‘Tom Bourne-Arton reviews the relatively recent case of Richins v Birmingham Women’s and Children’s NHS Foundation Trust [2022] EWHC 847 (QB) in which HHJ Kelly had to consider, amongst other matters, whether it was appropriate to apply “Claimant benevolence” otherwise known as “Keefe benevolence” when determining causation.’
Farrar's Building, 4th May 2022
Source: www.farrarsbuilding.co.uk
‘The Queen’s speech 2022 has confirmed what has been widely anticipated by the media and the legal sector – e-scooters will now become a permanent feature on public roads and new legislation is expected under the Transport Bill.’
Guildhall Chambers, 12th May 2022
Source: www.guildhallchambers.co.uk
‘The Court of Appeal has revived an acoustic shock claim after a finding that the defendant’s evidence was incorrect and the judge was considering the wrong issue.’
Law Society's Gazette, 5th May 2022
Source: www.lawgazette.co.uk
‘On 11 April, the Judicial College published the 16th edition of its guidelines to the assessment of general damages in personal injury cases. The previous edition was published in November 2019. These guidelines were first published in 1992 and provide a critical tool for practitioners and the courts. They rely heavily on reported decisions, covering categories as diverse as injuries caused by death, chronic pain, dermatitis and other skin conditions. The higher awards are to be found in chapters 2 and 3, tetraplegia and head injury, where the ranges in the top bracket are £324,600 to £403,990 and £282,010 to £403,990 respectively. Total blindness and deafness attracts an award in the region of £403,990, while minor injuries “where there is a complete recovery within seven days” are valued at “a few hundred pounds to £690”.’
Law Society's Gazette, 4May 2022
Source: www.lawgazette.co.uk
‘A no-fault compensation scheme for medical negligence should be introduced in England, replacing the “grossly expensive” existing system based on individual blame, MPs have said.’
Legal Futures, 28th April 2022
Source: www.legalfutures.co.uk
‘A deputy master could hand down her judgment on a case that had been heard but settled the day before she was due to circulate a draft judgment striking out the claims.’
Legal Futures, 20th April 2022
Source: www.legalfutures.co.uk
‘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
‘An artist who wanted around £30 million damages after suffering a serious head injury when he was hit by a stolen motorcycle more than six years ago has been awarded about £3 million by a High Court judge.’
The Independent, 14th April 2022
Source: www.independent.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
‘A former police officer who feigned injury and claimed almost £150,000 from the force has been found guilty of gross misconduct.’
BBC News, 11th April 2022
Source: www.bbc.co.uk
‘The decision of Anthony Metzer QC (sitting as a Deputy High Court Judge) in Natasha Palmer v Seferif Mantas and Liverpool Victoria Insurance Co. Ltd [2022] EWHC 90 (QB) provides a helpful analysis of the interplay between a Smith v Manchester award of general damages for disadvantage on the open labour market and a future loss of earnings claim calculated on a multiplier / multiplicand basis.’
Exchange Chambers, 31st March 2022
Source: www.exchangechambers.co.uk
‘Alice Dobbie considers how credibility was approached by the courts in two recent cases: Cojanu v Essex Partnership University NHS Trust [2022] EWHC 197 and Palmer v Mantas and LV Insurance [2022] EWHC 90.’
Exchange Chambers, 31st March 2022
Source: www.exchangechambers.co.uk
‘The law in slipping cases is, in theory, settled and straightforward. One question that often arises in practice, however, is whether the defendant bears an evidential burden of proving that it had in place a proper and adequate system. It is a misconception that say that such a burden always arises in this context.’
Ropewalk Chambers, 23rd March 2022
Source: www.ropewalk.co.uk
‘The Ministry of Justice (MoJ) today unexpectedly published its response to part 2 of the whiplash consultation which closed in January 2017, with no proposals for any immediate reform.’
Legal Futures, 22nd March 2022
Source: www.legalfutures.co.uk
‘A former teaching assistant has been awarded a six-figure payout after suing her bosses over an attack by a five-year-old who was “big for his age”.’
Daily Telegraph, 22nd March 2022
Source: www.telegraph.co.uk
‘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.’
The Independent, 9th March 2022
Source: www.independent.co.uk
‘As lawyers representing parties in clinical negligence cases, we will often encounter scenarios where the injured party has been involved in a road traffic accident or an accident at work and subsequently seeks medical assistance for the purpose of treating their injuries. As a result of negligent medical treatment, the Claimant’s injuries are aggravated, or further injury is suffered. In such circumstances, there may be multiple potential Defendants to any legal claim.’
Ropewalk Clinical Negligence Blog, 17th February 2022
Source: www.ropewalk.co.uk
‘Small law firms could end up “falling or stepping away” from the clinical negligence market if fixed recoverable costs (FRC) for cases worth less than £25,000 are set too low, a report has warned.’
Legal Futures, 22nd February 2022
Source: www.legalfutures.co.uk
‘Those harmed by the NHS will “have to pay again by losing access to justice” as a result of government plans to introduce fixed costs, campaigners have claimed.’
Legal Futures, 1st February 2022
Source: www.legalfutures.co.uk
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