personal injuries – Page 20 – Current Awareness

Clinical Negligence: Birth Injury Claim – Park Square Barristers

Posted April 20th, 2020 in birth, chambers articles, children, compensation, damages, hospitals, negligence, news, personal injuries, pregnancy by sally

‘Clinical negligence litigation continues apace as Simeon Maskrey QC, sitting as a Deputy High Court Judge, handed down Judgment last week in a clinical negligence birth injury case (severe neuro-disability consequent upon an acute near total hypoxic-ischaemic insult) following a two-week trial which concluded early last month. This case highlights the ever-increasing importance placed on a patient’s right to autonomy in the decision-making process and the need to ensure that any information provided, including as to the risks to themselves and their baby, is properly understood and appreciated (Montgomery v Lanarkshire Health Board [2015] UKSC 1 considered).’

Park Square Barristers, 16th April 2020

Source: www.parksquarebarristers.co.uk

Noise Induced hearing loss: De minimis, the better hearing ear and acceleration injuries – Parklane Plowden

Posted April 20th, 2020 in chambers articles, damages, employment, industrial injuries, news, noise, personal injuries by sally

‘This article will discuss the first instance decision of DJ Adams in the case of French v Secretary of State for Business, Energy and Industrial Strategy heard in Newcastle County Court on noise-induced hearing loss.’

Parklane Plowden, 1st April 2020

Source: www.parklaneplowden.co.uk

Judges call for review of costs rules after QOCS judgment – Law Society’s Gazette

Posted April 17th, 2020 in accidents, appeals, compensation, costs, news, part 36 offers, personal injuries by sally

‘Judges in the Court of Appeal have urged rule-makers to look again at the nuances of qualified one-way costs shifting after a judgment over whether a defendant could set off their costs liability against the claimant.’

Law Society's Gazette, 16th April 2020

Source: www.lawgazette.co.uk

Package Travel and Educational Institutions – 39 Essex Chambers

Posted April 17th, 2020 in accidents, chambers articles, compensation, education, holidays, interpretation, news, personal injuries, universities by sally

‘Is a field trip provided by a university to undergraduates as part of a degree course a package tour? The court considered the question in McCulloch v University of Leicester (HHJ Hedley, 27 February 2020).’

39 Essex Chambers, 8th April 2020

Source: www.39essex.com

On The Move – Ropewalk Chambers

Posted April 17th, 2020 in appeals, chambers articles, data protection, doctors, employment, news, personal injuries, sexual offences, Supreme Court, vicarious liability by sally

‘On the inauspicious April Fool’s Day, the Supreme Court brought a stop to the expanding course of the law of vicarious liability in two decisions which bear careful consideration and will have a significant impact on the scope for liability in the law of tort generally, beyond the particular contexts of sexual abuse and data protection litigation.’

Ropewalk Chambers, 14th April 2020

Source: www.ropewalk.co.uk

The Rise and Fall of Subtle Brain Injury – Rope Walk Chambers

Posted April 2nd, 2020 in chambers articles, news, personal injuries, psychiatric damage by sally

‘Andrew Hogan gives his insight into the Rise and Fall of Subtle Brain Injury in his latest Personal Injury Update.’

Rope Walk Chambers, 1st April 2020

Source: www.ropewalk.co.uk

The choice of experts in Catastrophic and Severe Brain Injury – Exchange Chambers

Posted April 1st, 2020 in chambers articles, expert witnesses, news, personal injuries, psychiatric damage by sally

‘In this article I will examine the issues surrounding the choice of experts in catastrophic brain injury claims. I will write about what experts are reasonably required and in what order the experts should be instructed. We will look at the various expertise available and just what it is they do and how they can help the Court to resolve the issues.’

Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

PI industry protocol aims to prevent Covid-19 game-playing – Litigation Futures

Posted March 25th, 2020 in civil procedure rules, coronavirus, insurance, limitations, news, personal injuries, time limits by sally

‘A protocol aimed at cutting out opportunistic tactics by either claimants or defendants in personal injury (PI) cases during the Covid-19 pandemic has been unveiled by leading claimant firm Thompsons and the Association of British Insurers (ABI).’

Litigation Futures, 25th March 2020

Source: www.litigationfutures.com

Paralegal banned for settling PI claim without authority – Litigation Futures

Posted March 23rd, 2020 in disciplinary procedures, news, paralegals, personal injuries, professional conduct, Solicitors Regulation Authority by sally

‘A personal injury paralegal who settled his client’s claim without her authority for less than counsel had advised, and then misled her into retrospectively agreeing, has been banned from the profession.’

Litigation Futures, 20th March 2020

Source: www.litigationfutures.com

No whiplash rules until May as clock ticks down to launch – Legal Fututes

Posted March 17th, 2020 in civil procedure rules, Ministry of Justice, Motor Insurers’ Bureau, news, personal injuries by sally

‘Personal injury law firms and insurers look unlikely to have sight of the new rules governing the whiplash portal until May as they were not signed off at this month’s meeting of the Civil Procedure Rule Committee (CPRC), it has emerged.’

Legal Futures, 17th March 2020

Source: www.legalfutures.co.uk

Dishonesty “doesn’t need to persist” to be fundamental – Litigation Futures

Posted March 16th, 2020 in accidents, compensation, damages, deceit, fundamental dishonesty, news, personal injuries by sally

‘A recorder was wrong to find that a personal injury claimant was not fundamentally dishonest because he did not persist with his dishonesty, the High Court has decided.’

Litigation Futures, 16th March 2020

Source: www.litigationfutures.com

Defendant sentenced after being caught on CCTV injuring himself to claim against housing association – Local Government Lawyer

Posted March 11th, 2020 in accidents, closed circuit television, compensation, fraud, housing, insurance, news, personal injuries, sentencing by sally

‘A man has been sentenced after CCTV caught him purposely banging his knee five times on a paving stone in order to make a fake injury claim against a housing association.’

Local Government Lawyer, 10th March 2020

Source: www.localgovernmentlawyer.co.uk

MoJ: Three months is enough to prepare for whiplash reforms – Legal Futures

Posted March 3rd, 2020 in accidents, civil procedure rules, dispute resolution, electronic filing, Ministry of Justice, news, personal injuries, road traffic by sally

‘Three months should be enough time for personal injury law firms and defendant insurers to be ready for the whiplash reforms, the government official leading the work said yesterday.’

Legal Futures, 3rd March 2020

Source: www.legalfutures.co.uk

Supreme Court refuses MIB permission to appeal in landmark case establishing liability for accidents on private land – Exchange Chambers

Posted March 3rd, 2020 in accidents, appeals, EC law, Motor Insurers’ Bureau, news, personal injuries, Supreme Court by sally

‘On 13.2.20 the Supreme Court (Lord Reed (President), Lady Arden and Lord Hamblen JJSC) refused the MIB’s application for permission to appeal against a finding that it was directly liable under EU law for injuries sustained by a pedestrian who was struck by an uninsured vehicle on private land. At the same time, it concluded that it was not necessary to refer the case for any ruling by the Court of Justice of the European Union. As a result, David Knifton QC (who acted for the Claimant) explains, the MIB has exhausted all avenues of appeal, and will have to meet Mr Lewis’s claim for the catastrophic injuries he suffered.’

Exchange Chambers, 20th February 2020

Source: www.exchangechambers.co.uk

County Court considers costs rules in personal injury case (Khan v Aviva Insurance Ltd) – Hardwicke Chambers

Posted March 3rd, 2020 in civil procedure rules, costs, county courts, damages, news, personal injuries by sally

‘Practitioners will be familiar with cases where costs are assessed according to the principles applicable in different tracks. In such circumstances, Khan v Aviva is of practical assistance by reaffirming the court’s general discretion to award issue-based costs, despite the presence of more restrictive costs regimes. The case therefore provides a helpful route to resisting adverse costs orders.’

Hardwicke Chambers, 21st February 2020

Source: hardwicke.co.uk

Claimant who exited portal by error avoids fixed costs – Litigation Futures

Posted February 28th, 2020 in accidents, civil procedure rules, compensation, costs, news, personal injuries by sally

‘A costs judge was entitled to find that a case that erroneously exited the portal would have done so legitimately at some stage and so the claimant was entitled to regular, rather than fixed, costs, the High Court has ruled.’

Litigation Futures, 27th February 2020

Source: www.litigationfutures.com

Whiplash reforms delayed as MoJ removes claimants’ safety net – Law Society’s Gazette

Posted February 28th, 2020 in accidents, compensation, delay, internet, Ministry of Justice, news, personal injuries, road traffic by sally

‘Justice secretary Robert Buckland QC MP has finally confirmed that the RTA portal for whiplash claims is being delayed.’

Law Society's Gazette, 27th February 2020

Source: www.lawgazette.co.uk

Roundheads and Cavaliers – Ropewalk Chambers

Posted February 26th, 2020 in accidents, chambers articles, compensation, landlord & tenant, news, personal injuries by sally

‘One issue that arises from time to time in personal injury litigation is the question of whether an injured claimant must look to the tenant or landlord of premises where she sustained her injury in order to seek redress through a personal injury claim.’

Ropewalk Chambers, February 2020

Source: www.ropewalk.co.uk

Cyclist settles case for £30,000 after hitting pedestrian who was looking at phone – The Guardian

Posted February 25th, 2020 in bicycles, compensation, costs, news, personal injuries by sally

‘A cyclist who knocked over a woman who was looking at her mobile phone while crossing a road and was then threatened with financially ruinous legal costs has settled the case.’

The Guardian, 24th February 2020

Source: www.theguardian.com

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