European Court of Justice ruling could open floodgates for spurious vaccination claims – Daily Telegraph

‘The European Court of Justice has been accused of undermining Britain’s vaccination programme after ruling that patients can sue for illnesses they believe were caused by jabs, even when there is no scientific evidence.’

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Daily Telegraph, 22nd June 2017

Source: www.telegraph.co.uk

Council agrees £13m payout to family of boy injured at swimming pool – Local Government Lawyer

Posted June 22nd, 2017 in compensation, local government, negligence, news, personal injuries by tracey

‘Northampton Borough Council is to pay £13m to the family of a boy who was left with brain injuries after nearly drowning in a council swimming pool in 2002.’

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Local Government Lawyer, 21st June 2017

Source: localgovernmentlawyer.co.uk

Queen’s speech confirms whiplash reform and court modernisation – Law Society’s Gazette

Posted June 22nd, 2017 in bills, courts, electronic filing, news, parliament, personal injuries by tracey

‘Fresh reforms to personal injury claims are back on the agenda following today’s Queen’s speech. The government’s slimmed-down wishlist of legislation includes a Civil Liability Bill to address the ‘compensation culture’ around motor insurance claims.’

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Law Society's Gazette, 21st June 2017

Source: www.lawgazette.co.uk

Failure to pay correct court fee not an abuse of process – Litigation Futures

‘The Court of Appeal has refused to consider a circuit judge ruling which held that failure by a solicitor to correctly value a personal injury claim and pay the right court fee did not amount to an abuse of process.’

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Litigation Futures, 20th June 2017

Source: www.litigationfutures.com

UK holiday fraudsters could face jail – BBC News

Posted June 21st, 2017 in compensation, fraud, holidays, imprisonment, insurance, news, personal injuries by sally

‘UK holidaymakers who make bogus food poisoning claims could go to prison, warns travel trade organisation Abta.’

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BBC News, 21st June 2017

Source: www.bbc.co.uk

Rule committee should look at gap in QOCS exception, says High Court judge – Litigation Futures

Posted June 20th, 2017 in civil procedure rules, costs, news, personal injuries by sally

‘The Civil Procedure Rule Committee may need to address a hole in the exception from qualified one-way costs-shifting (QOCS) that meant defendants in a personal injury claim could not seek their costs because service of the claim had been set aside, rather than struck out, a High Court judge has ruled.’

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Litigation Futures, 19th June 2017

Source: www.litigationfutures.com

Whip-lash away? – Counsel

Posted June 9th, 2017 in barristers, bills, costs, damages, judges, news, personal injuries, road traffic by sally

‘As the general election pauses the planned whiplash reforms, Robert Weir QC examines the winners and losers, implications for personal injury litigation and disproportionate impact on the junior Bar.’

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Counsel, June 2017

Source: www.counselmagazine.co.uk

Law Society warns of lack of legal advice in redress scheme for birth injuries – Local Government Lawyer

Posted June 7th, 2017 in birth, government departments, health, Law Society, news, personal injuries by sally

‘The Law Society has told the Department of Health that its proposed rapid resolution and redress (RRR) scheme will fail to deliver its intended result of fewer severe avoidable birth injuries.’

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Local Government Lawyer, 7th June 2017

Source: www.localgovernmentlawyer.co.uk

Solicitor fined for making false claims in litigation “while suffering mental illness” – Litigation Futures

‘A solicitor has been fined £7,500 for making false claims about being in possession of documents in personal injury cases – misconduct which a psychiatrist attributed to an illness that temporarily affected her ability to work.’

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Litigation Futures, 7th June 2017

Source: www.litigationfutures.com

Regina v Sheffield Teaching Hospitals NHS Foundation Trust – WLR Daily

Posted June 1st, 2017 in birth, damages, law reports, pensions, personal injuries, valuation by sally

Regina v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB)

‘The claimant, a 24-year-old man, suffered from physical impairments caused by injuries suffered during his birth at the defendant’s hospital. He was expected to live to about 70 years old, which represented a reduction, as a result of his injuries, from the normal life expectancy for a male of his age. His mother, acting as his litigation friend, brought a claim for damages on his behalf against the defendant. The defendant admitted negligence in relation to the claimant’s birth. On the assessment of damages, issues arose including: (i) whether the claimant was entitled to recover a sum in respect of the pension that, but for his injuries, he would have received during the “lost years” of his life beyond his actual life expectancy; and (ii) how any award for special accommodation needs was to be assessed.’

WLR Daily, 25th May 2017

Source: www.iclr.co.uk

Council ordered to pay £45k in fines and costs after apprentice injured – Local Government Lawyer

‘A city council has been ordered to pay £45,000 in fines and costs after an apprentice suffered serious hand injuries.’

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Local Government Lawyer, 30th May 2017

Source: www.localgovernmentlawyer.co.uk

Assessment of uninjured earning capacity in relation to a police injury pension – UK Police Law Blog

Posted June 1st, 2017 in disabled persons, news, pensions, personal injuries, police, remuneration by sally

‘The recent decision of the High Court upon an application for judicial review of a Police Medical Appeals Board (‘PMAB’) decision in the case of R (Fisher) v (1) Chief Constable of Northumbria (2) PMAB [2017] EWHC 455 (Admin) highlights the pitfalls in the assessment of a former officer’s uninjured earning capacity when reviewing the level of an injury pension under regulation 37 of the Police (Injury Benefit) Regulations 2006.’

Full Story

UK Police Law Blog, 31st May 2017

Source: ukpolicelawblog.com

Claimant lawyers cast significant doubt over government’s plan to reform injured baby cases – Litigation Futures

Posted May 30th, 2017 in birth, children, compensation, news, personal injuries by sally

‘Claimant lawyers have strongly criticised government plans for a new administrative compensation scheme for birth injury claims, with the Association of Personal Injury Lawyers saying that families would “be held hostage” under it.’

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Litigation Futures, 30th May 2017

Source: www.litigationfutures.com

Roberts -v-Johnstone after the change in discount rate: a high court decision – Zenith PI Blog

Posted May 26th, 2017 in birth, damages, hospitals, negligence, news, personal injuries by tracey

‘The recent change in the discount rate was covered on this blog. One issue that arose was how the courts were going to treat the Roberts -v- Johnstone approach to accommodation claims. It was not practical to use a multiplier that was a minus figure. In JR -v- Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) Mr Justice Davis decided that the multiplier in these circumstances should be zero.’

Full story

Zenith PI Blog, 25th May 2017

Source: www.zenithpi.wordpress.com

Man awarded £8m Sheffield hospital negligence payout – BBC News

Posted May 26th, 2017 in birth, damages, hospitals, negligence, news, personal injuries by tracey

‘A man who was left disabled as a result of negligence during his birth will receive almost £8m in NHS compensation.’

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BBC News, 25th May 2017

Source: www.bbc.co.uk

Exclusive: Jackson “moving away” from £250,000 upper limit for fixed-cost cases – Litigation Futures

Posted May 23rd, 2017 in costs, negligence, news, personal injuries, reports by tracey

‘A widespread consensus has emerged that Lord Justice Jackson is backing away from extending fixed recoverable costs to cases worth up to £250,000, Litigation Futures can report – although what level he is now looking at is unknown.’

Full story

Litigation Futures, 23rd may 2017

Source: www.litigationfutures.com

35th Blackstone Lecture by Lady Justice Hallett: Trial by Jury – Past and Present – Courts and Tribunals Judiciary

‘It is a pleasure to have been asked to give this year’s Blackstone lecture. Lord Devlin at the outset of his Hamlyn Lectures in 1956 observed: that trial by jury was a subject on which it was not possible to ‘say anything very novel or very profound’. If not a subject suitable for original comment, why did I choose it?’

Full speech

Courts and Tribunals Judiciary, 22nd May 2017

Source: www.judiciary.gov.uk

Baby deaths linked to lack of basic midwife training – Daily Telegraph

Posted May 22nd, 2017 in birth, children, education, midwives, negligence, news, personal injuries by tracey

‘Babies are dying and being put at risk of major brain injury because it is “commonplace” for British midwives to qualify without training in use of basic equipment, a senior coroner has warned.’

Full story

Daily Telegraph, 20th May 2017

Source: www.telegraph.co.uk

Unreasonable Behaviour – Costs on the Small Claims Track – Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269 – Zenith PI Blog

Posted May 18th, 2017 in appeals, costs, news, personal injuries, small claims by tracey

‘In 2002, Mr. Dammermann entered into a mortgage with a bank. He defaulted on that mortgage and LPA receivers were appointed. The receivers appointed Lanyon Bowdler to conduct the sale of the property. On sale of the property Lanyon rendered a bill to the receivers that was paid and became part of the secured liability. Mr. Dammermann issued proceedings contesting the legal fees charged.’

Full story

Zenith PI Blog, 17th May 2017

Source: www.zenithpi.wordpress.com

Stage 1 Costs Do Not Need To Be Repaid – JC and A Solicitors v Iqbal (1) EUI (2) [2017] EWCA Civ 355 – Zenith PI Blog

Posted May 18th, 2017 in appeals, costs, insurance, news, personal injuries, repayment by tracey

‘This case concerned the issue of whether or not claimants (or their solicitors) should be obliged to repay Stage 1 costs of £400 + VAT (under the “old” Portal rules) in claims which did not then proceed to Stage 2.’

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Zenith PI Blog, 16th May 2017

Source: www.zenithpi.wordpress.com