: www.legalfutures.co.uk

Windrush: at least five who applied for compensation die before receiving it – The Guardian

‘At least five people have died before receiving the Windrush compensation they had applied for, the government has revealed, reigniting concern about the slowness of the scheme.’

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The Guardian, 7th July 2020

Source: www.theguardian.com

Council to review decision-making process and reimburse mother after boy left without suitable education for second time – Local Government Lawyer

‘Norfolk County Council has agreed to review its decision-making process and internal communications in relation to its special educational needs services, and provide its People and Communities select committee with regular updates on its performance, following a critical report from the Local Government and Social Care Ombudsman.’

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Local Government Lawyer, 2nd July 2020

Source: www.localgovernmentlawyer.co.uk

‘Blow’ for PPF as UK pension compensation cap ruled unlawful – OUT-LAW.com

Posted July 2nd, 2020 in age discrimination, compensation, news, pensions by tracey

‘A statutory cap on compensation payable by the UK’s Pension Protection Fund (PPF) to those who have not yet reached pension age is unlawful discrimination on the grounds of age, the High Court has ruled.’

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OUT-LAW.com, 1st July 2020

Source: www.pinsentmasons.com

Women launch group action over mesh implants – Litigation Futures

‘Another group action has gone live this week, with more than 250 women left permanently injured by mesh implant surgery suing a group of pharmaceutical giants.’

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Litigation Futures, 26th June 2020

Source: www.litigationfutures.com

Over £46m paid to survivors of abuse at Lambeth children’s homes – The Guardian

‘A survivors’ group has secured a total of more than £46m compensation for 1,340 people who suffered “horrific” abuse in children’s care homes that were infiltrated by paedophiles over several decades.’

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The Guardian, 25th June 2020

Source: www.theguardian.com

Swift v Carpenter: Accommodation costs dispute reaches Court of Appeal – Law Society’s Gazette

Posted June 25th, 2020 in appeals, compensation, housing, news, personal injuries by sally

‘The fundamental and long-debated approach to awarding compensation for special accommodation today arrived at the Court of Appeal.’

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Law Society's Gazette, 23rd June 2020

Source: www.lawgazette.co.uk

‘I feel targeted’: Windrush victim decries compensation delays as racism – The Guardian

‘Anthony Williams arrived in Birmingham from Jamaica aged seven in 1971, and went to primary and secondary school before joining the army and serving with the Royal Artillery for 13 years. Later, he had a successful second career as a fitness instructor until 2013, when he found himself classified as an illegal immigrant and sacked from his job.’

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The Guardian, 21st June 2020

Source: www.theguardian.com

Council agrees to pay out £60k after Ombudsman report into failure to support autistic woman – Local Government Lawyer

Posted June 18th, 2020 in autism, compensation, local government, mental health, news, ombudsmen by sally

‘A council has agreed to pay a woman with autism, severe anxiety disorder and associated mental health disorders £60,000 after it failed to provide her with support for more than five years.’

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Local Government Lawyer, 15th June 2020

Source: www.localgovernmentlawyer.co.uk

Mesothelioma compensation scheme considered at appellate level for the first time – Hardwicke Chambers

‘The Upper Tribunal has handed down judgment in DP v Topmark Claims Management Ltd [2020] UKUT 0106 (AAC), which is the first time the Diffuse Mesothelioma Payment Scheme (“DMPS”) has been considered at an appellate level. It gave guidance on the scope of the scheme, as well as wider points on the nature of an appeal before the First Tier Tribunal (“FTT”) and on statutory interpretation.’

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Hardwicke Chambers, 2nd June 2020

Source: hardwicke.co.uk

Restoring companies to the register: article exploring issues arising in mesothelioma litigation and the conflict between the Compensation Act 2006 and 2010 – Parklane Plowden Chambers

‘This article intends to investigate probably well-rehearsed principles implied in bringing actions for personal injury against long-since defunct and even dissolved companies.’

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Parklane Plowden Chambers, 10th June 2020

Source: www.parklaneplowden.co.uk

Compensation for woman after rape trials collapse over police failings – BBC News

Posted June 11th, 2020 in child abuse, compensation, news, police, prosecutions, rape, victims by sally

‘A woman who police believe was sexually abused by a gang from the age of 12 has been paid a five-figure compensation sum after three trials collapsed following police failings.’

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BBC News, 11th June 2020

Source: www.bbc.co.uk

Telling my brother’s Windrush scandal story as a TV drama – BBC News

Posted June 11th, 2020 in citizenship, colonies, compensation, deportation, detention, immigration, news by sally

‘Anthony Bryan had lived and worked in Britain for 50 years when he was suddenly detained and almost deported.’

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BBC News, 8th June 2020

Source: www.bbc.co.uk

Covid-19 being used to “stall” brain injury claims – Litigation Futures

‘Just over a quarter (26%) of defendants are using Covid-19 as an excuse to stall brain injury claims, despite guidelines urging the parties to take a consensual approach, research has suggested.’

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Litigation Futures, 9th June 2020

Source: www.litigationfutures.com

Supreme Court to rule on Google representative action – Litigation Futures

‘The Supreme Court is to review a Court of Appeal decision to allow a £3bn representative action against Google for misuse of private data to go ahead.’

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Litigation Futures, 10th June 2020

Source: www.litigationfutures.com

Appeal allowed against Strike out of Secondary Victim claims arising out of Clinical Negligence – St John’s Chambers

‘In November 2019 Master Cook had struck out the secondary victim claims brought by the Claimants as a result of witnessing the heart attack and subsequent death of their father some 14 ½ months after the alleged negligent omission of the Defendant Trust. This was on the basis that the claims were bound to fail on a strict application of binding authorities including Taylor -v- A. Novo [2014] QB 150 because the shocking event in question was not proximate in time to the breach of duty. In Taylor v A. Novo the Court of Appeal had dismissed a secondary victim claim where the claimant’s mother had been injured by a falling stack of boards due to the negligence of a colleague at work and had subsequently collapsed and died at home as result of deep vein thrombosis secondary to the accident. The claimant witnessed her mother collapsing at home but not the accident itself. Her claim failed on proximity because the death of the claimant’s mother was not the relevant shocking “event”, which was the accident itself, and so the control mechanisms were not satisfied.’

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St John's Chambers, 4th June 2020

Source: www.stjohnschambers.co.uk

NHS Resolution expands mediation panel – Litigation Futures

‘NHS Resolution has added one provider to its mediation panel following what it said was a “highly competitive retender” process that saw the existing three reappointed.’

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Litigation Futures, 9th June 2020

Source: www.litigationfutures.com

New Act – legislation.gov.uk

Posted June 9th, 2020 in citizenship, colonies, compensation, immigration, legislation by tracey

Windrush Compensation Scheme (Expenditure) Act 2020

Source: www.legislation.gov.uk

Postmasters were prosecuted using unreliable evidence – BBC News

‘The Post Office prosecuted postmasters over missing money despite having evidence its own computer system could be to blame.’

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BBC News, 8th June 2020

Source: www.bbc.co.uk