Category: personal injuries

Wembridge Claimants and others v Winter and others – WLR Daily

Posted August 6th, 2013 in emergency services, fire services, health & safety, immunity, law reports, news, personal injuries by sally

Wembridge Claimants and others v Winter and others [2013] EWHC 2331 (QB); [2013] WLR (D) 334

“Regulations pertaining to health and safety in the workplace made pursuant to the Health and Safety at Work etc Act 1974 applied to fire and rescue services and were capable of amending duties under existing statutory provisions so that a breach of the regulations by a fire service employer would be actionable, save where it was expressly provided otherwise.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Action on compensation claims for slips and trips – Ministry of Justice

Posted July 31st, 2013 in compensation, fees, health & safety, news, personal injuries, state liability by sally

“Schools, businesses and councils will all be helped by the latest stage of major law changes turning the tide on compensation culture.”

Full story

Ministry of Justice, 31st July 2013

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

‘Compensation culture is a myth’: Claims for work-related injuries and diseases fall 60 per cent in a decade – The Independent

Posted July 31st, 2013 in compensation, health & safety, news, personal injuries, reports, statistics by sally

“The ‘spiralling’ compensation culture presented by the Government is a myth, according to a report which shows work injury claims are down 60 per cent in the last decade.”

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The Independent, 30th July 2013

Source: www.independent.co.uk

MoJ proposes online scheme for asbestos victims – Law Society’s Gazette

Posted July 25th, 2013 in asbestos, case management, compensation, consultations, dispute resolution, insurance, news, personal injuries, victims by tracey

“Victims of asbestos-related disease are to be offered a process for out-of-court compensation along the lines of the RTA Portal, under proposals to support mesothelioma sufferers announced by the Ministry of Justice today.”

Full story

Law Society’s Gazette, 24th July 2013

Source: www.lawgazette.co.uk

Whiplash drives false insurance claims to £1bn – Daily Telegraph

Posted July 25th, 2013 in fraud, insurance, news, personal injuries by tracey

“Fraud uncovered by the country’s insurers has topped £1 billion for the first time, with 340 questionable claims detected every day.”

Full story

Daily Telegraph, 24th July 2013

Source: www.telegraph.co.uk

Number of ambulance-chasing firms falls by a third after change to ‘no-win, no-fee’ law – Daily Telegraph

Posted July 23rd, 2013 in compensation, fees, law firms, news, personal injuries by tracey

“The number of ‘ambulance-chasing’ firms handling personal injury claims has plummeted by nearly a third after a Government clampdown on no-win, no-fee deals earlier this year.”

Full story

Daily Telegraph, 23rd July 2013

Source: www.telegraph.co.uk

Contributory negligence claims and the use of child passenger restraints by Stuart Young – Sovereign Chambers

Posted July 3rd, 2013 in appeals, children, contribution, damages, negligence, news, personal injuries, third parties by sally

“Parents who fail to secure their children in appropriate child passenger seats can be found to be contributory negligent for any injuries that may be suffered by the child as a result of a road traffic accident, as confirmed by the recent Court of Appeal case Williams v Estate of Dayne Joshua Williams 2013.”

Full story

Sovereign Chambers, 1st July 2013

Source: www.sovereignchambers.co.uk

Brain-damaged claimant fails in Article 8 claim against Council – UK Human Rights Blog

Posted July 3rd, 2013 in care homes, disabled persons, human rights, local government, news, personal injuries, time limits, vicarious liability by sally

“On 29 May 2004, Bradley Bedford, then aged 13, was beaten senseless by one AH, then 15, whom he had the misfortune to encounter entirely by chance near the seaside in Torbay. AH was in a children’s home there which was contracted to the Defendant Council; AH was a ‘looked after’ child under section 20 of the Children Act 1989. Bradley sued the Council for failing to protect him. His claim was limited to one under the Human Rights Act, and Article 8 ECHR in particular.”

Full story

UK Human Rights Blog, 2nd July 2013

Source: www.ukhumanrightsblog.com

Snakes & ladders – New Law Journal

Posted June 28th, 2013 in appeals, causation, ex turpi causa, joint enterprise, negligence, news, personal injuries, proportionality by tracey

“The press would have us believe that criminals can do what they like and then merrily sue all and sundry for the unfortunate consequences of those actions. Sadly for tabloid journalists this is simply not true as the Court of Appeal recently remind us in Joyce v O’Brien [2012] EWHC 1324 (QB), [2012] All ER (D) 202 (May). The case is a useful reminder of the rule often shortened to “ex turpi”, namely that the court will not allow a party to profit from a loss arising from that party’s own criminal or immoral activity.”

Full story

New Law Journal, 27th June 2013

Source: www.newlawjournal.co.uk

Girl awarded £14m compensation after car crash left her paralysed – The Guardian

Posted June 27th, 2013 in accidents, compensation, news, personal injuries by sally

“A teenager, left paralysed from the neck down following a car crash, has been awarded £14m – one of the largest compensation payments made to a minor.”

Full story

The Guardian, 26th June 2013

Source: www.guardian.co.uk

Nicholas Bevan believes catastrophically injured claimants deserve better treatment from the insurance industry – New Law Journal

Posted June 21st, 2013 in damages, insurance, news, periodical payments, personal injuries by tracey

“The Court of Appeal’s ruling in Follett v Wallace [2013] EWCA Civ 146, [2013] All ER (D) 57 (Mar) should give practitioners pause for thought. This was one of those tragic catastrophic injury claims where the victim was left with extensive life-long care needs. Neither liability nor quantum was disputed. Both parties were agreed to part of the claimant’s compensatory entitlement being paid under a periodical payments order (PPO).”

Full story

New Law Journal, 20th June 2013

Source: www.newlawjournal.co.uk

Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted June 18th, 2013 in compensation, damages, news, personal injuries by sally

“Arguments concerning the indexation of periodical payments orders triggered many more cases than usual being tried out on numerous heads of damage. Further cases have followed after the issue of indexation was decided. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.”

Full story (PDF)

Byrom Street Chambers, 30th May 2013

Source: www.byromstreet.com

Manningtree High School fined over climbing wall fall – BBC News

Posted June 11th, 2013 in costs, education, fines, health & safety, news, personal injuries, school children by tracey

“A school where a pupil fell from a climbing wall and broke his heel during a PE lesson has been fined.”

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BBC News, 10th June 2013

Source: www.bbc.co.uk

Claims management companies that break the rules will be named online – Ministry of Justice

Posted June 10th, 2013 in claims management, consumer protection, news, personal injuries by sally

“Consumers will be able to check if claims management companies (CMCs) are subject to investigation with the launch of a new online tool.”

Full story

Ministry of Justice, 7th June 2013

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

Broken arms and strip-searches revealed in damning boys’ jail report – The Independent

Posted June 4th, 2013 in news, personal injuries, prisons, reports, secure training centres, young offenders by sally

“Two children at a privately-run Young Offenders Institution had their arms broken by staff last year during routine strip searches, a report by the Prison Inspectorate has revealed.”

Full story

The Independent, 4th June 2013

Source: www.independent.co.uk

Police force pays £8,000 compensation to staff member who tripped over pile of paper – Daily Telegraph

Posted June 3rd, 2013 in compensation, health & safety, news, personal injuries, police, statistics by sally

“A police force paid out £8,000 in compensation to a member of staff who was hurt tripping over a pile of paper in a corridor, it has emerged.”

Full story

Daily Telegraph, 3rd June 2013

Source: www.telegraph.co.uk

He who hesitates is lost – New Law Journal

Posted May 31st, 2013 in appeals, motorcycles, negligence, news, personal injuries, road traffic offences by sally

“Jonathan Aspinall reports from the Court of Appeal on hesitation, liability and costs.”

Full story

New Law Journal, 30th May 2013

Source: www.newlawjournal.co.uk

Driver to be investigated after 17 whiplash claims in eight years – Daily Telegraph

Posted May 30th, 2013 in costs, fraud, insurance, news, perjury, personal injuries, recidivists by sally

“A driver who made 17 whiplash claims in eight years is to be investigated for perjury after a judge heard details of his latest compensation bid.”

Full story

Daily Telegraph, 30th May 2013

Source: www.telegraph.co.uk

Joyce v O’Brien and another – WLR Daily

Posted May 20th, 2013 in causation, ex turpi causa, joint enterprise, law reports, negligence, personal injuries by sally

Joyce v O’Brien and another [2013] EWCA Civ 546; [2013] WLR (D) 182

“Where the character of a joint criminal enterprise was such that it was foreseeable that a party or parties might be subject to unusual or increased risks of harm as a consequence of the activities of the parties in pursuance of their criminal objectives, and the risk materialised, the harm could properly be said to have been caused by the criminal act of the party suffering it even if it resulted from the negligent or intentional act of another party to the criminal enterprise. Therefore, in such circumstances the principle of ex turpi causa non oritur actio would provide the negligent party with a defence to a claim for negligence by the injured party.”

WLR Daily, 17th May 2013

Source: www.iclr.co.uk

Obtaining cost orders against solicitors – 4 New Square

Posted May 15th, 2013 in civil procedure rules, costs, dispute resolution, insurance, news, part 36 offers, personal injuries, solicitors by sally

“Dispute Resolution analysis: When can solicitors who failed to obtain ATE insurance, become parties
to the litigation for the purpose of cost orders? Stephen Innes, barrister at 4 New Square Chambers
looks at the Court of Appeal’s decision in Heron v TNT.”

Full story (PDF)

4 New Square, 14th May 2013

Source: www.4newsquare.com