Afghanistan blast scientist Lee Peters receives MoD payout – BBC News

‘A scientist who lost three fingers when a suspicious package exploded as he handled it has been compensated by the Ministry of Defence.’

Full story

BBC News, 21st May 2017

Source: www.bbc.co.uk

Poshteh v Royal Borough of Kensington and Chelsea – Arden Chambers

‘The Supreme Court has declined to depart from its previous judgment in Ali v Birmingham CC that the right to homelessness accommodation under s193 Housing Act 1996 was not a civil right under art 6, despite a decision of the ECtHR to the contrary in Ali v UK; it has affirmed the dicta of Lord Neuberger in Holmes-Moorhouse v Richmond upon Thames LBC that a “benevolent approach” is to be taken to homelessness review decisions under s202; and said (obiter) that the principles governing the right of appeal to the county court under s204 had been authoritatively established by the House of Lords in Runa Begum v Tower Hamlets LBC and other cases including Holmes-Moorhouse, and should be taken as settled.’

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Arden Chambers, 10th May 2017

Source: www.ardenchambers.com

Army widow sues MoD for failing to spot husband’s PTSD – Daily Telegraph

‘An Army widow who suffered five miscarriages after her husband attacked her while suffering from post traumatic stress disorder (PTSD) has launched a legal case against the Ministry of Defence for failing them both.’

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Daily Telegraph, 26th February 2017

Source: www.telegraph.co.uk

Future loss of earnings (Ogden vs Smith v Manchester approach), loss of congenial employment, material contribution test: A review of the decision in Kennedy v London Ambulance Service NHS Trust [2016] EWHC 3145 (QB) – Zenith PI Blog

Posted January 6th, 2017 in damages, news, personal injuries, post-traumatic stress disorder by tracey

‘This was a case of carbon monoxide poisoning. Liability was admitted; the matter was listed for an assessment of damages hearing. The interesting part of the decision is yet another example of the need not to focus too rigidly on the Ogden tables (multiplier/multiplicand) approach. It also provides a useful review of the case law concerning the material contribution test.’

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Zenith PI Blog, 6th January 2017

Source: www.zenithpi.wordpress.com

Army veteran Tasered by police awarded £50,000 compensation – The Guardian

‘An army veteran has been paid £50,000 in compensation by Bedfordshire police after he was Tasered while suffering a flashback triggered by post-traumatic stress disorder.’

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The Guardian, 15th September 2016

Source: www.guardian.co.uk

A compendium of vulnerability cases – Nearly Legal

‘Following on from our post on Mohammed v Southwark LBC, here are notes on a further three appeals to the County Court under section 204 Housing Act 1996, all related to decisions on priority need (or lack of it) through vulnerability.’

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Nearly Legal, 12th September 2016

Source: www.nearlylegal.co.uk

High court rules in favour of rape victim who retracted accusation under duress – The Guardian

‘A domestic violence victim who was jailed for retracting an allegation of rape, which was actually true, will have her compensation increased after an appeal judge ruled she had been unfairly punished for failing to fully cooperate with police.’

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The Guardian, 1st August 2016

Source: www.guardian.co.uk

Secondary victims revisited: Liverpool Women’s Hospital NHS Foundation Trust v Ronayne – Cloisters

‘Claims by secondary victims are subject to well-known control mechanisms. The classic statement of which came in Alcock v Chief Constable of the South Yorkshire Police[1]:

there must be a close tie of love and affection with the person killed, injured or imperilled;
there must be proximity in time and space to the incident or its immediate aftermath;
the incident or its immediate aftermath must have been directly perceived;
the psychiatric injury must be induced by a sudden shocking event.’

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Cloisters, 14th April 2016

Source: www.cloisters.com

Is a mere roof enough? – Nearly Legal

‘An application for interim relief in a judicial review of Lambeth’s refusal to provide interim accommodation pending review of the claimant’s homeless application, but one that leaves me thinking (or perhaps hoping) that there must have been more to this than appears in the Lawtel note.’

Full story

Nearly Legal, 24th February 2016

Source: www.nearlylegal.co.uk

Ex-BA flight attendant sues G4S after witnessing death of Jimmy Mubenga – The Guardian

Posted October 1st, 2015 in airlines, news, post-traumatic stress disorder, unlawful killing, witnesses by sally

‘A former British Airways flight attendant is suing G4S for more than £100,000 after witnessing the death of Jimmy Mubenga, a deportee who suffocated while being restrained by security guards employed by the firm.’

Full story

The Guardian, 30th September 2015

Source: www.guardian.co.uk

Subjective suitability – Nearly Legal

‘At issue in this second appeal from a s.204 appeal was whether it was reasonable for Ms Poshteh to have refused an offer of accommodation. Both parties agreed that the property was objectively suitable. The question then was the second part of the two stage test in Housing Act 1996 section 193(7F):

(7F) The local housing authority shall not –

(a) make a final offer of accommodation under Part 6 for the purposes of subsection (7);

… unless they are satisfied that the accommodation is suitable for the applicant and that it is reasonable for him to accept the offer.”’

Full story

Nearly Legal, 2nd August 2015

Source: www.nearlylegal.co.uk

I wish I could pass a longer jail term, judge tells stalker – Daily Telegraph

‘Judge speaks of frustration at only being able to jail a stalker, who drove female GP to a mental breakdown, for five years.’

Full story

Daily Telegraph, 26th May 2015

Source: www.telegraph.co.uk

Former Met police officer avoids prison after being caught possessing thousands of child abuse images ‘because of his background’ – The Independent

‘A former Met police officer who was caught with nearly two and a half thousand indecent images and films of children has avoided a prison sentence after a judge cited “his background” as a mitigating factor.’

Full story

The Independent, 8th November 2014

Source: www.independent.co.uk

British soldier with mental disorder extradited to US – The Guardian

Posted July 4th, 2014 in armed forces, extradition, fraud, news, post-traumatic stress disorder by tracey

‘A British soldier with post-traumatic stress disorder said he had been disowned by the British government as he was extradited to the United States on Thursday.’

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The Guardian, 3rd July 2014

Source: www.guardian.co.uk

Sex abuse victim has post traumatic stress from court questioning – BBC News

‘A sex abuse victim says a cross-examination in court in Jersey was so aggressive she has been diagnosed with Post Traumatic Stress Disorder (PTSD).’


Full story

BBC News, 23rd June 2014

Source: www.bbc.co.uk

Judge calls for action to help soldiers sufering PTSD as he spares veteran – Daily Telegraph

‘Judge warns increasing numbers of soldiers suffering post traumatic stress disorder are coming before the courts as he says “I don’t think we give enough credit to the men who are prepared to lay down their lives on a daily basis for us.”‘

Full story

Daily Telegraph, 19th May 2014

Source: www.telegraph.co.uk

Whiston man jailed for killing abusive former stepfather – BBC News

‘A man who killed his abusive former stepfather by running him over in his car has been jailed for three years.’

Full story

BBC News, 16th May 2014

Source: www.bbc.co.uk

Train driver traumatised by death on tracks fights loss of compensation – The Independent

‘It was around midday on 31 March 2012 that Nik Douglas’s life changed forever. The 37-year-old train driver was travelling through Northallerton station on the way to Newcastle when he saw a man in his sixties standing alone on the platform. He thought nothing of the lone figure, turning instead to check the opposite platform. By the time Mr Douglas looked back again, the man was crouching on the tracks in front of his train. But because of a recent change in the law, Mr Douglas could be the last person in the country to receive compensation for such trauma.’

Full story

The Independent, 5th May 2014

Source: www.independent.co.uk

Lee Bonsall inquest: Coroner calls for mental health review – BBC News

‘A former soldier found hanged gave no indication he was intending to harm himself, an inquest has heard.’

Full story

BBC News, 30th January 2014

Source: www.bbc.co.uk

Soldier jailed for killing daughter after returning from Afghanistan – The Guardian

‘A soldier who killed his 20-month-old daughter after surviving a rogue attack in Afghanistan has been jailed for six years.’

Full story

The Guardian, 17th January 2014

Source: www.guardian.co.uk