Powerboater injured in crash awarded £5.5m damages – Daily Telegraph

Posted November 12th, 2014 in costs, damages, news, personal injuries, rehabilitation, sport by tracey

‘A talented young powerboater who suffered catastrophic head injuries when two boats collided during a race has been awarded £5.5 million High Court damages.’

Full story

Daily Telegraph, 11th November 2014

Source: www.telegraph.co.uk

Top QC calls for enquiry into expert witness misconduct – Litigation Futures

‘A leading barrister has called for a study to examine whether anecdotal evidence of abuse and misconduct by expert witnesses is on the “industrial scale” alleged by some, as funding arrangements increase the risk of malpractice.’

Full story

Litigation Futures, 10th November 2014

Source: www.litigationfutures.com

‘You Can’t Always Get What You Want’ – The Defence of ‘Reasonable Practicability’ in a Claim for Breach of the Workplace Regulations – Zenith PI Blog

‘Whilst the caselaw suggests that a defence of ‘reasonable practicability’ in an employers liability claim will often be difficult for a Defendant to make out, a recent High Court decision is a reminder that such a defence can succeed in appropriate circumstances.’

Full story

Zenith PI Blog, 6th November 2014

Source: www.zenithpi.wordpress.com

Limitation: Constructive Knowledge re-visited. Howard Platt –v- BRB (Residuary) Limited [2014] EWCA Civ 1401 – Zenith PI Blog

Posted November 5th, 2014 in appeals, limitations, medical records, news, personal injuries by sally

‘On 15th October 2014, the Court of Appeal had cause to review the manner in which a claimant might find a claim statute barred by reason of constructive knowledge.’

Full story

Zenith PI Blog, 5th November 2014

Source: www.zenithpi.wordpress.com

Jimmy Savile trust challenges victims’ compensation scheme – BBC News

Posted November 5th, 2014 in BBC, charities, compensation, news, personal injuries, sexual offences, victims by sally

‘A charitable trust has launched an Appeal Court challenge over the compensation scheme for people who say they were abused by Jimmy Savile.’

Full story

BBC News, 4th November 2014

Source: www.bbc.co.uk

Inducements ban extended to third parties – Law Society’s Gazette

Posted October 24th, 2014 in inducements, law firms, news, personal injuries by sally

‘The government has moved to strengthen the proposed ban on personal injury firms offering inducements for claims.’

Full story

Law Society’s Gazette, 23rd October 2014

Source: www.lawgazette.co.uk

Second bite of the cherry? Bringing a second action against different employers for development of mesothelioma: abuse of process, cause of action estoppel and discretion under s33 Limitation Act 1980 considered – Zenith PI Blog

‘Would an action against employers who were unidentifiable at the time of an initial claim against 8 other employers in 2003 succeed where it was argued that such proceedings were an abuse of process of the court, that there was cause of action estoppel and where the claim was statute barred and required an application under s 33 Limitation Act 1980?’

Full story

Zenith PI Blog, 21st October 2014

Source: www.zenithpi.wordpress.com

Cognitive Deficit, Capacity And Quantum: A fresh look at how to approach cognitive deficit in PI claims – Zenith PI Blog

Posted October 21st, 2014 in appeals, citizenship, fraud, learning difficulties, news, personal injuries by sally

‘The Court of Appeal found a significant cognitive deficit, and consequent lack of capacity, notwithstanding recent evidence of minimal cognitive dysfunction, resulting in damages of equivalent to £2.3 million on a full liability basis.’

Full story

Zenith PI Blog, 21st October 2014

Source: www.zenithpi.wordpress.com

A guide to the Defective Premises Act 1972 (the DPA) – Zenith PI Blog

Posted October 21st, 2014 in defective premises, landlord & tenant, legislation, news, personal injuries by sally

‘The DPA 1972 is an important, but often misunderstood, piece of legislation within personal injury.’

Full story

Zenith PI Blog, 17th October 2014

Source: www.zenithpi.wordpress.com

PI: calculating disadvantage – Law Society’s Gazette

Posted October 21st, 2014 in compensation, damages, news, personal injuries by sally

‘The assessment of loss for the future earning capacity of a person suffering residual disability through injury has always been unsatisfactory. The method for calculating multipliers, multiplicands and understanding the at times unfathomable awards of the head of damages known as Smith v Manchester has been cloaked in mathematical illogicality.’

Full story

Law Society’s Gazette, 20th October 2014

Source: www.lawgazette.co.uk

Miners’ deafness claims against government on the rise – Litigation Futures

‘Compensation payouts to miners suffering from noise-induced hearing loss (NIHL) are rising sharply, government figures have shown.’

Full story

Litigation Futures, 20th October 2014

Source: www.litigationfutures.com

Catastrophic Claims – Costs Consequences of Life After Jackson – Byrom Street Chambers

Posted October 15th, 2014 in costs, damages, news, personal injuries by sally

‘Lord Justice Jackson and many others have on numerous occasions made it abundantly clear that the primary focus of the investigation into Civil Litigation, the main conclusions in the Final Report and the reforms implemented on and after 1 April 2013 was to control legal costs. The aim of the Final Report was
“to carry out an independent review of the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate costs”’

Full story (PDF)

Byrom Street Chambers, 6th October 2014

Source: www.byromstreet.com

Court enforces German law on military wife’s damages – Law Society’s Gazette

‘An English claimant injured in a crash in Germany has failed in a bid to have her compensation case heard in England and Wales.’

Full story

Law Society’s Gazette, 7th October 2014

Source: www.lawgazette.co.uk

Loss of Earnings: The “Ogden Approach” in Practice: Two Cases Examined – Zenith PI Blog

Posted October 7th, 2014 in appeals, compensation, damages, news, personal injuries by sally

‘Several years ago the notes to the Actuarial Tables set out a more “scientific” means of assessing damages for future loss of earnings. In essence this is done by using the difference between the multipliers in relation to disabled and non-disabled claimants. See the guidance at paragraph 45 of the explanatory notes. Here we look at two cases where the use of this approach has been considered. In Ward it was held not to be appropriate; in Billett it was greatly modified.’

Full story

Zenith PI Blog, 6th October 2014

Source: www.zenithpi.wordpress.com

Asbestos victims win damages ruling – BBC News

Posted October 3rd, 2014 in asbestos, costs, damages, industrial injuries, insurance, news, personal injuries by tracey

‘Government plans to deduct legal fees from the damages paid to people dying from asbestos exposure are unlawful, the High Court has ruled.’

Full story

BBC News, 2nd October 2014

Source: www.bbc.co.uk

New whiplash and PPI claim rules – Ministry of Justice

‘The latest stages of the government’s work on compensation claims take effect today (Wednesday 1 October 2014) with new measures around whiplash and PPI claims.’

Full press release

Minsitry of Justice, 1st October 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Speech by Lord Justice Jackson: Costs Law and Practice Conference – Judiciary of England and Wales

Posted October 1st, 2014 in civil justice, costs, patents, personal injuries, speeches by tracey

‘Keynote speech by Lord Justice Jackson at the Costs Law And Practice Conference on 30th September 2014.’

Full speech

Judiciary of England and Wales, 30th September 2014

Source: www.judiciary.gov.uk

Developments in fundamental dishonesty – Hardwicke Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, damages, medical treatment, news, personal injuries by sally

‘Personal injury practitioners will be aware of the significance of a finding of fundamental dishonesty in the context of Qualified One-Way Costs Shifting (“QoCs”) following the implementation of the Jackson reforms. In addition to this those words could soon take on a new significance in the context of a defendant’s liability to a claimant and consequent costs orders in personal injury claims.’

Full story

Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

‘NOWHERE FAST’ – In what circumstances might a bus driver be held liable to a passenger injured as a result of a fall on a bus? – Zenith PI Blog

‘Most personal injury practitioners will have had experience of dealing with a claim made by a passenger, injured as a result of falling whilst on a bus. Many such incidents result in relatively modest injuries. However, in some cases, particular those involving more elderly Claimants, quite significant and long-lasting injuries can be involved, and with associated ongoing claims for care and assistance. Given the multitude of CCTV cameras onboard such vehicles these days, Courts are often uncommonly well served in having before them good quality evidence of the occurrence and cause of the accident itself. Typically the cause is alleged to be the driver accelerating or braking more sharply than usual. In the latter case, the blame for emergency braking is often placed upon a third party vehicle; for example as a result of pulling out into the bus’ path.’

Full story

Zenith PI Blog, 17th September 2014

Source: www.zenithpi.wordpress.com

Cadet paralysed in fatal skydiving accident sues MoD for £300,000 – Daily Telegraph

Posted September 15th, 2014 in accidents, armed forces, damages, disabled persons, inquests, news, personal injuries by tracey

‘ An Army cadet partly paralysed during a skydiving jump which killed a comrade is suing the Ministry of Defence for more than £300,000. Tim Herlihy, 24, of Stourbridge, was left with incomplete paraplegia after suffering injuries including six burst vertebrae during the accident in 2011 when he collided in mid air with another cadet.’

Full story

Daily Telegraph, 12th September 2014

Source: www.telegraph.co.uk