Category: personal injuries

New Judgment: FS Cairo (Nile Plaza) LLC (Appellant) v Brownlie (Respondent) [2021] UKSC 45 – UKSC Blog

Posted October 22nd, 2021 in accidents, appeals, damages, foreign jurisdictions, news, personal injuries, service out of jurisdiction, Supreme Court by sally

‘In January 2010 the respondent and their husband were on holiday in Egypt. They stayed at the Four Seasons Hotel Cairo at Nile Plaza. On 3 January 2010, they went on a guided driving tour booked through the hotel. The vehicle they were travelling in during the tour crashed, killing the respondent’s husband and seriously injuring the respondent.’

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UKSC Blog, 20th October 2021

Source: ukscblog.com

Breach of Duty and Hospital Guidelines: Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB) – Ropewalk Clinical Negligence Blog

Posted October 13th, 2021 in causation, chambers articles, health, hospitals, medical treatment, negligence, news, personal injuries by tracey

‘This case considered the interplay between hospital guidelines and breach of duty in the clinical negligence setting.’

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Ropewalk Clinical Negligence Blog, 12th October 2021

Source: www.ropewalk.co.uk

Claimant loses in Court of Appeal despite defendant offering no evidence – Law Society’s Gazette

Posted October 8th, 2021 in appeals, compensation, cross-examination, damages, evidence, expert witnesses, holidays, news, personal injuries by tracey

‘The Court of Appeal has found – albeit by a majority verdict – in favour of a defendant who offered no evidence to support their case and did not cross-examine the claimant’s instructed expert. The ruling on uncontroverted evidence in Griffiths v Tui will be a blow for personal injury firms with hundreds of holiday sickness claims waiting on the result.’

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Law Society's Gazette, 7th October 2021

Source: www.lawgazette.co.uk

Supreme Court backs claimants in QOCS set-off ruling – Legal Futures

Posted October 7th, 2021 in accidents, civil procedure rules, costs, news, personal injuries, road traffic, set-off, Supreme Court by sally

‘The Supreme Court has held that defendants cannot set off opposing costs orders in cases covered by qualified one-way costs shifting (QOCS), in what has been hailed as a significant win for claimants.’

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Legal Futures, 6th October 2021

Source: www.legalfutures.co.uk

BBC presenter hurt while playing role of ‘crash test dummy’ awarded £1.6m damages – The Independent

Posted October 4th, 2021 in accidents, BBC, damages, health & safety, industrial injuries, news, personal injuries, psychiatric damage by tracey

‘A television presenter has been awarded £1.6m in damages after he suffered brain and spine injuries while acting as a “crash test dummy” in a science programme. Jeremy Stansfield won a High Court battle with the BBC on Friday, with Dame Justice Amanda Yip ruling that the injuries he received in 2013 had derailed his “successful career in television” and restricted his enjoyment of life.’

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The Independent, 2nd October 2021

Source: www.independent.co.uk

Illegality in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

Posted September 23rd, 2021 in illegality, mental health, negligence, news, personal injuries by tracey

‘A man with longstanding mental health issues walks into a pub with a can of petrol and a knife. He proceeds to pour the petrol on himself and says he is going to burn the pub down. The police are called, he is arrested and whilst in police custody, he undergoes a Mental Health Act assessment. It is alleged that the assessors negligently fail to recommend transfer to a secure psychiatric unit. The man alleges that he suffered an exacerbation of his mental health as a result of being transferred to a medium secure prison where he witnessed various unpleasant acts that he would not have witnessed in a secure psychiatric unit.’

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Ropewalk Clinical Negligence Blog, 22nd September 2021

Source: www.ropewalk.co.uk

Claimant who exaggerated impact of injury not fundamentally dishonest – Legal Futures

Posted September 20th, 2021 in accidents, compensation, damages, deceit, news, personal injuries by tracey

‘A judge was right to find that a claimant who exaggerated the impact of a serious injury was not fundamentally dishonest, the High Court has ruled.’

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Legal Futures, 20th September 2021

Source: www.legalfutures.co.uk

Court rejects Slater and Gordon bid to end costs recovery cases – Law Society’s Gazette

Posted September 17th, 2021 in costs, damages, law firms, news, personal injuries, stay of proceedings by tracey

‘Lawyers chasing personal injury firms over the deductions from former clients’ damages have been handed a huge twin boost by the court.’

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Law Society's Gazette, 17th September 2021

Source: www.lawgazette.co.uk

Ministry of Justice to press ahead with fixed costs expansion – Legal Futures

Posted September 7th, 2021 in Civil Justice Council, consultations, costs, judicial review, Ministry of Justice, news, noise, personal injuries by sally

‘The Ministry of Justice (MoJ) yesterday confirmed that it will implement Sir Rupert Jackson’s blueprint for fixed recoverable costs (FRC) across the fast-track and in most money cases worth up to £100,000.’

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Legal Futures, 7th September 2021

Source: www.legalfutures.co.uk

PI claim to proceed despite tribunal settlement – Law Society’s Gazette

Posted September 3rd, 2021 in abuse of process, damages, employment, employment tribunals, news, personal injuries, striking out by tracey

‘The High Court has allowed a PI claim to be pursued by an employee against his former bosses – even though the parties settled an employment tribunal claim over the same matter years previously.’

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Law Society's Gazette, 2nd September 2021

Source: www.lawgazette.co.uk

Claimant ‘unreasonable’ for not using portal on overvalued case – Law Society’s Gazette

Posted August 24th, 2021 in costs, electronic filing, news, personal injuries, valuation by sally

‘A costs judge has ruled that a claimant acted unreasonably in not using the portal for a claim that proved to be vastly overvalued.’

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Law Society's Gazette, 23rd August 2021

Source: www.lawgazette.co.uk

Eight things you need to know: Personal Injury damages in divorce cases – Family Law

Posted August 13th, 2021 in damages, divorce, families, family courts, financial dispute resolution, financial provision, news, personal injuries by tracey

‘The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years. However, the conundrum can be even more challenging when considering personal injury damages that one party may have received in order to meet their specific needs arising from an accident or injury.’

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Family Law, 12th August 2021

Source: www.familylaw.co.uk

Appeal judges reject “binary” approach to negligence claim – Legal Futures

Posted August 5th, 2021 in damages, limitations, negligence, news, personal injuries, striking out by sally

‘The Court of Appeal has rejected as “too binary” the approach taken by a High Court judge when striking out a negligence claim against lawyers over their former client’s capacity to litigate.’

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Legal Futures, 5th August 2021

Source: www.legalfutures.co.uk

Dougan v Bike Events Ltd: High Court decision on liability for a cycling sportive accident – 12 King’s Bench Walk

Posted July 29th, 2021 in accidents, chambers articles, damages, health & safety, negligence, news, personal injuries, sport by sally

‘The claim was brought by Mr Dougan, an event participant, against Bike Events Ltd as the event organiser of the Manchester 100, a non-competitive charity cycling sportive on open roads.’

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12 King's Bench Walk, 19th July 2021

Source: www.12kbw.co.uk

Walkden v Drayton Manor Park – Emma Zeb looks at the recent High Court appeal – Gatehouse Chambers

Posted July 29th, 2021 in accidents, appeals, chambers articles, damages, news, personal injuries, psychiatric damage by sally

‘The Claimant’s case was that he suffered severe psychiatric and back injuries on a cable car at the Defendant’s amusement park in 2014. Liability for the accident was admitted. Quantum claimed at £1.5million was in issue.’

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Gatehouse Chambers, 27th July 2021

Source: gatehouselaw.co.uk

Derbyshire PCs sacked after woman injured in police van – BBC News

Posted July 16th, 2021 in disciplinary procedures, news, personal injuries, police, professional conduct by tracey

‘Two officers have been sacked after a woman suffered a head injury when the driver of a police van deliberately braked on the way to custody.’

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BBC News, 15th July 2021

Source: www.bbc.co.uk

Appeal judges back higher costs where claimant has died – Law Society’s Gazette

Posted July 13th, 2021 in civil procedure rules, costs, executors, news, personal injuries, pre-action conduct by tracey

‘The Court of Appeal has found in favour of claimants with a ruling that the more lucrative costs regime should apply where someone dies before their case concludes.’

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Law Society's Gazette, 12th July 2021

Source: www.lawgazette.co.uk

Bus driver jailed for crashing double decker carrying 74 children into bridge – The Independent

Posted July 12th, 2021 in accidents, children, dangerous driving, imprisonment, news, personal injuries, psychiatric damage, sentencing by tracey

‘A bus driver has been jailed after injuring 41 children by crashing a double-decker into a railway bridge.’

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The Independent, 10th July 2021

Source: www.independent.co.uk

Court of Appeal boosts claimant PI solicitors with fixed-costs ruling – Legal Futures

Posted July 9th, 2021 in civil procedure rules, costs, news, part 36 offers, personal injuries, solicitors by michael

‘The Court of Appeal has handed a boost to claimant personal injury (PI) solicitors by applying the more generous fixed costs regime for cases where the claimant in a low-value matter dies.’

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Legal Futures, 9th July 2021

Source: www.legalfutures.co.uk

Medico-legal market contracts as Covid hits PI cases – Legal Futures

Posted July 8th, 2021 in compensation, coronavirus, damages, expert witnesses, news, personal injuries, statistics by sally

‘The value of the medico-legal market fell by 18% to £650m last year because of Covid reducing the number of new personal injury cases and slowing down those already in progress.’

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Legal Futures, 8th July 2021

Source: www.legalfutures.co.uk