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.”

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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

“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 sally

“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

Council guilty of safety breach after woman falls into drain at care home – Local Government Lawyer

Posted September 11th, 2013 in care homes, costs, elderly, fines, health & safety, news, ombudsmen, personal injuries by sally

“A council has been fined £5,000 and ordered to pay costs after an 82-year-old vulnerable woman was injured in a fall at one of its care homes.”

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Local Government Lawyer, 10th September 2013

Source: www.localgovernmentlawyer.co.uk

The last gasp for strict liability? – Hardwicke Chambers

Posted August 22nd, 2013 in bills, employment, news, personal injuries, sport, strict liability by sally

“With the Government’s amendment to the Enterprise Bill 2013 due to abolish strict liability in employers’ claims, it seems that certain Courts were ahead of the pack in seeking to mitigate what they saw as the potentially unfair consequence of construing the Regulations too strictly against quasi-employers.”

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Hardwicke Chambers, 9th August 2013

Source: www.hardwicke.co.uk

Wembridge Claimants and others v Winter and others – WLR Daily

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.”

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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

“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.”

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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 sally

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

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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 sally

“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.”

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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

“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.”

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Sovereign Chambers, 1st July 2013

Source: www.sovereignchambers.co.uk

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

“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.”

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UK Human Rights Blog, 2nd July 2013

Source: www.ukhumanrightsblog.com

Snakes & ladders – New Law Journal

“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.”

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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.”

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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 sally

“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).”

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New Law Journal, 20th June 2013

Source: www.newlawjournal.co.uk