Category: personal injuries

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 sally

“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.”

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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.”

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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.”

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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.”

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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.”

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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

Taylor v Chief Constable of Hampshire Police – WLR Daily

Posted May 14th, 2013 in appeals, employment, health & safety, law reports, personal injuries, police, protective equipment by sally

Taylor v Chief Constable of Hampshire Police [2013] EWCA Civ 496; [2013] WLR (D) 171

“The Personal Protective Equipment at Work Regulations 1992 were engaged with respect to risks from sharp edges in a claim for damages for personal injury once such a risk was shown to be more than de minimis, and the employer had to provide suitable equipment to protect against that risk unless working methods could provide equal or more effective protection.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

WPc’s cut thumb will cost force £100,000 – Daily Telegraph

Posted May 13th, 2013 in appeals, compensation, costs, damages, health & safety, news, personal injuries, police by sally

“Taxpayers were last night facing a legal bill of at least £100,000 after a long-standing compensation row involving a female police officer who cut her thumb while on duty.”

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Daily Telegraph, 10th May 2013

Source: www.telegraph.co.uk

Teachers accused: 4 recent cases – Education Law Blog

Posted May 3rd, 2013 in appeals, Christianity, criminal records, disclosure, negligence, news, personal injuries, teachers by sally

“The following 4 recent cases all share the broad theme of claims or accusations against teachers.”

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Education Law Blog, 1st May 2013

Source: www.education11kbw.com

Turning the tide on compensation culture – Ministry of Justice

Posted May 2nd, 2013 in compensation, fees, insurance, news, personal injuries by sally

“Major law changes are turning the tide on the growing compensation culture, Justice Secretary Chris Grayling said today [1 May].”

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Ministry of Justice, 1st May 2013

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

Every picture tells a story – Hardwicke Chambers

Posted May 2nd, 2013 in evidence, expert witnesses, negligence, news, personal injuries, photography by sally

“Jamie Clarke interviews expert clinical photographer and proprietor of Clinical Photography UK, Tim Zoltie on the use of photography in personal injury and clinical negligence claims.”

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Hardwicke Chambers, 24th April 2013

Source: www.hardwicke.co.uk

Horsewoman who appeared in Queen’s Diamond Jubilee exaggerated injuries for compensation – Daily Telegraph

Posted April 29th, 2013 in compensation, fraud, health & safety, news, personal injuries, sentencing, sick leave by sally

“A horsewoman who appeared in the Queen’s Diamond Jubilee pageant exaggerated
injuries she suffered in a fall to try to win a big compensation pay-out, a
court heard.”

Full story

Daily Telegraph, 26th April 2013

Source: www.telegraph.co.uk

Fraudulent claims – The net continues to close – Hardwicke Chambers

Posted April 23rd, 2013 in costs, fraud, insurance, news, personal injuries, solicitors, striking out by sally

“It seems that the courts – and in particular Central London Court – are taking an increasingly intolerant approach to fraudulent and exaggerated claims, and are visiting the consequences of such claims on the solicitors, as well as the unsuccessful claimant.”

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Hardwicke Chambers, 18th April 2013

Source: www.hardwicke.co.uk

Cutting to the chase – New Law Journal

Posted April 22nd, 2013 in case management, costs, damages, doctors, expert witnesses, news, personal injuries by sally

“The Jackson and associated reforms in civil court procedure are largely now in place. Extended ‘tracks’ and ‘portals’, reduced fixed fees, costs budgeting and non-recoverability of success fees will force lawyers to take a close look at the costs incurred in presenting an injury claim and how most efficiently to put the claim together. The medical report is essential, providing the foundations of much of the claim.”

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New Law Journal, 19th April 2013

Source: www.newlawjournal.co.uk

Home secretary orders probe over police compensation – BBC News

Posted April 19th, 2013 in compensation, news, personal injuries, police by sally

“Home Secretary Theresa May has said she wants to know if the case of a Norfolk
police officer suing a garage owner was ‘symptomatic’ of a claims culture among
officers.”

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BBC News, 18th April 2013

Source: www.bbc.co.uk

M25 suicide case demonstrates limits of court of appeal – The Guardian

Posted April 18th, 2013 in appeals, criminal injuries compensation, grievous bodily harm, news, personal injuries, suicide, Supreme Court, tribunals by sally

“Supreme court’s backing of initial tribunal reaffirms principle that suicidal people may not realise full effects of their actions.”

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The Guardian, 18th April 2013

Source: www.guardian.co.uk

£8.5m payout for boy whose brain was damaged in ‘catalogue of errors’ – The Independent

Posted April 18th, 2013 in birth, compensation, hospitals, news, personal injuries by sally

“A seven-year-old boy who suffered catastrophic brain damage after a ‘catalogue of errors’ at his birth is to receive a compensation package worth £8.5 million.”

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The Independent, 18th April 2013

Source: www.independent.co.uk