100 former rugby league players start legal fight with RFL over brain injuries – The Guardian

Posted April 5th, 2023 in duty of care, news, personal injuries, sport by sally

‘Legal proceedings have been formally issued against the Rugby Football League on behalf of 100 former league players who contend the sport was negligent in failing to take reasonable action to protect them from serious brain injuries.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

Divorce reform: work finally begins on finances review – Law Society’s Gazette

‘Work has finally begun on a review of the laws governing finances on divorce – but a consultation on proposed reforms does not appear likely to emerge until 2025 at the earliest.’

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Law Society's Gazette, 4th April 2023

Source: www.lawgazette.co.uk

Civil Mediation – Becket Chambers

Posted April 5th, 2023 in chambers articles, civil justice, dispute resolution, news by sally

‘Many parties express an initial reluctance to engage in mediation as they think that mediation won’t be able to solve particular types of “personal” disputes, for example, probate claims where a dispute has arisen within a family about a Will or boundary disputes where neighbours are arguing about whether a fence or hedge is in the right place. They are also often concerned that offering to mediate will be seen by “the other side” as a sign of weakness or used against them if the matter does go to Court.’

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Becket Chambers, 22nd March 2023

Source: becket-chambers.co.uk

Court of Appeal re-affirms restrictions on use of expert evidence in Road Traffic Accident claims – 39 Essex Chambers

‘In Raspin v Taylor [2022] EWCA Civ 1613 the Court of Appeal re-affirmed the need for the limited use of expert reconstruction evidence in road traffic claims. The Court had originally advised upon restriction of such evidence in the case of Liddell v Middleton [1996] P.I.Q.R P36. Needless to say, over the next 25 years adherence to such guidance was not followed by the parties nor enforced by the lower courts on case management.’

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39 Essex Chambers, 14th March 2023

Source: www.39essex.com

Domestic abuse victims who do not live with abuser ‘to get better protection’ – The Independent

‘Domestic abuse victims who do not live with their abuser will receive better protection against threats and intimidation, the Government has announced.’

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The Independent, 5th April 2023

Source: www.independent.co.uk

The Proposed Changes to Panel Composition in the ET and the EAT – A Valuable Cost Saving Exercise, or an Erosion of Justice? – Parklane Plowden Chambers

Posted April 5th, 2023 in consultations, employment tribunals, news by sally

‘Sir Keith Lindblom, Senior President of Tribunals has in recent weeks launched a consultation paper seeking views on the proposals to potentially change the composition of ETs and the EAT, with a view to removing, or further reducing the use of lay members in all but the most complex cases. But what effect, if any, would this change have on the administration of justice?’

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Parklane Plowden Chambers, 8th March 2023

Source: www.parklaneplowden.co.uk

Associative indirect discrimination: a new class of claimant in discrimination law – 12 King’s Bench Walk Employment and Discrimination Blog

‘Employment practitioners will be aware of the significance of the European Court of Justice’s judgment in Coleman v Attridge. Prior to that decision, discrimination claims relating to disability (and age, sex and gender reassignment) could only be brought by a claimant who himself had the relevant protected characteristic.’

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12 King’s Bench Walk Employment and Discrimination Blog, 13th March 2023

Source: 12kbwemploymentlaw.wordpress.com

Statistics watchdog rebukes Sunak over inaccurate asylum backlog figures – The Guardian

Posted April 5th, 2023 in asylum, government departments, immigration, news, ombudsmen, refugees, statistics by sally

‘Rishi Sunak and his immigration minister have been scolded by the UK statistics watchdog for using inaccurate figures to back up spurious claims about asylum seekers.’

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The Guardian, 5th April 2023

Source: www.theguardian.com

Deported man extradited over reckless HIV infection jailed – BBC News

Posted April 5th, 2023 in deportation, extradition, HIV, immigration, imprisonment, news, sentencing by sally

‘A man who was deported for being in the UK illegally following an investigation into him infecting a woman with HIV has been jailed 14 years after the offence.’

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BBC News, 4th April 2023

Source: www.bbc.co.uk

Climate activist who allegedly held sign directed at jurors may be charged – The Guardian

‘A climate activist who allegedly held a sign outside court telling jurors they were entitled to find protesters not guilty based on their conscience may still face a criminal charge.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

Think Twice Before Making a Pre-Action Admission – Parklane Plowden Chambers

‘This case concerned a clinical negligence claim arising out of the death of Dr Oluyinka O Somoye. In short Dr Somoye attended the Defendant’s hospital for a myomectomy on 28/02/18 and was discharged by the treating doctors on 03/03/18. On 07/03/18 Dr Somoye returned to hospital with severe abdominal pain. She subsequently vomited faeces, collapsed, and suffered a fatal cardiac arrest.’

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Parklane Plowden Chambers, 3rd March 2023

Source: www.parklaneplowden.co.uk

Czernuska v King: Is Recklessness Required in Sporting Injury Cases? – Ropewalk Chambers

Posted April 5th, 2023 in chambers articles, damages, negligence, news, personal injuries, sport by sally

‘In Czernuszka v King [2023] EWHC 380 (KB), the Claimant, an amateur rugby player was tragically rendered paraplegic and wheelchair-dependent for the rest of her life. She claimed damages in negligence against the Defendant, who carried out the tackle which caused this injury.’

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Ropewalk Chambers, 31st March 2023

Source: ropewalk.co.uk

Report to set out details on compensation for victims of infected blood scandal – The Independent

‘Details on compensation for victims of the infected blood scandal is expected to be set out in a report.’

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The Independent, 5th April 2023

Source: www.independent.co.uk

The Thirteen Axioms of Fact-finding – Ropewalk Chambers

‘Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (judgment here) concerned a claim by the widow of Mr Brian Briggs, who died in 2017 after contracting mesothelioma. The Claimant brought a claim against one of her husband’s former employers, Drylined Homes Ltd (“DHL”). DHL had engaged Mr Briggs between approximately 1975 and 1979 to carry out “drylining”, namely putting up plasterboards during house construction.’

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Ropewalk Chambers, 1st March 2023

Source: ropewalk.co.uk

Liverpool school abuse: Survivors take legal action against council – BBC News

‘A group of former pupils who were subjected to sexual and physical abuse at a school have begun legal action against the council which ran it.’

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BBC News, 5th April 2023

Source: www.bbc.co.uk

Guide to UK online children’s code scope published – OUT-LAW.com

Posted April 5th, 2023 in bills, children, codes of practice, consultations, data protection, internet, news by sally

‘The growing focus of regulators on ensuring children are safe to use online services has been brought into sharp focus with recent actions of the UK’s data protection authority, a technology law expert has said.’

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OUT-LAW.com, 4th April 2023

Source: www.pinsentmasons.com

Mother and partner convicted over death of Lola James, two, in Wales – The Guardian

‘A mother and her partner face jail after being convicted over the death of a two-year-old girl who suffered horrific injuries in an attack at the family home.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

Grooming gangs and ethnicity: What does the evidence say? – BBC News

‘The prime minister says victims of grooming gangs have been ignored because of political correctness.’

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BBC News, 4th April 2023

Source: www.bbc.co.uk

High-Value NIHL Claims: Application of the Ogden Tables – Ropewalk Chambers

‘A former Royal Marine was medically discharged at the age of 29 years with noise-induced hearing loss (“NIHL”) and tinnitus sustained after training exercises. Primary liability was admitted.’

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Ropewalk Chambers, 28th March 2023

Source: ropewalk.co.uk

TikTok fined £12.7m for illegally processing children’s data – The Guardian

Posted April 5th, 2023 in children, data protection, fines, internet, news, ombudsmen by sally

‘TikTok has been fined £12.7m for illegally processing the data of 1.4 million children under 13 who were using its platform without parental consent, Britain’s data watchdog said.’

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The Guardian, 4th April 2023

Source: www.theguardian.com