E-Scooters: The Current Framework – Part 1 – Guildhall Chambers

‘The Queen’s speech 2022 has confirmed what has been widely anticipated by the media and the legal sector – e-scooters will now become a permanent feature on public roads and new legislation is expected under the Transport Bill.’

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Guildhall Chambers, 12th May 2022

Source: www.guildhallchambers.co.uk

Acoustic shock claim back on after ‘fundamental error’ – Law Society’s Gazette

‘The Court of Appeal has revived an acoustic shock claim after a finding that the defendant’s evidence was incorrect and the judge was considering the wrong issue.’

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Law Society's Gazette, 5th May 2022

Source: www.lawgazette.co.uk

Judicial College Guidelines updated – Law Society’s Gazette

Posted May 5th, 2022 in damages, news, personal injuries by sally

‘On 11 April, the Judicial College published the 16th edition of its guidelines to the assessment of general damages in personal injury cases. The previous edition was published in November 2019. These guidelines were first published in 1992 and provide a critical tool for practitioners and the courts. They rely heavily on reported decisions, covering categories as diverse as injuries caused by death, chronic pain, dermatitis and other skin conditions. The higher awards are to be found in chapters 2 and 3, tetraplegia and head injury, where the ranges in the top bracket are £324,600 to £403,990 and £282,010 to £403,990 respectively. Total blindness and deafness attracts an award in the region of £403,990, while minor injuries “where there is a complete recovery within seven days” are valued at “a few hundred pounds to £690”.’

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Law Society's Gazette, 4May 2022

Source: www.lawgazette.co.uk

MPs call for no-fault compensation in clinical negligence – Legal Futures

Posted April 28th, 2022 in compensation, doctors, hospitals, negligence, news, personal injuries by sally

‘A no-fault compensation scheme for medical negligence should be introduced in England, replacing the “grossly expensive” existing system based on individual blame, MPs have said.’

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Legal Futures, 28th April 2022

Source: www.legalfutures.co.uk

Judge could hand down judgment despite settlement – Legal Futures

‘A deputy master could hand down her judgment on a case that had been heard but settled the day before she was due to circulate a draft judgment striking out the claims.’

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Legal Futures, 20th April 2022

Source: www.legalfutures.co.uk

Teacher wins £850k settlement following classroom assault – Local Government Lawyer

‘A teacher who was assaulted by a student has been awarded £850,000 in compensation following a personal injury claim, his union has reported.’

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Local Government Lawyer, 19th April 2022

Source: www.localgovernmentlawyer.co.uk

Artist injured by stolen motorbike awarded £3m damages after High Court trial – The Independent

‘An artist who wanted around £30 million damages after suffering a serious head injury when he was hit by a stolen motorcycle more than six years ago has been awarded about £3 million by a High Court judge.’

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The Independent, 14th April 2022

Source: www.independent.co.uk

London teacher awarded £850,000 after pupil’s attack – The Guardian

‘A London teacher has been awarded £850,000 in compensation after being punched in the face and kicked during a science lesson by a pupil with a history of violence towards other children and teachers.’

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The Guardian, 14th April 2022

Source: www.theguardian.com

Dog-walking Dorset Police officer faked injury for £150k – BBC News

‘A former police officer who feigned injury and claimed almost £150,000 from the force has been found guilty of gross misconduct.’

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BBC News, 11th April 2022

Source: www.bbc.co.uk

Future loss of earnings or Smith v Manchester? – Exchange Chambers

Posted April 8th, 2022 in accidents, chambers articles, damages, news, personal injuries by sally

‘The decision of Anthony Metzer QC (sitting as a Deputy High Court Judge) in Natasha Palmer v Seferif Mantas and Liverpool Victoria Insurance Co. Ltd [2022] EWHC 90 (QB) provides a helpful analysis of the interplay between a Smith v Manchester award of general damages for disadvantage on the open labour market and a future loss of earnings claim calculated on a multiplier / multiplicand basis.’

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Exchange Chambers, 31st March 2022

Source: www.exchangechambers.co.uk

Credibility: A divisible concept? – Exchange Chambers

‘Alice Dobbie considers how credibility was approached by the courts in two recent cases: Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 and Palmer v Mantas and LV Insurance [2022] EWHC 90.’

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Exchange Chambers, 31st March 2022

Source: www.exchangechambers.co.uk

Slipping Claims and Evidential Burdens – Ropewalk Chambers

‘The law in slipping cases is, in theory, settled and straightforward. One question that often arises in practice, however, is whether the defendant bears an evidential burden of proving that it had in place a proper and adequate system. It is a misconception that say that such a burden always arises in this context.’

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Ropewalk Chambers, 23rd March 2022

Source: www.ropewalk.co.uk

MoJ finally responds to part 2 of whiplash consultation – five years on – Legal Futures

Posted March 23rd, 2022 in accidents, compensation, costs, delay, Ministry of Justice, news, personal injuries by sally

‘The Ministry of Justice (MoJ) today unexpectedly published its response to part 2 of the whiplash consultation which closed in January 2017, with no proposals for any immediate reform.’

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Legal Futures, 22nd March 2022

Source: www.legalfutures.co.uk

Teaching assistant attacked by five-year-old who was ‘big for his age’ wins six-figure payout – Daily Telegraph

‘A former teaching assistant has been awarded a six-figure payout after suing her bosses over an attack by a five-year-old who was “big for his age”.’

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Daily Telegraph, 22nd March 2022

Source: www.telegraph.co.uk

Widow ‘mourned at wrong grave for 27 years after husband’s ashes secretly given to his mother’ – The Independent

Posted March 10th, 2022 in burials and cremation, news, personal injuries, psychiatric damage, widows by tracey

‘Kathleen Walsham is suing funeral giant Dignity for psychological personal injury after she claims she was told in 2016 that her husband’s remains had been buried 10 miles away in Essex.’

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The Independent, 9th March 2022

Source: www.independent.co.uk

Court of Appeal to start again in test case on deductions from PI damages – Legal Futures

Posted February 24th, 2022 in appeals, consent, costs, damages, fees, news, personal injuries, solicitors by sally

‘The much-anticipated hearing in CAM Legal v Belsner was scrapped yesterday after the Court of Appeal raised the possibility that pre-action legal work was contentious business for costs purposes.’

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Legal Futures, 24th February 2022

Source: www.legalfutures.co.uk

Causation and Intervening Medical Treatment – Ropewalk Clinical Negligence Blog

Posted February 22nd, 2022 in causation, hospitals, medical treatment, negligence, news, personal injuries by tracey

‘As lawyers representing parties in clinical negligence cases, we will often encounter scenarios where the injured party has been involved in a road traffic accident or an accident at work and subsequently seeks medical assistance for the purpose of treating their injuries. As a result of negligent medical treatment, the Claimant’s injuries are aggravated, or further injury is suffered. In such circumstances, there may be multiple potential Defendants to any legal claim.’

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Ropewalk Clinical Negligence Blog, 17th February 2022

Source: www.ropewalk.co.uk

Clin neg costs reforms “could lead to exodus” of small law firms – Legal Futures

Posted February 22nd, 2022 in costs, hospitals, law firms, negligence, news, personal injuries, small claims by tracey

‘Small law firms could end up “falling or stepping away” from the clinical negligence market if fixed recoverable costs (FRC) for cases worth less than £25,000 are set too low, a report has warned.’

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Legal Futures, 22nd February 2022

Source: www.legalfutures.co.uk

“Injured people will suffer twice” – furious reaction to clin neg fixed costs – Legal Futures

Posted February 1st, 2022 in costs, hospitals, negligence, news, personal injuries by sally

‘Those harmed by the NHS will “have to pay again by losing access to justice” as a result of government plans to introduce fixed costs, campaigners have claimed.’

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Legal Futures, 1st February 2022

Source: www.legalfutures.co.uk

Supreme Court invited to consider secondary victim claims – UK Human Rights Blog

‘Paul & Ors v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 (13 January 2022). The Court of Appeal dismissed a set of claims for psychiatric injury on the basis of prior binding authority, but indicated that the issue is suitable for consideration by the Supreme Court.’

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UK Human Rights Blog, 20th January 2022

Source: ukhumanrightsblog.com