St Helens woman scalped and lost ear and thumb in factory machine – BBC News

Posted July 3rd, 2019 in fines, health & safety, industrial injuries, news, personal injuries by sally

‘A woman was scalped and had her thumb amputated after her hair was trapped in a machine at a flooring and mouldings factory, a court has heard.’

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BBC News, 2nd July 2019

Source: www.bbc.co.uk

“Under pressure” lawyer misled court after amending attendance note – Legal Futures

‘A defendant personal injury lawyer who inaccurately recorded a telephone conversation with the other side in an attendance note – which led to the court being misled – has been fined.’

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Legal Futures, 3rd July 2019

Source: www.legalfutures.co.uk

Re-opening final decisions of police injury benefit determinations – UK Police Law Blog

‘In R (Boskovic) v Chief Constable of Staffordshire [2019] EWCA Civ 676, the Court of Appeal had to resolve apparently conflicting High Court decisions on two separate questions arising from the application of the Police (Injury Benefit) Regulations 2006. This blog post considers the implications for police pension authorities who are asked to agree to re-open a final decision, thereby avoiding the need for an appeal to the Police Medical Appeal Board, or a judicial review claim.’

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UK Police Law Blog, 2nd July 2019

Source: ukpolicelawblog.com

Property damage “will be covered” by whiplash regime – Legal Futures

‘The whiplash portal for litigants in person will cover claims for property damage, in addition to personal injury and uninsured losses, the Motor Insurers Bureau (MIB) has confirmed.’

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Legal Futures, 2nd July 2019

Source: www.legalfutures.co.uk

Anger with MoJ over whiplash reforms begins to boil over – Legal Futures

‘Both the claimant and defendant representatives have expressed frustration with the progress of the government’s whiplash reforms, and doubted it will be ready for April 2020 as planned.’

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Legal Futures, 26th June 2019

Source: www.legalfutures.co.uk

Regulator considers cap on fees charged by personal injury CMCs – Legal Futures

Posted June 25th, 2019 in claims management, fees, financial regulation, news, personal injuries by sally

‘The Financial Conduct Authority (FCA) is to explore whether to use its power to cap the fees charged by personal injury claims management companies (CMCs), it has emerged.’

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Legal Futures, 24th June 2019

Source: www.legalfutures.co.uk

Senior HSBC banker wins compensation from hairdresser who burned her head during blow dry – Daily Telegraph

Posted June 21st, 2019 in damages, news, personal injuries by tracey

‘A senior HSBC banker who was burned on the head by a hairdresser during a wash and blow dry has won thousands in compensation after she said it left her being mocked by colleagues.’

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Daily Telegraph, 20th June 2019

Source: www.telegraph.co.uk

Woman knocked down while on phone wins payout from cyclist -The Guardian

Posted June 19th, 2019 in bicycles, damages, news, personal injuries by tracey

‘A woman who was knocked unconscious by a cyclist will be awarded compensation, despite a judge finding she had stepped into the road while looking at her phone.’

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The Guardian, 18th June 2019

Source: www.theguardian.com

Defective service and “technical game playing”: Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 – Zenith PI

‘Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 is the latest procedural skirmish in the ongoing battle between Claimants and Defendants. Following on from the Supreme Court’s judgment in Barton v Wright Hassall LLP [2018] UKSC 12, it is an important reminder – if any were needed – that Claimants must be familiar with the rules on service of claim forms, and with the other side’s procedural stance.’

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Zenith PI, 17th June 2019

Source: zenithpi.wordpress.com

Insurers agree to be bound by ADR in new whiplash system – Legal Futures

‘Defendant insurers have agreed to be bound by the outcome of the alternative dispute resolution (ADR) process being built into the new whiplash system, it has emerged.’

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Legal Futures, 13th June 2019

Source: www.legalfutures.co.uk

Supreme Court gives new guidance on liability of local authorities – UK Human Rights Blog

‘Poole Borough Council v GN and another [2019] UKSC 25. The Supreme Court has found that Poole Borough Council did not owe a duty of care to two children, CN and GN, who it failed to re-house, despite the fact that they were suffering abuse from their neighbours. However, the court overruled previous authority and found that in some situations a duty of care might arise.’

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UK Human Rights Blog, 7th June 2019

Source: ukhumanrightsblog.com

MIB has to pay out for injury suffered on private land, says CA – Litigation Futures

‘The Court of Appeal has upheld a ruling that the Motor Insurers Bureau (MIB) has to pay compensation to a man injured by an uninsured vehicle, even though it was on private land.’

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Litigation Futures, 5th June 2019

Source: www.litigationfutures.com

Number of PI claims “largely static” over past year – Legal Futures

Posted June 3rd, 2019 in news, personal injuries, statistics by sally

‘The number of personal injury claims registered with the Compensation Recovery Unit (CRU) increased marginally over the last year, but still remain low compared to recent history.’

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Legal Futures, 31st May 2019

Source: www.legalfutures.co.uk

New APIL chief: Falling PI damages “an affront to justice” – Litigation Futures

‘Trends in personal injury claims since LASPO, with damages falling, are an “affront to justice”, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’

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Litigation Futures, 21st May 2019

Source: www.litigationfutures.com

Judge wrong to ignore tactics of “unscrupulous” NIHL claimants – Litigation Futures

Posted May 21st, 2019 in appeals, contempt of court, costs, deceit, fraud, judges, news, noise, personal injuries by sally

‘A judge has been criticised by the Court of Appeal for failing to take into account tactics used by “unscrupulous claimants and lawyers”, particularly in noise-induced hearing loss (NIHL) cases.’

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Litigation Futures, 21st May 2019

Source: www.litigationfutures.com

Judge spikes PI claim from ‘disabled’ victim over fundamental dishonesty – Law Society’s Gazette

‘The High Court has thrown out a personal injury claim – without letting the case go to full quantum trial – after the litigant presented an ‘egregiously untrue picture’ of his disabilities.’

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Law Society's Gazette, 16th May 2019

Source: www.lawgazette.co.uk

Jackson calls for overhaul of system for clinical negligence claims – Litigation Futures

‘Clinical negligence claims could be handled by a tribunal under a new test for liability of whether the patient has suffered ‘reasonably avoidable injury’, Sir Rupert Jackson has proposed.’

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Litigation Futures, 17th May 2019

Source: www.litigationfutures.com

Solicitors Can Recover VAT On Medical Reporting Organisation Fee: British Airways PLC v Prosser – Zenith PI Blog

‘Personal Injury analysis: Frances Lawley, barrister at Zenith Chambers, explores the decision in British Airways Plc v Prosser, which found that a solicitor can recover VAT on a medical reporting organisation fee.’

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Zenith PI Blog, 9th May 2019

Source: zenithpi.wordpress.com

This week’s round up – Williamson fired over Huawei and the courts return after Easter – UK Human Rights Blog

‘Despite the return of the courts on Monday, it was another relatively light week in terms of decisions in the fields of public law and human rights. However, the High Court decided a number of interesting clinical negligence cases, whilst the Court of Appeal gave judgement in the case of TM (Kenya), R (On the Application Of) v Secretary of State for the Home Department [2019] EWCA Civ 784.’

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UK Human Rights Blog, 7th May 2019

Source: ukhumanrightsblog.com

CMC censured over ‘all birth injuries caused by negligence’ claim – Litigation Futures

‘The Advertising Standards Authority (ASA) has upheld a complaint against a claims management company whose advertising implied that birth injuries were only caused by medical negligence.’

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Litigation Futures, 1st May 2019

Source: www.litigationfutures.com