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.’

Full Story

Local Government Lawyer, 19th April 2022

Source: www.localgovernmentlawyer.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.’

Full Story

The Guardian, 14th April 2022

Source: www.theguardian.com

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.’

Full Story

The Independent, 9th March 2022

Source: www.independent.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.’

Full Story

UK Human Rights Blog, 20th January 2022

Source: ukhumanrightsblog.com

Gaps in Time and Space: Claims for Clinical Negligence by Secondary Victims following Paul v Royal Wolverhampton NHS Trust – Ropewalk Clinical Negligence Blog

Posted January 20th, 2022 in hospitals, negligence, news, psychiatric damage, third parties by tracey

‘A heavyweight Court of Appeal, comprising the Master of the Rolls, the Vice President of the Court of Appeal (Civil Division) and Nicola Davies LJ has handed down judgment in the conjoined appeals of Paul v Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 (referred to, together, in this post as “Paul”). The appeal has been awaited and closely watched, dealing as it does with claims for psychiatric injury by secondary victims (that category of cases referred to, historically, as “nervous shock claims”) in a clinical negligence context. The Master of the Rolls gave the leading judgment, with which the Vice President and Nicola Davies LJ agreed.’

Full Story

Ropewalk Clinical Negligence Blog, 18th January 2022

Source: www.ropewalk.co.uk

BBC presenter hurt while playing role of ‘crash test dummy’ awarded £1.6m damages – The Independent

‘A television presenter has been awarded £1.6m in damages after he suffered brain and spine injuries while acting as a “crash test dummy” in a science programme. Jeremy Stansfield won a High Court battle with the BBC on Friday, with Dame Justice Amanda Yip ruling that the injuries he received in 2013 had derailed his “successful career in television” and restricted his enjoyment of life.’

Full Story

The Independent, 2nd October 2021

Source: www.independent.co.uk

Walkden v Drayton Manor Park – Emma Zeb looks at the recent High Court appeal – Gatehouse Chambers

‘The Claimant’s case was that he suffered severe psychiatric and back injuries on a cable car at the Defendant’s amusement park in 2014. Liability for the accident was admitted. Quantum claimed at £1.5million was in issue.’

Full Story

Gatehouse Chambers, 27th July 2021

Source: gatehouselaw.co.uk

Secondary Victims: Still Second-Class Claimants? – Ropewalk Clinical Negligence Blog

‘In King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB), the High Court once again demonstrated the difficulties faced by Claimants who suffer psychiatric conditions as a result of witnessing loved ones (in this case, a new-born baby) die in hospital.’

Full Story

Ropewalk Clinical Negligence Blog, 12th July 2021

Source: www.ropewalk.co.uk

Bus driver jailed for crashing double decker carrying 74 children into bridge – The Independent

‘A bus driver has been jailed after injuring 41 children by crashing a double-decker into a railway bridge.’

Full Story

The Independent, 10th July 2021

Source: www.independent.co.uk

Jamie King loses damages bid over Dunkirk role after son’s death – BBC News

‘Actor Jamie King has lost a High Court bid against an NHS trust after claiming he lost work, including a role in the film Dunkirk, after his son died.’

Full Story

BBC News, 17th June 2021

Source: www.bbc.co.uk

Jehovah’s Witnesses congregation vicariously liable – UK Human Rights Blog

Posted March 25th, 2021 in causation, news, psychiatric damage, rape, vicarious liability by sally

‘In The Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356, the Court of Appeal has offered further guidance on vicarious liability following Supreme Court decisions last year in VM Morrison Supermarkets PLC v Various Claimants [2020] UKSC 12 and Barclays Bank v Various Claimants [2020] UKSC 13.’

Full Story

UK Human Rights Blog, 25th March 2021

Source: ukhumanrightsblog.com

Secondary Victim Claims – Clinical Negligence and Proximity – No. 5 Chambers

‘On 5 February 2021, Master Cook handed down judgment in the case of Polmear and another v Royal Cornwall Hospitals NHS Trust [2021] EWHC 196 (QB), dismissing the Defendant’s application to strike out the claims and/or for summary judgment. He gave permission to appeal and made an order “leapfrogging” the appeal to the Court of Appeal, pursuant to CPR 53.23.’

Full Story

No. 5 Chambers, 8th February 2021

Source: www.no5.com

Personal Injury Newsletter – Exchange Chambers

‘In the February 2021 edition of the personal injury newsletter:

Tactical Management: Taking charge for claimants
As a claimant-only advocate, Bill Braithwaite QC explains exactly why he believes that lawyers who represent severely injured claimants should understand the importance of having complete control over the recovery, rehabilitation and litigation process.

Child’s Play: Gul v Mcdonagh ((2021) Ewhc 97)
Will Waldron QC considers the case of Gul v Mcdonagh ((2021) Ewhc 97), amongst others, in relation to the often tricky question of whether to concede some finding of contributory negligence in a case involving a child.

Second bite of the cherry? Abuse of process post-Poku
In this article, Helen Rutherford covers abuse of process in credit hire cases following Isaac Osei-Wusu Poku v Abedin.

Another Hurdle for Nervous Shock Claims
In Alcock v Chief Constable of South Yorkshire Police [1992] 1 AC 310, the House of Lords established 4 hurdles which a secondary victim must overcome in order to establish liability. Although a number of cases have tested the limits of these hurdles, an issue which has never previously been considered is whether a secondary victim must prove that his shock resulted from an appreciation that the primary victim is a loved one who had been or might have been involved in the incident. David Knifton QC considers this issue, with reference to the case of Young v Downey.’

Full Story

Exchange Chambers, February 2021

Source: lexlinks.exchangechambers.co.uk

Inquest rules heading heavy leather balls ‘a factor’ in death of Alan Jarvis – The Guardian

Posted October 16th, 2020 in employment, industrial injuries, inquests, news, psychiatric damage, sport by sally

‘A former Wales international footballer who developed dementia had died after heading heavy leather balls during his career, an inquest heard on Thursday.’

Full Story

The Guardian, 15th October 2020

Source: www.theguardian.com

Met police pay compensation to man fathered by undercover officer – The Guardian

Posted October 8th, 2020 in compensation, news, paternity, police, psychiatric damage, spying by tracey

‘Force pays confidential sum to man who discovered at the age of 26 that his father, Bob Lambert, was a police officer rather than a leftwing activist.’

Full Story

The Guardian, 7th October 2020

Source: www.theguardian.com

EP 121: Secondary Victim Claims update – Gideon Barth – Law Pod UK

Posted July 30th, 2020 in duty of care, hospitals, news, podcasts, psychiatric damage, third parties by sally

‘In Episode 119 Emma-Louise Fenelon speaks to Gideon Barth about secondary victim claims, and the recent case of Paul v Royal Wolverhampton NHS Trust.’

Full Story

Law Pod UK, 28th July 2020

Source: audioboom.com

Women launch group action over mesh implants – Litigation Futures

‘Another group action has gone live this week, with more than 250 women left permanently injured by mesh implant surgery suing a group of pharmaceutical giants.’

Full Story

Litigation Futures, 26th June 2020

Source: www.litigationfutures.com

Daughters’ psychiatric claims restored over witnessing of father’s death – Law Society’s Gazette

Posted June 18th, 2020 in causation, news, psychiatric damage, striking out, third parties by sally

‘The High Court has ruled it was wrong to strike out secondary victim claims from daughters who witnessed their father die after he was allegedly victim of clinical negligence.’

Full Story

Law Society's Gazette, 12th June 2020

Source: www.lawgazette.co.uk

Paul v Royal Wolverhampton NHS Trust [2020] EWHC 1415 (QB): A glimmer of hope for secondary victims? – St Philips Chambers

‘The law relating to secondary victims, who suffer psychiatric injury as a result of witnessing a shocking event, has long been an area of contention.’

Full Story

St Philips Chambers, 8th June 2020

Source: st-philips.com

‘Unrealistic’ appeals system fails prisoners who have been victims of abuse – report – The Guardian

‘One month window to challenge convictions in England and Wales means women who have experienced trauma are unfairly criminalised, campaigners say.’

Full Story

The Guardian, 17th June 2020

Source: www.theguardian.com