Tetraplegic student Andrew Risk paralysed after diving into 2ft of water loses damages claim against college – The Independent

’25-year-old had claimed his injury in June 2009 was caused by a breach of duty of care or negligence on the part of Rose Bruford College in Sidcup.’

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The Independent, 6th December 2013

Source: www.independent.co.uk

Bloy and another v Motor Insurers’ Bureau – WLR Daily

Bloy and another v Motor Insurers’ Bureau [2013] EWCA Civ 1543; [2013] WLR (D) 464

‘The law applicable to the assessment of compensation under regulation 13(2)(b) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be assessed by reference to the law of the part of Great Britain where the injured party resided. The limitation on the assessment of compensation under Lithuanian law was not, under English principles of private international law, a matter of substantive law governed by Lithuanian law.’

WLR Daily, 29th November 2013

Source: www.iclr.co.uk

PCSO sues landowner after tripping over fence investigating break-in – Daily Telegraph

Posted November 28th, 2013 in compensation, news, personal injuries, police by tracey

‘Merseyside officer Pauline Harrison is taking legal action after she claims to have fallen over a 3ft high wooden fence and injured her knee.’

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Daily Telegraph, 28th November 2013

Source: www.telegraph.co.uk

High Court sends clear message to judges on granting relief from sanctions – Litigation Futures

Posted November 25th, 2013 in negligence, news, personal injuries, road traffic, striking out by tracey

‘A High Court judges has sent a strong message to county courts about dealing with applications for relief from sanctions in a case where “a wholesale and flagrant disregard” of directions occurred.’

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Litigation Futures, 25th November 2013

Source: www.www.litigationfutures.com

MoD pays out £100,000 to female RAF recruits injured from marching in step with the men – The Independent

Posted November 25th, 2013 in armed forces, compensation, news, personal injuries, women by tracey

‘Three female RAF recruits have each been given £100,000 by the Ministry of Defence after incurring injuries from marching in step with their male colleagues.’

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The Independent, 24th November 2013

Source: www.independent.co.uk

Paddling pool victim seeks millions – Daily Telegraph

“Student Andrew Risk, who was paralysed after diving into 2ft of water, sues Rose Bruford drama school for ‘failing to control high jinx at summer ball’.”

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Daily Telegraph, 20th November 2013

Source: www.telegraph.co.uk

Boys will be boys…. But you can’t sue the school for it by Elliot Kay – Zenith Chambers

Posted November 19th, 2013 in appeals, children, education, news, personal injuries, school children by sally

“On 9th June 2010, Lewis Pierce, a 9 year old schoolboy at the time, was playing with his younger brother George in their school playground. There was a metal water fountain fixed to the external wall of the school which could be accessed from the playground. In the course of play George sprayed his elder brother with water from the fountain, causing Lewis to swing a punch at George. George was able to evade the punch but as a result Lewis connected with the water fountain, causing lacerations to his right thumb and damage to his tendons. Lewis made a good recovery from the injuries sustained.”

Full story

Zenith Chambers, 28th October 2013

Source: www.zenithchambers.co.uk

Civil justice reform – another crack in the wall? – Halsbury’s Law Exchange

“The government’s response to the consultation paper on whiplash claims has recently been published. Within it, the government scraps the idea of raising the small claims limit for personal injury claims to £5,000; a measure which would capture most road traffic claims in the UK. It was seen by many as a pivotal brick in the Jackson campaign for proportionate costs, as it would fix the costs entitlement for most whiplash claims at fixed commencement costs for small claims. This would net a significant saving in adverse costs payments at a national level. So, why was a measure of seemingly vital importance discarded so summarily by the government?”

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Halsbury’s Law Exchange, 15th November 2013

Source: www.halsburyslawexchange.co.uk

Law Society rejects fixed recoverable costs for mesothelioma claims – Litigation Futures

Posted November 14th, 2013 in asbestos, costs, Law Society, news, personal injuries, pre-action conduct by tracey

“The Law Society has come out strongly against the introduction of fixed recoverable costs (FRCs) for mesothelioma claims and argued that while a dedicated pre-action protocol (PAP) could be a good idea, the one proposed by the Association of British Insurers and adopted by the government is not.”

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Litigation Futures, 14th November 2013

Source: www.litigationfutures.com

Mother’s long fight for brain damaged son’s care – BBC News

Posted November 14th, 2013 in birth, compensation, hospitals, news, personal injuries by tracey

“A mother who has been fighting for justice for nearly three decades after her son was born disabled following errors by hospital staff, says she is still haunted by the whole episode.”

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BBC News, 14th November 2013

Source: www.bbc.co.uk

Nearly 25 years after Hillsborough, time for change in psychiatric injury law, says APIL – Litigation Futures

Posted November 13th, 2013 in news, personal injuries, psychiatric damage, sport by tracey

“People who suffer psychiatric injuries after witnessing distressing events are subjected to a ‘harsh and outdated’ system of redress, the Association of Personal Injury Lawyers (APIL) has said, calling for a change in the law.”

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Litigation Futures, 13th November 2013

Source: www.litigationfutures.com

Paralysed Tinsley House detainee sues for damages – BBC News

“A man who broke his spine when he deliberately ran into a brick wall while in detention awaiting deportation is suing for damages.”

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BBC News, 13th November 2013

Source: www.bbc.co.uk

Injured holidaymaker entitled to compensation, but Court of Appeal upholds ‘local standards’ defence – OUT-LAW.com

Posted November 12th, 2013 in appeals, compensation, health & safety, holidays, news, personal injuries by tracey

“The High Court was wrong to state that a Barbados hotel had to comply with the latest safety standards on an ongoing basis in order for a tour operator to escape liability for injury to a holidaymaker, the Court of Appeal has ruled.”

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OUT-LAW.com, 11th November 2013

Source: www.out-law.com

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Commissioner of Police of the Metropolis and others- WLR Daily

AKJ and others v Commissioner of Police of the Metropolis and another; AJA and others v Commissioner of Police of the Metropolis and others [2013] EWCA Civ 1342;   [2013] WLR (D)  424

“An intimate sexual relationship instigated by an undercover police officer with a member of the public to obtain information was included in the phrase ‘personal or other relationship’ in section 26(8)(a) of the Regulation of Investigatory Powers Act 2000, and as such was conduct of the type which could be authorised under section 27 of the Act. Human rights claims arising out of such conduct carried out in ‘challengeable circumstances’ came within the exclusive jurisdiction of the Investigatory Powers Tribunal under section 65 of the 2000 Act. Claims in tort arising out of substantially the same facts could proceed in the High Court.”

WLR Daily, 5th November 2013

Source: www.iclr.co.uk

Barbara Fari sentenced to jail over £750,000 claim – BBC News

Posted November 11th, 2013 in compensation, contempt of court, news, personal injuries, sentencing by michael

“A woman who tried to claim a £750,000 payout for an exaggerated injury has been sentenced to three months in jail.”

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BBC News, 8th November 2013

Source: www.bbc.co.uk

Holidaymaker who sued after walking into glass door in bikini wins case in serious blow to UK travel industry – Daily Telegraph

Posted November 7th, 2013 in appeals, damages, health & safety, holidays, news, personal injuries by tracey

“A holidaymaker who suffered life-threatening cuts after walking into a plate glass door in her bikini has fought off a bid to strip her of her damages award, in what it has been desribed as a serious blow to the UK travel industry.”

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Daily Telegraph, 7th November 2013

Source: www.telegraph.co.uk

Liverpool Chandlers Wharf crane collapse driver’s £2.7m compensation – BBC News

Posted November 6th, 2013 in compensation, construction industry, health & safety, news, personal injuries by sally

“Construction firms are to pay about £2.7m in compensation to the driver of a crane that collapsed in Liverpool, leaving him paralysed.”

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BBC News, 5th November 2013

Source: www.bbc.co.uk

In Too Deep – Zenith Chambers

“Kate Mckinlay considers the impact of the recent Supreme Court decision in Woodland v Essex County Council UKSC 2013.”

Full story (PDF)

Zenith Chambers, 25th October 2013

Source: www.zenithchambers.co.uk

Keynote Address to The Motor Accidents Solicitors Society – Speech by Mr. Justice Foskett

Posted October 29th, 2013 in costs, news, personal injuries, solicitors, speeches by sally

Keynote Address to The Motor Accidents Solicitors Society (PDF)

Speech by Mr. Justice Foskett

The Motor Accidents Solicitors Society, 25th October 2013

Source: www.judiciary.gov.uk

School swimming lessons – Education Law Blog

“Earlier this week the Supreme Court gave judgment in Woodland v Essex County Council [2013] UKSC 66. The case is important because it extends the circumstances in which schools and local authorities will be liable for injuries to the children in their care that are caused by negligence.”

Full story

Education Law Blog, 26th October 2013

Source: www.education11kbw.com