‘A model and semi-professional footballer has this week been jailed for two months for making up a personal injury claim.’
Law Society’s Gazette, 12th August 2015
Source: www.lawgazette.co.uk
‘A judge has told a litigant-in-person that a road traffic accident (RTA) she was involved in was not to blame for her failure to secure a training contract.’
Legal Futures, 10th August 2015
Source: www.legalfutures.co.uk
‘A council has admitted wrongly using the Working Time Regulations to refuse the direct payments they assessed a young man as needing, following an investigation by the Local Government Ombudsman.’
Local Government Lawyer, 6th August 2015
Source: www.localgovernmentlawyer.co.uk
‘A firm responsible for bombarding people with millions of nuisance calls has become the first to be fined under new claims management regulation powers.’
Ministry of Justice, 5th August 2015
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Zimran Samuel, barrister of 42 Bedford Row, comments on Mr Justice Peter Jackson’s recent judgment concerning an infant with vitamin D deficiency induced rickets who had suffered multiple fractures.’
Family Law week, 30th July 2015
Source: www.familylawweek.co.uk
‘A claimant is entitled to the protection of qualified one-way costs shifting (QOCS) even though she signed an earlier conditional fee agreement (CFA) for the same injury under the old rules, a regional costs judge has ruled.’
Litigation Futures, 4th August 2015
Source: www.litigationfutures.com
‘Spencer Vaughan was a Royal Marine taking part in an adventure training exercise in Gran Canaria. On the last day of the trip, his supervisor, Corporal Sanders told Spencer and his colleagues that they were free to do what they wanted until about 1.30pm. While visiting a tourist beach, Vaughan executed a shallow dive into the sea. At trial, he said that he had struck a sand bar. As a result he sustained a fracture of the cervical spine, which resulted in incomplete tetraplegia.’
Law Society’s Gazette, 3rd August 2015
Source: www.lawgazette.co.uk
‘In 2009, the Claimant had been in the army and his role was as a HGV driver. He had been taking part in a field exercise in freezing weather and snow for six days having been provided with unsatisfactory footwear. The Claimant suffered a non-freezing cold injury to his feet. Despite treatment he still suffered symptoms in cold weather but was assessed as fit for service. The Claimant obtained an early termination of military service in 2011 because of family commitments. Due to the ongoing symptoms in his feet he issued a claim for damages against the MOD. Liability was agreed at 75% but the parties could not agree quantum.’
Zenith PI Blog, 31st July 2015
Source: www.zenithpi.wordpress.com
‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’
Henderson Chambers, 24th July 2015
Source: www.hendersonchambers.co.uk
‘The time bar prescribed by article 16 of the Convention relating to the Carriage of Passengers and their Luggage by Sea, scheduled to the Merchant Shipping Act 1979, for the bringing of claims against a carrier did not apply to claims against a carrier for contribution in respect of the liability of others to the passenger.’
WLR Daily, 15th July 2015
Source: www.iclr.co.uk
‘The Ministry of Justice (MoJ) today brought forward its planned six-month review of MedCo in response to the problems that have been encountered so far.’
Litigation Futures, 16th July 2015
Source: www.lititgationfutures.co.uk
‘Dunnage v. Randall & UK Insurance Ltd [2015] EWCA Civ 673, 2 July 2015
This is an extraordinary case, and one which goes deep down into why the law of wrongs (or torts) makes people compensate others for injury and losses, whereas the criminal law may decide that a crime has not been committed.’
UK Human Rights Blog, 14th July 2015
Source: www.ukhumanrightsblog.com
‘Judges have cleared the way for the former Guardian journalist Donald MacLeod to claim damages from the Metropolitan police after he was left with brain injuries when he was hit by a police car answering an emergency call while he was cycling home.’
The Guardian, 8th July 2015
Source: www.guardian.co.uk
‘Costs budgeting will not be applied to High Court clinical negligence cases listed for costs hearings between October 2015 and January 2016 in an attempt to clear the backlog, it has emerged.’
Litigation Futures, 2nd July 2015
Source: www.litigationfutures.com
‘This case concerned an appeal against an Order in which the Defendant was to pay the Claimant, Mr Lowdon, the sum of £17,000 by way of general damages for personal injury following injury he suffered as a result of riding on the Defendant’s equipment known as “The Hyper jump”.’
Full story
Zenith PI Blog, 30th June 2015
Source: www.zenithpi.wordpress.com
‘The government intends to put strict limits on the “excessive fees” some lawyers claim in medical negligence cases against the NHS in England.’
BBC News, 28th June 2015
Source: www.bbc.co.uk
‘In an important step away from Pretty v UK, the Grand Chamber of the Strasbourg Court has upheld the right of to die with dignity by ruling that there would be no violation of Article 2 (right to life) of the European Convention on Human Rights if artificial nutrition and hydration were to be withdrawn from a patient in a persistent vegetative state.’
UK Human Rights Blog, 16th June 2015
Source: www.ukhumanrightsblog.com
‘Courts in England and Wales now have the power to strike out personal injury claims in their entirety if the person making the claim has been fundamentally dishonest, even if parts of the claim were genuine.’
Full story
OUT-LAW.com, 17th June 2015
Source: www.out-law.com
Gulati v MGN Ltd [2015] EWHC 1482 (Ch); [2015] WLR (D) 232
‘Damages for infringement of privacy rights should compensate not merely for distress but also, if appropriate, for a loss of privacy or autonomy arising out of the infringement as such, which might include, if appropriate, a sum to compensate for damage to dignity or standing so far as that was meaningful and not already compensated under the distress element.’
WLR Daily, 21st May 2015
Source: www.iclr.co.uk
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