What effect can exaggeration have on your damages claim: strike out or percentage reduction in damages? – Zenith PI

Posted November 15th, 2017 in damages, news, psychiatric damage, striking out by tracey

‘The Court of Appeal considered the point in FLETCHER v KEATLEY (by his LF) [2017] EWCA Civ 1540 (a decision from 12.10.2017) and followed guidance in Summers v Fairclough Homes Ltd [2012] UKSC 26.’

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Zenith PI, 13th November 2017

Source: zenithpi.wordpress.com

Manchester attack: Arena payout for psychological injuries – BBC News

Posted November 10th, 2017 in compensation, news, psychiatric damage, terrorism, victims by tracey

‘Up to £3m from a fund for victims of the Manchester attack is to be given to those with psychological injuries.’

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BbC News, 9th November 2017

Source: www.bbc.co.uk

Is a mother giving birth a primary or secondary victim in a claim for negligent treatment? – Family Law

Posted September 20th, 2017 in birth, hospitals, negligence, news, personal injuries, psychiatric damage by sally

‘RE v Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB) involved a claim relating to negligent treatment during a child’s birth that resulted in the child suffering cerebral palsy (CP). The case also involved psychological injury claims for mother and grandmother (the father’s claim was discontinued).’

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Family Law, 19th September 2017

Source: www.familylaw.co.uk

I should not have posted photos of dead Grenfell victim on Facebook, jailed man admits – Daily Telegraph

Posted September 19th, 2017 in internet, news, photography, psychiatric damage, sentencing by tracey

‘A man who posted pictures of the body a victim of the Grenfell fire on Facebook has said he was “traumatised” at the time and regrets his actions. Omega Mwaikambo, 43, was jailed for three months for sharing the images and expressed his shock at receiving such a long sentence.’

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Daily Telegraph, 19th September 2017

Source: www.telegraph.co.uk

Connor Sparrowhawk mother attacks ‘barbaric’ treatment by tribunal – The Guardian

Posted August 29th, 2017 in bereavement, health, mental health, news, psychiatric damage, tribunals by tracey

‘The mother of a vulnerable teenager who suffered a seizure and drowned in a bath at an NHS care unit has called for an overhaul of medical tribunals, saying she felt “retraumatised” after participating in a two-week hearing into her son’s death.’

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The Guardian, 29th August 2017

Source: www.theguardian.com

BAE Systems (Operations) Ltd v Marion Konczak [2017] EWCA Civ 1188 – Blackstone Chambers

‘The Court of Appeal has today given important guidance on how to assess compensation in cases where a claimant’s injury has multiple causes. The decision will be of particular relevance to cases where an employer’s conduct acts in conjunction with other factors to cause psychiatric harm, such as stress at work or depression, to a vulnerable employee.’

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Blackstone Chambers, 31st July 2017

Source: www.blackstonechambers.com

Woman deceived by undercover officer accuses police of delaying lawsuit – The Guardian

‘A woman who is suing police after discovering that she had a sexual relationship with an undercover officer has accused police of using a variety of delaying tactics to obstruct her legal action.’

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The Guardian, 19th December 2016

Source: www.guardian.co.uk

Ex-child soldiers to sue UK firm that hired them to be mercenaries in Iraq – The Guardian

Posted November 18th, 2016 in armed forces, children, Iraq, news, psychiatric damage, security companies, Sierra Leone by sally

‘Two former child soldiers have threatened legal action against the private security company Aegis Defence Services over psychological harm they say they suffered when the company recruited them as adults to work as mercenaries in Iraq.’

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The Guardian, 18th November 2016

Source: www.guardian.co.uk

Solicitor who lost his practice cleared to sue CPS and police for malicious prosecution – Legal Futures

‘The High Court has given the green light to a solicitor to pursue claims against the Crown Prosecution Service (CPS) and South Wales Police (SWP) for malicious prosecution and misfeasance in public office.’

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Legal Futures, 15th November 2016

Source: www.legalfutures.co.uk

Compensation awarded for misuse of data processing powers – Panopticon

Posted October 18th, 2016 in compensation, data protection, news, police, psychiatric damage by sally

‘In my post on the TLT case last week, I mentioned a second recent judgment awarding compensation for a DPA breach. This is the judgment of the Central London County Court (HHJ Luba QC) in Andrea Brown v Commissioner of Police for the Metropolis and Chief Constable of Greater Manchester Police.’

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Panopticon, 17th October 2016

Source: www.panopticonblog.com

Police train to spot coercive or controlling behaviour – BBC News

‘Front-line police officers dealing with domestic abuse incidents are being trained to spot the signs of coercive or controlling behaviour. Research for the College of Policing suggested that officers were focusing on cases involving violence and overlooking other risk factors. Three unnamed police forces in England and Wales are taking part in a pilot scheme following the study.’

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BBC News, 21st September 2016

Source: www.bbc.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

Domestic violence concerns raised as new law against psychological abuse fails to come into effect – The Independent

Posted September 1st, 2016 in domestic violence, mental health, news, psychiatric damage by sally

‘Police forces in England and Wales are failing to take action on a new law against psychological abuse, it has been revealed, prompting concerns that domestic violence is not being targeted effectively.’

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The Independent, 31st August 2016

Source: www.independent.co.uk

The Simmons v Castle debate continues – Cloisters

‘Sarah Fraser Butlin considers the most recent EAT judgment on the issue in Olayemi v Athena Medical Centre.’

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Cloisters, 25th July 2016

Source: www.cloisters.com

Tricky quantum case that grapples with PI claims involving multiple tortfeasers and disputes between experts – Cloisters

‘William Latimer-Sayer QC considers the case of XP V Compensa Towarzystwo SA v Przeyslaw Bejger [2016] EWHC 1728 (QB) in which Whipple J had to grapple with a number of tricky quantum issues.’

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Cloisters, 25th July 2016

Source: www.cloisters.com

Myth buster: memories of trauma are engraved on the brain – Free Movement

Posted June 22nd, 2016 in asylum, immigration, mental health, news, psychiatric damage, refugees by sally

‘We tend to believe that the more important an experience, the more likely it is that it will be “engraved” on the brain. In the asylum system, this is maintained by decision makers who maintain the belief that a genuine victim of trauma will be particularly able to recall the traumatic event.’

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Free Movement, 21st June 2016

Source: www.freemovement.org.uk

Bailey v Devon NHS Trust – Tanfield Chambers

‘In Bailey v Devon Partnership NHS Trust the High Court accepted, on the particular facts, that the statutory duty to carry out a risk assessment directly informed the extent of the common law duty of care.’

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Tanfield Chambers, 26th May 2016

Source: www.tanfieldchambers.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

British man faces jail after keeping wife as a slave – The Independent

‘A Londoner who brought his Pakistani bride to the UK to use her as a slave and beat her so badly she tried to end her life faces jail.’

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The Independent, 27th March 2016

Source: www.independent.co.uk

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.’

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Nearly Legal, 24th February 2016

Source: www.nearlylegal.co.uk