Ep. 56: Psychiatric harm and childbirth – Law Pod UK

Posted December 6th, 2018 in birth, hospitals, negligence, news, personal injuries, psychiatric damage by sally

‘Emma-Louise Fenelon talks with 1 Crown Office Row’s Suzanne Lambert about a recent High Court decision – YAH v Medway NHS Foundation Trust which addressed the issue of claims brought as a result of psychiatric harm arising out of childbirth.’

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Law Pod UK, 3rd December 2018

Source: audioboom.com

Fundamental dishonesty – you have been warned (hopefully) – Zenith PI

Posted December 4th, 2018 in contempt of court, costs, fraud, news, personal injuries, road traffic by tracey

‘I recently represented a claimant at trial in relation to a personal injury claim arising out of a road traffic accident. The defendant indicated an intention to pursue a finding of fundamental dishonesty. There were certain aspects of the evidence that might have led to such a finding, but such an outcome was far from certain.’

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Zenith PI, 30th November 2018

Source: zenithpi.wordpress.com

No implied sanction for failure to serve medical report – Litigation Futures

Posted November 29th, 2018 in appeals, civil procedure rules, news, personal injuries, sanctions, service by tracey

‘There is no implied sanction for failing to serve a medical report, the High Court has ruled, reinstating a complex personal injury claim which had been struck out.’

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Litigation Futures, 29th November 2018

Source: www.litigationfutures.com

Dangerous driving, joint criminal enterprise and ex turpi causa defence: is mens rea made out? – Zenith PI

‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causadefence.’

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Zenith PI, 26th November 2018

Source: zenithpi.wordpress.com

Speech by Lord Justice Irwin : Personal Injury Bar Association Annual Lecture – Courts and Tribunals Judiciary

Posted November 21st, 2018 in compensation, damages, personal injuries, speeches by tracey

‘Speech by Lord Justice Irwin : Personal Injury Bar Association Annual Lecture.’

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Courts and Tribunals Judiciary, 16th November 2018

Source: www.judiciary.uk

Peers question government’s approach to Civil Liability Bill – Legal Futures

Posted November 20th, 2018 in bills, constitutional law, news, personal injuries, regulations, select committees by sally

‘The government should only reject peers’ advice about the use of secondary legislation to enact key parts of legislation like the Civil Liability Bill if there are “clear and compelling reasons”, the House of Lords constitution committee said today.’

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Legal Futures, 20th November 2018

Source: www.legalfutures.co.uk

Engineer suing BA for £10k after ‘obese passenger left him pinned to side of cabin’ on 12-hour flight – Daily Telegraph

Posted November 16th, 2018 in airlines, news, obesity, personal injuries by tracey

‘A civil engineer is suing British Airways for damages of up to £10,000 after he sat next to a passenger so “obese” it left him “pinned to the side of the cabin”.’

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Daily Telegraph, 15th November 2018

Source: www.telegraph.co.uk

Woman’s faulty bed sex fall claim rejected at High Court – BBC News

Posted November 12th, 2018 in accidents, news, personal injuries by tracey

‘A woman left paralysed after being “catapulted” from her new bed during sex has lost a seven-figure damages claim.’

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BBC News, 9th November 2018

Source: www.bbc.co.uk

Naomi McLoughlin Discusses the Recent Case of Surrey County Council v Hilliard (2018) – Park Square Barristers

‘The legal test in considering a breach of s41 remains to be found in James v Preseli Pembrokeshire DC [1993] PIQR P114 and Jones v Rhondda Cynon Taff CBC [2008] EWCA Civ 1497. Whilst the appellant was successful on the basis two pieces of evidence had not been considered with the correct weight, the lower Court had nonetheless applied the correct legal test.’

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Park Square Barristers, 30th October 2018

Source: www.parksquarebarristers.co.uk

LiP sanctioned for revealing ‘without prejudice’ offer in court – Litigation Futures

‘A litigant in person (LiP) who disclosed a ‘without prejudice’ offer during trial had been warned not to and the judge was right to sanction him, the Court of Appeal has ruled.’

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Litigation Futures, 5th November 2018

Source: www.litigationfutures.com

NHS forced to pay compensation to 1,200 staff worried they have been infected after needle prick – Daily Telegraph

‘More than 1,200 NHS staff have won compensation after being injured by needles potentially infected with HIV or hepatitis over the past six years.’

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Daily Telegraph, 3rd November 2018

Source: www.telegraph.co.uk

Darnley v Croydon Health Services NHS Trust: Supreme Court confirms duty of care exists on non-medical A&E staff – Cloisters

‘In a unanimous judgment delivered on 10th October 2018, the Supreme Court reminded practitioners that there is no need to consider the Caparo v Dickman test in every case where the existence of a duty of care is in issue, and that judges must be careful not to conflate issues relevant to the existence of a duty with those relevant to whether or not the duty has been breached.’

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Cloisters, 18th October 2018

Source: www.cloisters.com

Four Fundamentals of Limitation Periods in Contract and Tort Claims – 4 New Square

Posted November 2nd, 2018 in contracts, limitations, news, personal injuries by sally

‘Four key points for the limitation period for contract and tort claims. Limitation is fiendishly complex – these are some fundamentals for an ‘all-or-nothing’ defence affecting every claim.’

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4 New Square, 25th October 2018

Source: www.4newsquare.com

Road rage driver Darren Hefferman jailed for cyclist punch – BBC News

‘A road rage motorist who punched a cyclist into oncoming traffic has been jailed for two years.’

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BBC News, 26th October 2018

Source: www.bbc.co.uk

Lawyer calls for independent panel to analyse injury trends in English rugby – The Guardian

Posted October 29th, 2018 in negligence, news, personal injuries, sport by sally

‘English rugby should set up an independent medical panel to analyse injury trends in the professional game and suggest ways of minimising risk to players to help insulate clubs, and the Rugby Football Union, from legal action in the future, according to a leading negligence lawyer.’

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The Guardian, 28th October 2018

Source: www.theguardian.com

CA refuses to widen solicitor’s retainer for negligence claim – Legal Futures

Posted October 26th, 2018 in appeals, negligence, news, personal injuries, solicitors by tracey

‘Solicitors do not have to carry out investigative tasks in areas they not been asked to deal with, however beneficial to the client it might have turned out to be, the Court of Appeal has ruled. In doing so, it rejected an appeal by a former client of City firm Fox Williams against a decision that cleared the solicitors of negligence.’

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Legal Futures, 26th October 2018

Source: www.legalfutures.co.uk

Holidaymaker on £7k yoga trip to Caribbean sues British Airways over faulty iron which gave him electric shock – Daily Telegraph

Posted October 25th, 2018 in airlines, health & safety, news, personal injuries by tracey

‘A British holidaymaker on a £7,000 yoga trip to the Caribbean is suing British Airways Holidays for six-figure damages after he claims he was electrocuted by a faulty iron at the luxury resort.’

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Daily Telegraph, 24th October 2018

Source: www.telegraph.co.uk

Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214: Vicarious liability for assault considered in the Court of Appeal – Zenith PI

Posted October 24th, 2018 in appeals, assault, employment, news, personal injuries, vicarious liability by tracey

‘This case was heard recently in the Court Of Appeal before Lord Justice Erwin, Lord Justice Moylan and Lady Justice Asplin. Lady Justice Asplin gave the leading judgment
with which the Lord Justices agreed. However, Lord Justice Erwin was keen to emphasise at paragraph 37, “how unusual are these facts and how limited will be the parallels to this case”.’

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Zenith PI, 23rd October 2018

Source: zenithpi.wordpress.com

Stayin’ Alive – Claim Form Success For Claimant In The Court Of Appeal – Zenith PI

‘In Grant v Dawn Meats (UK) [2018] EWCA Civ 2212, the Court of Appeal held that an order staying the matter also stayed the Claimant’s obligation to serve the claim form.
That being the case, the Claimant was not out of time for serving the claim form when he did so within the four month period following the expiry of the stay.’

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Zenith PI, 22nd October 2018

Source: zenithpi.wordpress.com

London Zoo fined after keeper fell from faulty stepladder retrieved from skip – Daily Telegraph

Posted October 24th, 2018 in accidents, animals, charities, employment, fines, health & safety, news, personal injuries by tracey

‘London Zoo has been fined £40,000 after a keeper cleaning out a hawk aviary fell off a faulty step ladder that was wrongly retrieved from a skip.’

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Daily Telegraph, 22nd October 2018

Source: www.telegraph.co.uk