‘Trafficking victims are being turned down for compensation in a “horrendous and clear failing”, the anti-slavery commissioner has said, after new figures showed how few people can access support.’
The Independent, 23rd July 2024
Source: www.independent.co.uk
‘A rare case on the duty of a local council not to cause psychiatric injury to a cab driver applying for a licence has culminated this week in the authority obtaining a charging order on the driver’s home.’
Law Society's Gazette, 2nd May 2024
Source: www.lawgazette.co.uk
‘In Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), Ritchie J found that, despite the Claimant having sustained serious injuries, which would have warranted damages of almost £600,000, that she had been fundamentally dishonest. This resulted in the entirety of her claim being dismissed under s57 of the Criminal Justice & Courts Act 2015 (‘CJCA 2015’).’
39 Essex Chambers, 16th April 2024
Source: www.39essex.com
‘Jessica Muurman, pupil barrister at 12KBW, analyses the recent judgment in R (Criminal Injuries Compensation Authority) v First-tier Tribunal v GHI [2024] UKUT 3 (ACC), which concerns the Criminal Injuries Compensation Scheme 2012 and its interaction with ‘Daisy’s Law’ in the Victims and Prisoners Bill.’
12KBW Personal Injury Law Blog, 10th April 2024
Source: pilawblog.com
‘A victim of Gary Glitter is seeking around half a million pounds in her compensation claim against the paedophile former pop star over the psychiatric damage she suffered as a result of his abuse.’
The Independent, 27th March 2024
Source: www.independent.co.uk
‘More than 30 current and former Metropolitan Police officers are suing the force “for personal injury and losses following their role in the Grenfell Tower fire”, it says.’
BBC News, 10th March 2024
Source: www.bbc.co.uk
‘The Supreme Court has ruled out claims for physicatric harm suffered by family members witnessing death or serious injury as a result of medical negligence. Rosalind English talks to Judith Rogerson of 1 Crown Office Row about the implication of this ruling.’
Law Pod UK, 1st February 2024
Source: audioboom.com
‘Lord Briggs, Liability for Mental Injury, Chichester University Lecture.’
Supreme Court, 19th January 2024
Source: www.supremecourt.uk
‘In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and, if so, when) an individual can make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence. In dismissing the three conjoined appeals, a majority of the Supreme Court held that, while doctors owe a duty of care to protect the health of their patients, they do not owe a duty of care to members of the patient’s close family to protect them against the risk of illness from the experience of witnessing the death or medical crisis of their relative from a condition which the doctor has negligently failed to diagnose or treat.’
Mental Capacity Law and Policy, 11th January 2024
‘Victims of sexual violence in England and Wales are facing waits of up to two and a half years for counselling, help with the legal system and trauma therapy, according to figures obtained by the Observer.’
The Guardian, 16th July 2023
Source: www.theguardian.com
‘A support scheme set up for Church of England abuse survivors risks re-traumatising victims, a report seen by the BBC has concluded.’
BBC News, 1st June 2023
Source: www.bbc.co.uk
‘A woman has been paid damages by an NHS trust after developing post-traumatic stress disorder when a mortuary allowed her son’s body to decompose to such an extent that relatives were advised not to view it, the Guardian can reveal.’
The Guardian, 12th February 2023
Source: www.theguardian.com
‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’
Exchange Chambers, 22nd December 2022
Source: www.exchangechambers.co.uk
‘Keoghs recently wrote about their triple success in defeating claims for psychological injury arising out of road traffic accidents. The common denominator of the three claims was that each of the Claimants sought to rely upon the medical evidence of a specific Consultant Psychologist. Sharan Sanghera acted for the Defendant in one of those Claims, her comment on the case appears below.’
3PB, 13th December 2022
Source: www.3pb.co.uk
‘A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.’
Local Government Lawyer, 7th October 2022
Source: www.localgovernmentlawyer.co.uk
‘Both s. 13 of the Data Protection Act 1998 (“DPA 98”) and Art. 82 of the General Data Protection Regulation (“GDPR”) provide an individual with a right to compensation where she suffers material or non-material damage (including distress) – see Google Inc v Vidal-Hall [2015] EWCA Civ 311 and s. 168 of the Data Protection Act 2018 (“DPA 18”) as a result of infringements of the data protection principles contained in the respective legislative schemes. The DPA 98 applies to data breaches occurring before 23 May 2018 whilst the GDPR, as supplemented by DPA 18, applies to breaches occurring on or after that date. After the end of the post-Brexit implementation period on 31 January 2020 the UK GDPR applies.’
Ropewalk Chambers, 26th July 2022
Source: www.ropewalk.co.uk
‘A legal case involving a group of rugby players diagnosed with early-onset dementia and other irreversible neurological impairments now looks destined for the courts. Proceedings are to be issued by Rylands Law on behalf of a group of professional and semi-professional players against World Rugby, the Rugby Football Union and the Welsh Rugby Union.’
The Guardian, 25th July 2022
Source: www.theguardian.com
‘A teacher who was assaulted by a student has been awarded £850,000 in compensation following a personal injury claim, his union has reported.’
Local Government Lawyer, 19th April 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
The Guardian, 14th April 2022
Source: www.theguardian.com
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