Shaken Baby Syndrome – legal developments – Six Pump Court

Posted August 17th, 2018 in children, families, forensic science, murder, news, personal injuries by sally

‘This note is intended to set out how medical opinion in relation to and the Court’s approach to “shaken baby syndrome” have developed.’

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Six Pump Court, 22nd March 2018

Source: www.6pumpcourt.co.uk

Councils pay out more than £2m in compensation for pavement trips – Local Government Lawyer

Posted August 16th, 2018 in compensation, local government, news, personal injuries by sally

‘Councils last year paid £2.1m in compensation to pedestrians who tripped on pavements, according to freedom of information requests from motoring organisation the AA.’

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Local Government Lawyer, 15th August 2018

Source: www.localgovernmentlawyer.co.uk

High Court gives whiplash contempt proceedings green light – Litigation Futures

Posted August 14th, 2018 in contempt of court, fraud, insurance, news, personal injuries by sally

‘A High Court judge has allowed a bus company’s application for committal proceedings to go ahead against two dishonest former claimants who said they had serious whiplash injuries from a minor traffic collision, when CCTV showed otherwise.’

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Litigation Futures, 13th August 2018

Source: www.litigationfutures.com

High Court dismisses first test case in second wave of Mau Mau claims – Litigation Futures

Posted August 13th, 2018 in colonies, delay, limitations, news, personal injuries, torture by sally

‘The High Court has dismissed the first test case brought as part of a second wave of Mau Mau group litigation, following the British government’s settlement of over 5,000 claims for £19.9m in 2013.’

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Litigation Futures, 10th August 2018

Source: www.litigationfutures.com

SRA outlines new concerns around holiday sickness claims – Legal Futures

‘More types of poor conduct by claimant solicitors in the holiday sickness market have been uncovered, their regulator has warned.’

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Legal Futures, 10th August 2018

Source: www.legalfutures.co.uk

Trafficking victim awarded High Court damages in minimum wage and harassment claims – Cloisters

‘Anna Beale represented the claimant, Ms Ajayi, a migrant domestic worker, in this unusual High Court claim brought against her former employers, Mr and Mrs Abu, for payment of the minimum wage, harassment, breach of contract and personal injury. In August 2017, the court found that the “family worker” exemption to the requirement to pay the minimum wage did not apply in this case. The quantification of that claim, together with Ms Ajayi’s other claims, was dealt with in a further hearing, the final judgment from which has recently been released.’

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Cloisters, 11th July 2018

Source: www.cloisters.com

The Mau Mau litigation: fear is not a personal injury – UK Human Rights Blog

Posted August 8th, 2018 in colonies, Kenya, limitations, news, personal injuries, torture by tracey

‘Kimathi & Ors v Foreign and Commonwealth Office [2018] EWHC 1305 (QB). Stewart J has recently dismissed the first test case in this group litigation, in which over 40,000 Kenyans bring claims for damages against the UK Foreign & Commonwealth Office, alleging abuse during the Kenyan Emergency of the 1950s and early 1960s, in Kimathi & Others v The Foreign and Commonwealth Office [2018] EWHC 2066 (QB). Jo Moore discusses this in her blog post of 6 August 2018.

Earlier this year however he considered, as a preliminary matter, whether fear, caused either by the tort of negligence or trespass, amounts to personal injury so that the Court has the discretionary power to exclude the 3-year limitation period which arises under section 11 of the 1980 Act. Stewart J concluded that “despite the comprehensive and innovative submissions of the Claimants” (para 37), which included arguments on human rights grounds, fear did not amount to a personal injury.’

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UK Human Rights Blog, 7th August 2018

Source: ukhumanrightsblog.com

Appeal judges refuse compensation for schizophrenic who killed mother – Litigation Futures

‘The Court of Appeal has unanimously rejected a compensation claim brought by a schizophrenic woman who stabbed her mother to death.’

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Litigation Futures, 7th August 2018

Source: www.litigationfutures.com

Serious injury solicitors question judgement of barristers, case managers and even families – Litigation Futures

Posted August 7th, 2018 in barristers, case management, news, personal injuries, solicitors by sally

‘Solicitors in serious brain injury cases often have cause to sack barristers and question whether the family is acting in the best interests of their injured relative, according to a survey.’

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Litigation Futures, 7th August 2018

Source: www.litigationfutures.com

Cardiotocography: An Introduction – No. 5 Chambers

Posted August 7th, 2018 in birth, evidence, negligence, news, personal injuries by sally

‘Cardiotocography traces form a central piece of documentary evidence in litigation related to adverse perinatal outcomes, which are alleged to have arisen due to events that took place during the labour and/or delivery of the baby. Cardiotocography is therefore an important element to get to grips with for any practitioner when working on birth injury cases. Errors in electronic‏ fetal heart rate monitoring or cardiotocography are a‏ common theme in such cases with injuries to the baby‏ including cerebral palsy, stillbirth and scarring and injuries‏ to the mother including damage to the mother’s perineum‏ or vagina resulting in disability which limits sexual‏ intercourse, lack of control of bladder/bowel function‏ and of course psychological or psychiatric sequelae.‏ A recent review by NHS Resolution in September 2017‏ found that 32 out of the 50 cerebral palsy cases looked‏ at, involved errors of cardiotocography interpretation.‏ This article is a beginner’s guide to cardiotocography for‏ application in medical negligence cases.’‏ ‏

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No. 5 Chambers, 31st July 2018

Source: www.no5.com

Caroline Wood discusses costs, Qowcs and multiple defendants – Park Square Barristers

Posted August 6th, 2018 in civil procedure rules, costs, enforcement, news, personal injuries by sally

‘This was a noise induced hearing loss claim where the claimant had issued against 6 Defendants. On 12 December 2016, the claimant compromised its claim against D4 – D6. That compromise was in the form of a Tomlin order. It ordered that all further proceedings in respect of the claims against D4- D6 were stayed, except for the purposes of carrying out the agreed terms of settlement, which were set out in a separate schedule.’

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Park Square Barristers, 24th July 2018

Source: www.parksquarebarristers.co.uk

£100,000 fine for company that made nuisance PI calls – Legal Futures

Posted August 3rd, 2018 in fines, news, nuisance, personal injuries, telecommunications by tracey

‘A marketing company that made nuisance personal injury calls to people registered with the Telephone Preference Service (TPS) has been fined £100,000.’

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Legal Futures, 3rd August 2018

Source: www.legalfutures.co.uk

Circuit judge was wrong to apply QOCS to ‘mixed’ claim automatically, High Court rules – Litigation Futures

‘A circuit judge was wrong to order that qualified one-way costs shifting (QOCS) automatically applied to a claim about misuse of data because it also included a personal injury (PI) element, the High Court has ruled.’

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Litigation Futures, 1st August 2018

Source: www.litigationfutures.com

Court of Appeal to rule on 100% success fee model for low-value PI claims – Litigation Futures

Posted July 27th, 2018 in fees, news, personal injuries, small claims by sally

‘The Court of Appeal is to rule on the legality of what has become the industry model for handling low-value personal injury claims, with firms charging clients a 100% success fee as standard.’

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Litigation Futures, 26th July 2018

Source: www.litigationfutures.com

CoA: Claimant limited to fixed costs even where Part 36 accepted late – Law Society’s Gazette

Posted July 24th, 2018 in appeals, costs, delay, news, part 36 offers, personal injuries by tracey

‘Fixed costs apply to low-value claims even when the defendant has waited more than 18 months to settle the claim, the Court of Appeal ruled today. In the long-awaited Hislop v Perde judgment, Lord Justice Coulson said the claimant could not argue that the delay – even with no apparent justification – triggered an ‘exceptional circumstances’ provision set out in Civil Procedure Rules.’

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Law Society's Gazette, 23rd July 2018

Source: www.lawgazette.co.uk

High Court dismisses fundamentally dishonest £850,000 personal injury claim – Litigation Futures

Posted July 20th, 2018 in news, personal injuries, psychiatric damage, road traffic by tracey

‘The High Court has dismissed in its entirety a £850,000 personal injury claim on the grounds of fundamental dishonesty.’

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Litigation Futures, 19th July 2018

Source: www.litigationfutures.com

12-year-old girl who became child model despite cerebral palsy awarded £15m by NHS in compensation – Daily Telegraph

Posted July 18th, 2018 in birth, compensation, hospitals, news, personal injuries by tracey

‘A 12-year-old girl who has forged a child modelling career despite suffering severe cerebral palsy since her birth has won over £15 million in NHS compensation.’

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Daily Telegraph, 17th July 2018

Source: www.telegraph.co.uk

Whiplash reforms delayed a year to April 2020 – Legal Futures

Posted July 17th, 2018 in delay, news, personal injuries, small claims by tracey

‘Implementation of the government’s whiplash reforms is to be delayed by a year to April 2020, the Ministry of Justice (MoJ) has announced.’

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Legal Futures, 17th July 2018

Source: www.legalfutures.co.uk

Insurer demands ‘more backing’ to battle dishonest claims – Law Society’s Gazette

Posted July 9th, 2018 in insurance, news, personal injuries by sally

‘A leading insurer has called for extra support from the judicial process if defendants are effectively to contest spurious personal injury claims.’

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Law Society's Gazette, 7th July 2018

Source: www.lawgazette.co.uk

Church of England ombudsman to oversee sexual abuse cases – The Guardian

Posted July 9th, 2018 in child abuse, Church of England, clergy, news, ombudsmen, personal injuries by sally

‘The Church of England is to establish an independent ombudsman to deal with complaints over its handling of sexual abuse cases, and will seek other ways of strengthening independent scrutiny of its processes.’

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The Guardian, 7th July 2018

Source: www.theguardian.com