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“People who suffer psychiatric injuries after witnessing distressing events are subjected to a ‘harsh and outdated’ system of redress, the Association of Personal Injury Lawyers (APIL) has said, calling for a change in the law.”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

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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.”

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Education Law Blog, 26th October 2013

Source: www.education11kbw.com

Blackpool Council fined over ‘horrific’ Claremont Park swing injuries – BBC News

Posted October 25th, 2013 in fines, health & safety, local government, news, parks, personal injuries by sally

“Blackpool Council has been fined £18,000 after a boy suffered ‘horrific injuries’ when a park swing fell on him.”

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BBC News, 24th October 2013

Source: www.bbc.co.uk

Annie Woodland wins landmark case over near drowning – BBC News

“A woman who almost drowned in a school swimming lesson 13 years ago has won a landmark case at the Supreme Court.”

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BBC News, 23rd October 2013

Source: www.bbc.co.uk

MoJ decides against increase in small claims track limit – Law Society’s Gazette

“The Ministry of Justice will today confirm there is to be no increase in the small claims court limit.”

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Law Society’s Gazette, 23rd October 2013

Source: www.lawgazette.co.uk

New curbs on whiplash fraud – Daily Telegraph

“All whiplash victims will have to be assessed by accredited doctors as ministers look to cut the bill faced by insurers and the premiums paid by motorists.”

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Daily Telegraph, 23rd Ocotber 2013

Source: www.telegraph.co.uk

Schools’ duty to safeguard children who lark around – Education Law Blog

“If you are sitting comfortably, I’ll tell you the story of the boy who tried to punch his younger brother but instead hit a water fountain and then sued his school for damages. Or rather I’ll tell you how the Court of Appeal told it in West Sussex County Council v Lewis Pierce [2013] EWCA Civ 1230.”

Full story

Education Law Blog, 18th October 2013

Source: www.education11kbw.com

Judges rule schools not ‘hazard-free zones’ after mother tries to sue – Daily Telegraph

Posted October 17th, 2013 in appeals, children, education, news, personal injuries by sally

“Judges ruled that schools should not have to ‘to safeguard children against harm in all circumstances’ after a boy injured himself on a water fountain.”

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Daily Telegraph, 16th October 2013

Source: www.telegraph.co.uk

Fairclough v Summers – An abuse of Process – Sovereign Chambers

“On the 13th May 2003 whilst acting in the course of his employment with Fairclough Homes Limited (‘Fairclough’), Shaun Summers (‘Mr Summers’) fell from a truck and sustained both a fractured bone in his right hand and a fractured left heel bone. On the 28th October 2003 Fairclough admitted liability for the accident through its insurers (‘the admission’). Mr Summers went on to issue a claim for personal injury and associated losses on the 10th May 2006 but, having examined his medical records (which appeared to cast doubt on Mr Summers’ account of the accident), Fairclough applied for permission to withdraw their admission and served an Amended Defence in relation to liability. On the 28th August 2007, following a trial before HHJ Tetlow (‘the Judge’), Mr Summers obtained judgment against Fairclough with damages to be assessed.”

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Sovereign Chambers, 25th September 2013

Source: www.sovereignchambers.co.uk

Claimant and defendant lawyers cross swords over mesothelioma reform – Litigation Futures

Posted October 7th, 2013 in consultations, costs, damages, legal aid, news, personal injuries by sally

“The low costs risk for claimants making mesothelioma claims means they should not longer benefit from an exemption from the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), a leading defendant law firm has argued.”

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Litigation Futures, 7th October 2013

Source: www.litigationfutures.com

Charter for rogue bosses’ comes into force – Litigation Futures

Posted October 2nd, 2013 in employment, health & safety, negligence, news, personal injuries, strict liability by tracey

“The controversial section 69 of the Enterprise and Regulatory Reform Act 2013 – which removes strict liability for breaches of certain health and safety regulations – has come into force today.”

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Litigation Futures, 1st October 2013

Source: www.litigationfutures.com

Norfolk police officer Kelly Jones drops kerb fall compensation claim – BBC News

Posted September 12th, 2013 in compensation, news, personal injuries, police by tracey

“A police officer in Norfolk who was seeking compensation from a garage after she tripped on a kerb has withdrawn her claim for injuries.”

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BBC News, 12th September 2013

Source: www.bbc.co.uk