Latest lawsuit shows brain injuries are factor at all levels of rugby – The Guardian

Posted February 2nd, 2023 in class actions, negligence, news, personal injuries, sport by sally

‘It’s been a fortnight since the letters of claim went out in the latest round of legal action against World Rugby, the Rugby Football Union and the Welsh Rugby Union. Here in the Guardian we ran an interview with one of the claimants, 48-year-old Alex Abbey, who was diagnosed with probable CTE in 2015, 12 years on from the end of a club rugby career in which he suffered multiple concussions. Abbey is one of 55 former amateur players involved in the case. It is a much smaller group than the 225 former professionals involved in the first lawsuit we reported on in 2020, but, for the authorities, it could be even more damaging.’

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The Guardian, 2nd February 2023

Source: www.theguardian.com

PI firm ‘first’ to offer pupillage for barristers – Law Society’s Gazette

Posted January 31st, 2023 in barristers, law firms, news, personal injuries, pupillage by tracey

‘A personal injury firm claims to have become the first of its kind to offer pupillage to aspiring barristers. North west firm Express Solicitors will hear applications for four pupillage positions in each of the next two years, and plans to increase this number in the future as caseloads increase.’

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Law Society's Gazette, 30th January 2023

Source: www.lawgazette.co.uk

Girl who had limbs amputated after hospital mistake wins seven-figure payout – The Independent

Posted January 23rd, 2023 in children, compensation, families, health, hospitals, negligence, news, personal injuries by tracey

‘A girl who had all four of her limbs amputated after she was wrongfully discharged from hospital has won a multimillion-pound payout.’

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The Independent, 22nd January 2023

Source: www.independent.co.uk

Former Royal Marine seeks £1.5m in damages over hearing loss – BBC News

‘A former Royal Marine is seeking more than £1m in damages from the government over “noise-induced hearing loss”.’

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BBC News, 19th January 2023

Source: www.bbc.co.uk

Costs protection still in place for last-minute discontinuance, rules CoA – Law Society’s Gazette

Posted January 19th, 2023 in civil procedure rules, costs, news, personal injuries, striking out by tracey

‘A claimant who discontinued his personal injury case on the morning of trial should still be entitled to costs protection, the Court of Appeal has ruled.’

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Law Society’s Gazette, 18th January 2023

Source: www.lawgazette.co.uk

Court rejects costs budgeting plea on child’s clin neg claim – Law Society’s Gazette

Posted January 16th, 2023 in birth, costs, damages, hospitals, negligence, news, personal injuries by tracey

‘The High Court has rejected a defendant’s plea for a costs management order regarding a child’s clinical negligence case which could still have years to run. Master Cook stated that the policy of children’s cases being exempt from costs management should be adhered to, even if the defendant was unhappy with the costs incurred so far.’

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Law Society's Gazette, 13th January 2023

Source: www.lawgazette.co.uk

British Airways fined for Rhoose engineer’s brain injury – BBC News

‘The company that maintains British Airways’ planes has been fined £230,000 after an employee suffered a brain injury near Cardiff Airport.’

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BBC News, 12th January 2023

Source: www.bbc.co.uk

The use and abuse of the Rehabilitation Code in liability disputed cases – Exchange Chambers

‘The benefits of rehabilitation are well known. Numerous academic studies have demonstrated its importance and the net economic benefit (to both society and insurers) from its early introduction and funding. Despite that, many insurers continue to take a hostile and unsupportive attitude driven, perhaps, by a suspicion that a claimant will seek to introduce care, therapies, equipment or accommodation that might somehow increase the value of any eventual claim. I don’t believe that to be the case. In fact, my own experience is strongly that those insurers and defendant solicitors who actively support and fund early rehabilitation (and it is right to highlight that many do), even when liability is disputed, invariably end up achieving an earlier settlement with a costs saving and, on occasions, a saving in damages arising from the better recovery enjoyed by the claimant.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Participation of vulnerable parties in civil litigation: split trials and stays (AXX v. Zajac) – Exchange Chambers

‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Healthcare Enabled Fraud – 3PB

‘Keoghs recently wrote about their triple success in defeating claims for psychological injury arising out of road traffic accidents. The common denominator of the three claims was that each of the Claimants sought to rely upon the medical evidence of a specific Consultant Psychologist. Sharan Sanghera acted for the Defendant in one of those Claims, her comment on the case appears below.’

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3PB, 13th December 2022

Source: www.3pb.co.uk

Patient fault and contributory negligence in clinical negligence – Exchange Chambers

‘Professional experience and the reported cases (considered below) suggest issues of breach, causation and contributory negligence are invariably intertwined. The advisor’s role is to carefully unpick the strands. Whilst there is a factual and legal overlap, the issues need to be considered separately on their individual merits.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Two cases about QOCS where the claimant accepted a Part 36 offer late – Hailsham Chambers

‘Two recent decisions on the application of qualified one-way-costs-shifting (“QOCS”), of the High Court in Chappell v Mrozek [2022] EWHC 3147 (KB), and of the Court of Appeal in Harrison v University Hospitals of Derby & Burton NHS Foundation Trust [2022] EWCA Civ 1660, reinforce the difficulty that personal injury and clinical negligence defendants will face in obtaining enforceable costs orders other than where the claimant obtains an order for damages at trial1. Defendants will generally be unable to enforce costs orders where the claim is settled via Part 36, even if an order of the court is required to enforce the settlement, to permit the claimant to accept the offer, or to direct that the amount payable to the claimant is reduced by the amount of any deductible benefits.’

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Hailsham Chambers, 3rd January 2023

Source: www.hailshamchambers.com

Court allows costs challenge by client ‘not informed’ about options – Law Society’s Gazette

Posted December 19th, 2022 in costs, damages, news, personal injuries, solicitors, time limits by tracey

‘The High Court has ruled that a costs bill can be challenged after the one-year time limit for requesting detailed assessment. In Menzies v Oakwood Solicitors, Mr Justice Bourne said Leeds firm Oakwood Solicitors had not made clear to a former client the procedure for objecting to the deduction of costs from his damages. Payment was therefore not effected by a settlement of account and a challenge could still be made.’

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Law Society's Gazette, 16th December 2022

Source: www.lawgazette.co.uk

High court rejects costs setoff in QOCS claim – Law Society’s Gazette

Posted December 16th, 2022 in accidents, compensation, costs, damages, news, part 36 offers, personal injuries by tracey

‘The High Court rejected a defendant’s bid to escape the full rigour of the qualified one-way costs shifting (QOCS) regime in a ruling handed down this week.’

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Law Society's Gazette, 15th December 2022

Source: www.lawgazette.co.uk

Don’t double compensate for the same claim, defendants tell CoA – Law Society’s Gazette

Posted December 2nd, 2022 in appeals, compensation, damages, news, personal injuries by tracey

‘Defendant lawyers have urged the Court of Appeal not to risk double compensation for injuries caused by the same accident.’

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Law Society’s Gazette, 1st December 2022

Source: www.lawgazette.co.uk

MoJ: Number of unrepresented claimants is not measure of OIC success – Legal Futures

‘The fact that fewer than 10% of claimants use the Official Injury Claim (OIC) portal without legal representation does not mean the system has failed to deliver, the government said yesterday.’

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Legal Futures, 30th November 2022

Source: www.legalfutures.co.uk

Court curtails Checkmylegalfees’ ‘fishing expedition’ for ATE details – Law Society’s Gazette

Posted November 14th, 2022 in costs, disclosure, insurance, law firms, news, personal injuries by tracey

‘The costs recovery outfit chasing personal injury firms on behalf of former clients has suffered another body blow through a new losing court judgment.’

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Law Society's Gazette, 11th November 2022

Source: www.lawgazette.co.uk

Losing litigant in mixed claim avoids immediate costs order – Law Society’s Gazette

Posted October 31st, 2022 in civil procedure rules, costs, damages, news, personal injuries by tracey

‘A litigant with a mixed claim will not have to pay costs immediately for one part of their claim which has been thrown out already. In Achille v Lawn Tennis Association Services Ltd the Court of Appeal agreed that it was premature for the costs order to be enforced now against claimant Richard Achille. Instead the court should wait until the conclusion of proceedings to decide what costs should follow.’

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Law Society’s Gazette, 28th October 2022

Source: www.lawgazette.co.uk

Speech by Lord Justice Bean – Personal Injuries Bar Association Speeches – Courts and Tribunals Judiciary

Posted October 28th, 2022 in judges, legal history, personal injuries, speeches by tracey

‘Personal Injuries Bar Association – Richard Davies Lecture 2022.’

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Courts and Tribunals Judiciary, 26th October 2022

Source: www.judiciary.uk

Belsner: Lawyers win in crucial costs recovery ruling – Law Society’s Gazette

Posted October 28th, 2022 in appeals, codes of practice, costs, damages, law firms, news, personal injuries, solicitors by tracey

‘Lawyers have won their appeal in a court ruling that will come as a massive relief across the personal injury market. Judges in the Court of Appeal ruled in Belsner v CAM Legal Services this morning that the firm’s personal injury client had made fair and reasonable deductions from her damages. The deductions were therefore lawful and did not need to be paid back.’

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Law Society’s Gazette, 27th October 2022

Source: www.lawgazette.co.uk