140 women win payouts for vaginal mesh complications – The Independent

Posted August 20th, 2024 in compensation, medical treatment, news, personal injuries, time limits, women by tracey

‘Some 140 women who experienced distressing side effects after getting vaginal mesh implants have won payouts expected to stretch into millions of pounds in England.’

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The Independent, 19th August 2024

Source: www.independent.co.uk

Company fined £1m over worker’s 36ft fall – BBC News

‘A logistics company has been fined £1m after an employee fell 36ft (11 metres) on to a concrete floor.’

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BBC News, 6th August 2024

Source: www.bbc.co.uk

PXT (A Child) v Atere-Roberts [2024] EWHC 1372 (KB) Costs Management: possible, and beneficial, even when the Claimant is a child – 12 King’s Bench Walk

Posted July 24th, 2024 in accidents, chambers articles, children, costs, damages, news, personal injuries by tracey

‘In this case Master Brown ordered that a case involving a child claimant should be subject to costs management, despite falling within an exception to automatic costs budgeting, and despite the medical prognosis not yet being finalised.’

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12 King's Bench Walk, 12th July 2024

Source: costsandlitigationfunding.com

Can a Claimant Rely on an EU Directive to Avoid the Enterprise and Regulatory Reform Act 2013? – Ropewalk Personal Injury Blog

‘I recently acted in the High Court appeal in Wetherell v Student Loans Company Ltd [2024] EWHC 1443 (KB) which raises some interesting questions about the personal injury landscape after the Enterprise and Regulatory Reform Act 2013.’

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Ropewalk Personal Injury Blog, 10th July 2024

Source: ropewalk.co.uk

Man who slipped in puddle of Baileys on way to BA flight could get £4m – The Guardian

Posted July 10th, 2024 in accidents, airlines, compensation, news, personal injuries by tracey

‘A passenger who suffered a traumatic brain injury after slipping in a puddle of Baileys while heading for a flight could receive up to £4m in compensation.’

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The Guardian, 8th July 2024

Source: www.theguardian.com

Employment and personal injury case brought by trainee naval cadet struck out – 12 King’s Bench Walk

‘Robert Oldham, pupil barrister at 12 King’s Bench Walk, highlights the lessons for practitioners in Townsend v Corporation of Trinity House [2023] EWHC 3403 (KB), a claim for bullying and harassment that was struck out.’

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12 King's Bench Walk, 3rd July 2024

Source: pilawblog.com

High Court dismisses fundamentally dishonest £6.4m PI claim – Legal Futures

‘A man seriously injured in a motorbike crash “has only himself to blame” after his £6.4m claim was dismissed in the biggest case to date where fundamental dishonesty was found.’

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Legal Futures, 4th July 2024

Source: www.legalfutures.co.uk

Allegation of Fundamental Dishonesty? No Interim Payment Permitted – Parklane Plowden Chambers

‘In this case, the claimant brought a claim for serious injuries arising from a RTA in January 2019. As a consequence, the claimant suffered severe brain injury which he alleged caused a lack of capacity.’

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Parklane Plowden Chambers, 8th May 2024

Source: www.parklaneplowden.co.uk

Court of Appeal hands down ruling on use of medical research literature in care proceedings – Local Government Lawyer

Posted June 27th, 2024 in causation, children, evidence, families, news, personal injuries by sally

‘The Court of Appeal has allowed appeals brought by a mother and a father against findings made by a judge that their infant son sustained an injury through an acceleration/deceleration event – attributable to “a lack of reasonable parental care”.’

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Local Government Lawyer, 26th June 2024

Source: www.localgovernmentlawyer.co.uk

Compensation process broken, says RAF veteran – BBC News

Posted June 25th, 2024 in armed forces, compensation, complaints, health, news, ombudsmen, personal injuries by tracey

‘Any veteran who has an injury or illness as a result of service can apply for financial compensation from one of two schemes run by Veterans UK, a veterans service managed by the Ministry of Defence (MoD). The Armed Forces Compensation Scheme is in place for injuries on or after 6 April 2005. Anything before, is handled by the War Pension Scheme. Veterans have long criticised both schemes. Some say they reject claims unfairly, and are slow to resolve them.’

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BBC News, 25th June 2024

Source: www.bbc.co.uk

Woman who sued therapist for sexual assault wins £217,000 damages – The Guardian

Posted June 20th, 2024 in damages, negligence, news, personal injuries, prosecutions, rape by sally

‘A woman who claimed she was raped by a therapist who said penetration could help ease her trauma has been awarded more than £200,000 in damages in a high court ruling after she sued him over the alleged assaults.’

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The Guardian, 19th June 2024

Source: www.theguardian.com

Defining “disability” in serious injury litigation – Exchange Chambers

Posted June 12th, 2024 in chambers articles, damages, disabled persons, news, personal injuries by sally

‘In catastrophic injury litigation, there is often no dispute about “disability”. However, for the category claimants who sustain life changing injuries but are able to return to work in some form, a key issue in the claim is likely to be whether they are “disabled” for the purposes of an Ogden calculation of future earning capacity.’

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Exchange Chambers, 20th May 2024

Source: www.exchangechambers.co.uk

Strike-out on the basis of facts, not law – 12KBW Personal Injury Law Blog

‘Lukes v Kent & Medway NHS Trust and Kent Police [2024] EWHC 753 (KB) is an instructive illustration of whether strike-out applications can succeed on factual grounds against either healthcare or police defendants in the context of claims for provision of negligent mental health assessment/treatment.’

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12KBW Personal Injury Law Blog, 28th May 2024

Source: pilawblog.com

Woman left with stoma after traumatic birth – BBC News

‘A woman has been awarded more than £500,000 in compensation after childbirth left her with a permanent stoma and post-traumatic stress disorder (PTSD).’

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BBC News, 24th May 2024

Source: www.bbc.co.uk

Review of whiplash tariff concluded – but may not be published – Legal Futures

‘The Lord Chancellor has completed his review of the whiplash tariff but it is unclear whether the plan to publish it in early June will now happen because of the election.’

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Legal Futures, 24th May 2024

Source: www.legalfutures.co.uk

Analysis of the Infected Blood Inquiry’s Final Report – Inquests and Inquiries Law Blog

‘The final report of Sir Brian Langstaff, Chairman of the Infected Blood Inquiry, has been handed down today. Sir Brian is forthright in his criticism of the events that led initially to transmission of infection and the subsequent response of the NHS and government.’

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Inquests and Inquiries Law Blog, 20th May 2024

Source: inquestsandinquirieslawblog.com

Small Data: damage, distress and the development of a new type of claim – Law Pod UK

‘Jasper Gold of 1 Crown Office Row joins Lucy McCann to explore “small data” claims, where data and personal injury law intersect.’

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Law Pod UK, 15th May 2024

Source: audioboom.com

It’s official: fixed costs for clinical negligence set for October – Legal Futures

‘The government has finally confirmed that fixed recoverable costs (FRC) for low-value clinical negligence claims that settle pre-issue will come into force in October 2024, six months later than planned.’

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Legal Futures, 10th May 2024

Source: www.legalfutures.co.uk

The Supreme Court hands down definitive guidance on calculating damages in ‘mixed’ claims: Hassam & Anor v Rabot & Anor [2024] UKSC 11 – 7BR

‘On 31 May 2021, the Whiplash Injury Regulations 2021 (SI 2021/642) came into force, transforming the landscape for personal injury claimants with whiplash injuries in motor vehicle accidents. For claims accruing after that date, the regulations limited the recoverable damages for pain, suffering, and loss of amenity (‘PSLA’) to amounts set out in a tariff.’

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7BR, 5th April 2024

Source: www.7br.co.uk

Negligence in football: A claim of two halves – UK Human Rights Blog

Posted May 1st, 2024 in accidents, damages, negligence, news, personal injuries, podcasts, sport by sally

‘Football fans everywhere will be familiar with reckless tackles, whether from their own Sunday league experience or as followers of the professional game. But when will a tackle amount to negligence and be actionable in a civil court, such that an injured player can sue their opponent?’

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UK Human Rights Blog, 30th April 2024

Source: ukhumanrightsblog.com