Dog-walking Dorset Police officer faked injury for £150k – BBC News
‘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
Category: personal injuries
Future loss of earnings or Smith v Manchester? – Exchange Chambers
‘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
Credibility: A divisible concept? – Exchange Chambers
‘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
Slipping Claims and Evidential Burdens – Ropewalk Chambers
‘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
MoJ finally responds to part 2 of whiplash consultation – five years on – Legal Futures
‘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
Teaching assistant attacked by five-year-old who was ‘big for his age’ wins six-figure payout – Daily Telegraph
‘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
Widow ‘mourned at wrong grave for 27 years after husband’s ashes secretly given to his mother’ – The Independent
‘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
Causation and Intervening Medical Treatment – Ropewalk Clinical Negligence Blog
‘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
Clin neg costs reforms “could lead to exodus” of small law firms – Legal Futures
‘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
“Injured people will suffer twice” – furious reaction to clin neg fixed costs – Legal Futures
‘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
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.’
UK Human Rights Blog, 20th January 2022
Source: ukhumanrightsblog.com
Carriageways, footways and standards of maintenance – Local Government Lawyer
‘Shaun O’Neil and Nicola Hyam report on a recent case where a claimant sought to argue that a village road in the Lakes should have been maintained to the standards of a footway.’
Local Government Lawyer, 14th January 2022
Source: www.localgovernmentlawyer.co.uk
Medical negligence claims process can be “inhumane experience” – Legal Futures
‘Making claims against the NHS can be “a difficult, and in some cases inhumane, experience”, with the worst cases seeing staff trying to “proactively cover up” errors and even fabricating medical records, a report has found.
However, in other cases they were “very upfront about what had gone wrong” and consultants recommended taking legal action, according to research for the Association of Personal Injury Lawyers (APIL).’
Legal Futures, 12th January 2022
Source: www.legalfutures.co.uk
Television producer cleared of deliberately causing car to crash into his bike – The Independent
‘A television producer has been cleared of deliberately causing a car to crash into the back of his bike in a case described as “unique and bizarre” by his celebrity lawyer.’
The Independent, 6th January 2022
Source: www.independent.co.uk
Records vs Recollections: HTR v Nottingham University Hospitals NHS Trust – Ropewalk Clinical Negligence Blog
‘What approach should the court take when there is a fundamental dispute of fact between an individual’s recollection given in witness evidence and contemporaneous medical records? This was the issue in the trial of HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB), heard by Cotter J between 5 and 7 October 2021. The case will be of interest to clinical negligence practitioners following the judge’s preference of the Claimant’s mother’s witness evidence about matters that occurred 17 years earlier, despite the existence of a medical note made at the time which appeared to directly contradict that evidence.’
Ropewalk Clinical Negligence Blog, 7th December 2021
Source: www.ropewalk.co.uk
Ex-Fat Duck pastry chef sues for £200k over RSI claims – The Guardian
‘A former pastry chef at Heston Blumenthal’s Fat Duck restaurant has claimed she was left with crippling repetitive strain injury from placing sweets into bags using tweezers and hand-making chocolate playing cards and about 550 whisky wine gums a day, court documents show.’
The Guardian, 13th December 2021
Source: www.theguardian.com
Exaggerations and fundamental dishonesty – Local Government Lawyer
‘Adrian Neale considers the question of when a claimant’s exaggeration of injury can be said to be deliberate and dishonest, following a recent appeal brought by a local authority.’
Local Government Lawyer, 3rd December 2021
Source: www.localgovernmentlawyer.co.uk
Paralysed jockey Freddy Tylicki sues rider Graham Gibbons for £6m over fall – BBC News
‘Former Flat jockey Freddy Tylicki’s £6m negligence claim against fellow rider Graham Gibbons has begun in the High Court.’
BBC News, 29th November 2021
Source: www.bbc.co.uk
