Edwards v Hugh James Ford Simey Solicitors [2019] UKSC 54 – Hardwicke Chambers

‘The Appellant was a firm of solicitors against whom the Respondent, on behalf of the late Mr Watkins’ estate, continued Mr Watkins’ claim in professional negligence following his death in 2014.’

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Hardwicke Chambers, 10th February 2020

Source: hardwicke.co.uk

New setback in race to begin whiplash reform in April – Legal Futures

‘The Civil Procedure Rule Committee last week put off approving the rules for the new whiplash portal until next month, it is understood, making the April start-date all-but impossible.’

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Legal Futures, 10th February 2020

Source: www.legalfutures.co.uk

‘Scared of heights’ injury claimant filmed on Europe’s biggest waterslide – BBC News

‘A bodybuilder who claimed an accident left him scared of heights was exposed when a video emerged of him careering down Europe’s highest waterslide.’

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BBC News, 6th February 2020

Source: www.bbc.co.uk

Covert recordings: does the end justify the means? Read Martina Murphy and Jane Wheeler’s article in this month’s ELA Briefing here – 12 King’s Bench Walk

Posted February 6th, 2020 in audio recordings, employment, news, personal injuries, video recordings by sally

‘Covert recording is featuring increasingly in both employment and personal injury law – and the ramifications of recent decisions are yet to be fully played out. Two recent cases consider the issue from both sides in the workplace; Phoenix, featured covert recording by an employee and López considered covert surveillance by employers.’

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12 King's Bench Walk, 4th February 2020

Source: www.12kbw.co.uk

Carol Sammut v The Dudley Group NHS Foundation Trust (2019, QB) – 12 King’s Bench Walk

Posted February 6th, 2020 in chambers articles, hospitals, news, personal injuries by sally

‘In Carol Sammut v The Dudley Group NHS Foundation Trust (2019, QB), Judge Allen, sitting as a Deputy High Court Judge dismissed the Claimant’s clinical negligence claim against the Defendant NHS Trust pursuant to section 57 Criminal Justice and Courts Act 2015.’

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12 King's Bench Walk, 31st January 2020

Source: www.12kbw.co.uk

Walsh v CP Hart & Sons Ltd [2020] EWHC 37 (QB) (13 January 2020) – Parklane Plowden Chambers

Posted February 6th, 2020 in chambers articles, health & safety, news, personal injuries by sally

‘The Claimant sustained serious head injuries when he fell from the back of a vehicle when delivering goods in the course of his employment with the Defendant. The tail lift on the vehicle had been lowered by the Claimant. Shortly afterwards he had either stepped backwards or lost his footing, falling approximately one metre to the ground.’

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Parklane Plowden Chambers, 3rd February 2020

Source: www.parklaneplowden.co.uk

Sanderson v Guy’s and St Thomas’ NHS Foundation [2020] EWHC 20 (QB) – Parklane Plowden Chambers

Posted February 6th, 2020 in birth, causation, hospitals, news, personal injuries by sally

‘The Claimant suffered from moderately severe cerebral palsy resulting from a short period acute brain hypoxia in the minutes preceding her delivery in February 2002.’

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Parklane Plowden Chambers, 27th January 2020

Source: www.parklaneplowden.co.uk

Royal Mail sued by postwoman for £50,000 after dog bit off two fingers during rounds amid claims she wasn’t warned about animal – Daily Telegraph

Posted February 6th, 2020 in dogs, news, personal injuries, postal service by sally

‘A postwoman whose fingers were bitten off by a dog as she put a card through a letterbox is suing Royal Mail for £50,000 compensation.’

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Daily Telegraph, 5th February 2020

Source: www.telegraph.co.uk

“Arising out the use of a vehicle?” Common sense definition prevails – Park Square Barristers

Posted February 6th, 2020 in insurance, news, personal injuries, taxis, theft by sally

‘In Neil Carroll v Michael Taylor, Michael Doyle, Emms Taxis Limited & QBE Insurance (Europe) Limited [2020] EWHC 153 QB the facts were relatively straightforward; Mr Carroll hailed a black cab driven by the First Defendant and owned by the Second Defendant after a night out drinking. Rather than taking him home, the First Defendant firstly stole his debit card (in fact swopping it for the debit card he had stolen from a previous fare) and then secondly when the First Defendant asked him to stop so he could get cash out, watched as the First Defendant (presumably repeatedly) put in his pin number, not realising that his attempt to obtain cash was doomed to failure as he was using somebody else’s card. Having thus obtained his pin number, the First Defendant then drove away leaving Mr Carroll stranded (and indeed within a short period of time removed £220 from Mr Carroll’s account with the ill-gotten card and pin number).’

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Park Square Barristers, 31st January 2020

Source: www.parksquarebarristers.co.uk

Sanderson v Guy’s and St Thomas’ NHS Foundation [2020] EWHC 20 (QB). – Parklane Plowden Chambers

Posted January 28th, 2020 in birth, causation, negligence, news, personal injuries by sally

‘The Claimant suffered from moderately severe cerebral palsy resulting from a short period acute brain hypoxia in the minutes preceding her delivery in February 2002.’

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Parklane Plowden Chambers, 27th January 2020

Source: www.parklaneplowden.co.uk

Business owners beware! Take reasonable steps or risk a personal injury claim – Becket Chambers

Posted January 21st, 2020 in accidents, news, personal injuries by sally

‘This article discusses a recent case whereby the court found that as the Defendant’s employee had failed to report an issue with a passenger lift, they had not acted reasonably. Therefore, the Defendant had been in breach of s2 of the Occupiers Liability Act 1957.’

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Becket Chambers, 15th January 2020

Source: becket-chambers.co.uk

Bateman v Devon CC (HHJ Mitchell, Plymouth CC, 2nd September 2019): Falling in between the portals – Guildhall Chambers

Posted January 21st, 2020 in costs, news, personal injuries, road traffic, statutory interpretation by sally

‘The facts of the case were straightforward. The Claimant was riding his motorcycle along a road for which the Local Authority were responsible when he fell and injured himself as a result of a pothole. A claim was brought against the Local Authority. Liability was denied, but after proceedings were served the case settled for a sum of £800.’

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Guildhall Chambers, 17th January 2020

Source: www.guildhallchambers.co.uk

Contempt and pre-action conduct – Law Society’s Gazette

‘In the landmark decision in Jet2 Holidays Limited v Hughes & Hughes [2019] EWCA Civ 1858, the Court of Appeal (Sir Terence Etherton MR, Hamblen and Flaux LJJ) confirmed that the High Court has jurisdiction to commit for contempt of court in respect of false witness statements made under a pre-action protocol (PAP) even though proceedings were never issued.’

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Law Society's Gazette, 13th January 2020

Source: www.lawgazette.co.uk

Finding of Fundamental Dishonesty Against Claimant and Defendant Driver (Wise v Hegarty and Alpha Insurance) – 39 Essex Chambers

Posted January 9th, 2020 in evidence, fraud, insurance, internet, news, personal injuries, road traffic by sally

‘Personal injury analysis: Convincing telematics evidence, coupled with evidence of social media links between the claimant and defendant, was sufficient for a road traffic accident claim to be dismissed and findings of fundamental dishonesty to be made against both the claimant and first defendant. Fundamental dishonesty will be pursued by an insurance company even if the finding is made against their own insured. Emily Formby discusses the case for Lexis PSL.’

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39 Essex Chambers, 7th January 2020

Source: www.39essex.com

ABI drops discount rate judicial review threat – Litigation Futures

Posted December 18th, 2019 in compensation, insurance, judicial review, news, personal injuries by sally

‘The Association of British Insurers (ABI) has decided not to launch judicial review proceedings over the previous government’s decision to raise the discount rate, but only to -0.25%.’

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Litigation Futures, 17th December 2019

Source: www.litigationfutures.com

Disabled woman called ‘lying bitch’ by welfare official awarded £5,000 – The Guardian

‘A disabled woman has been awarded £5,000 in an out-of-court settlement after being called a “lying bitch” by a welfare official in formal legal papers after challenging a decision to cut her disability benefits.’

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The Guardian, 12th December 2019

Source: www.theguardian.com

Solicitor fined £50,000 for misusing client’s interim payments – Legal Futures

‘A solicitor who spent £46,600 of a disabled client’s interim payments on costs and disbursements instead of on rehabilitation, has been fined £50,000 by the Solicitors Disciplinary Tribunal (SDT).’

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Legal Futures, 13th December 2019

Source: www.legalfutures.co.uk

Misconduct accusation rejected despite claim value rising by £20k – Law Society’s Gazette

Posted December 10th, 2019 in costs, news, personal injuries, small claims, solicitors, valuation by sally

‘The High Court has allowed a claimant to recover costs outside the personal injury protocol after they upped the value of the claim from £5,000 to more than £25,000. In the process, a deputy master rejected the defendant’s application that claimant solicitors effectively misled the court about the claim’s true value.’

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Law Society's Gazette, 10th December 2019

Source: www.lawgazette.co.uk

Solicitor who felt “intimidated” by clients struck off – Legal Futures

‘A partner who said she felt “threatened and intimidated” by clients who would not accept her advice to discontinue has been struck off for lying about the progress of their cases.’

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Legal Futures, 9th December 2019

Source: www.legalfutures.co.uk

Small claims track delays continue to rise – Litigation Futures

Posted December 6th, 2019 in delay, news, personal injuries, small claims by sally

‘The average time between a small claim being issued and going to trial continues to spiral upwards ahead of the reforms which will send hundreds of thousands of personal injury claims into the system.’

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Litigation Futures, 6th December 2019

Source: www.litigationfutures.com