Tafida Raqeeb: family to fight NHS in court in effort to save daughter – The Guardian

Posted August 7th, 2019 in children, doctors, families, hospitals, medical treatment, news, personal injuries by tracey

‘The family of a seriously ill five-year-old girl are taking on an NHS trust in court to try to force doctors to release her for what they believe would be life-saving treatment abroad.’

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The Guardian, 6th August 2019

Source: www.theguardian.com

Pensioner loses arm after catching flesh-eating bug at pilates class, as High Court rules she is entitled to compensation from NHS – Daily Telegraph

Posted August 2nd, 2019 in damages, negligence, news, paramedics, personal injuries by tracey

‘A pensioner who lost her arm after catching a flesh-eating bug at church hall pilates class has won her claim in negligence against the NHS at the High Court.’

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Daily Telegraph, 1st August 2019

Source: www.telegraph.co.uk

Gauke sets new discount rate at -0.25% – Litigation Futures

Posted July 15th, 2019 in compensation, indexation, insurance, interest, news, personal injuries by tracey

‘Lord Chancellor David Gauke announced this morning that he is to change the personal injury discount rate from -0.75% to -0.25%, a lower figure than was widely anticipated.’

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Litigation Futures, 15th July 2019

Source: www.litigationfutures.com

Whiplash Portal – “Vulnerable” Parties to be Exempt (At Least to Begin With) – Zenith PI Blog

‘The new whiplash portal is due to launch in the spring of 2020. It is likely to cover injuries arising from accidents occurring after 6th April.’

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Zenith PI Blog, 9th July 2019

Source: zenithpi.wordpress.com

Revealed: Children to be exempt from whiplash portal – for now – Legal Futures

‘Children and protected parties are to be exempt from the increase in the small claims limit and the new whiplash portal – at least for now – Legal Futures can reveal.’

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Legal Futures, 8th July 2019

Source: www.legalfutures.co.uk

Tribunal rejects paralegal’s disability discrimination claim – Legal Futures

‘An employment tribunal has comprehensively rejected a disability discrimination claim brought by a paralegal who worked for well-known personal injury firm Ralli.’

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Legal Futures, 5th July 2019

Source: www.legalfutures.co.uk

When is a Highway “Maintainable at Public Expense”? – Zenith PI Blog

‘The claimant brought an action against the defendant for personal injury following a tripping incident on a path in Abram Park, Wigan. At trial the judge found that the path was in a dangerous and defective state but also found that the path was not a highway “maintainable at public expense” for the purposes of section 36 of the Highways Act 1980 and as such the defendant did not owe a duty under section 41 of the Act.’

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Zenith PI Blog, 28th June 2019

Source: zenithpi.wordpress.com

CA recognises importance of solicitors’ cash flow in med neg cases – Litigation Futures

Posted July 5th, 2019 in birth, costs, negligence, news, personal injuries, solicitors by sally

‘The Court of Appeal has recognised the cash flow pressures of funding complex litigation in rejecting an application to appeal a ruling granting a law firm an interim costs payment.’

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Litigation Futures, 3rd July 2019

Source: www.litigationfutures.com

St Helens woman scalped and lost ear and thumb in factory machine – BBC News

Posted July 3rd, 2019 in fines, health & safety, industrial injuries, news, personal injuries by sally

‘A woman was scalped and had her thumb amputated after her hair was trapped in a machine at a flooring and mouldings factory, a court has heard.’

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BBC News, 2nd July 2019

Source: www.bbc.co.uk

“Under pressure” lawyer misled court after amending attendance note – Legal Futures

‘A defendant personal injury lawyer who inaccurately recorded a telephone conversation with the other side in an attendance note – which led to the court being misled – has been fined.’

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Legal Futures, 3rd July 2019

Source: www.legalfutures.co.uk

Re-opening final decisions of police injury benefit determinations – UK Police Law Blog

‘In R (Boskovic) v Chief Constable of Staffordshire [2019] EWCA Civ 676, the Court of Appeal had to resolve apparently conflicting High Court decisions on two separate questions arising from the application of the Police (Injury Benefit) Regulations 2006. This blog post considers the implications for police pension authorities who are asked to agree to re-open a final decision, thereby avoiding the need for an appeal to the Police Medical Appeal Board, or a judicial review claim.’

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UK Police Law Blog, 2nd July 2019

Source: ukpolicelawblog.com

Property damage “will be covered” by whiplash regime – Legal Futures

‘The whiplash portal for litigants in person will cover claims for property damage, in addition to personal injury and uninsured losses, the Motor Insurers Bureau (MIB) has confirmed.’

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Legal Futures, 2nd July 2019

Source: www.legalfutures.co.uk

Anger with MoJ over whiplash reforms begins to boil over – Legal Futures

‘Both the claimant and defendant representatives have expressed frustration with the progress of the government’s whiplash reforms, and doubted it will be ready for April 2020 as planned.’

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Legal Futures, 26th June 2019

Source: www.legalfutures.co.uk

Regulator considers cap on fees charged by personal injury CMCs – Legal Futures

Posted June 25th, 2019 in claims management, fees, financial regulation, news, personal injuries by sally

‘The Financial Conduct Authority (FCA) is to explore whether to use its power to cap the fees charged by personal injury claims management companies (CMCs), it has emerged.’

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Legal Futures, 24th June 2019

Source: www.legalfutures.co.uk

Senior HSBC banker wins compensation from hairdresser who burned her head during blow dry – Daily Telegraph

Posted June 21st, 2019 in damages, news, personal injuries by tracey

‘A senior HSBC banker who was burned on the head by a hairdresser during a wash and blow dry has won thousands in compensation after she said it left her being mocked by colleagues.’

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Daily Telegraph, 20th June 2019

Source: www.telegraph.co.uk

Woman knocked down while on phone wins payout from cyclist -The Guardian

Posted June 19th, 2019 in bicycles, damages, news, personal injuries by tracey

‘A woman who was knocked unconscious by a cyclist will be awarded compensation, despite a judge finding she had stepped into the road while looking at her phone.’

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The Guardian, 18th June 2019

Source: www.theguardian.com

Defective service and “technical game playing”: Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 – Zenith PI

‘Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 is the latest procedural skirmish in the ongoing battle between Claimants and Defendants. Following on from the Supreme Court’s judgment in Barton v Wright Hassall LLP [2018] UKSC 12, it is an important reminder – if any were needed – that Claimants must be familiar with the rules on service of claim forms, and with the other side’s procedural stance.’

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Zenith PI, 17th June 2019

Source: zenithpi.wordpress.com

Insurers agree to be bound by ADR in new whiplash system – Legal Futures

‘Defendant insurers have agreed to be bound by the outcome of the alternative dispute resolution (ADR) process being built into the new whiplash system, it has emerged.’

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Legal Futures, 13th June 2019

Source: www.legalfutures.co.uk

Supreme Court gives new guidance on liability of local authorities – UK Human Rights Blog

‘Poole Borough Council v GN and another [2019] UKSC 25. The Supreme Court has found that Poole Borough Council did not owe a duty of care to two children, CN and GN, who it failed to re-house, despite the fact that they were suffering abuse from their neighbours. However, the court overruled previous authority and found that in some situations a duty of care might arise.’

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UK Human Rights Blog, 7th June 2019

Source: ukhumanrightsblog.com

MIB has to pay out for injury suffered on private land, says CA – Litigation Futures

‘The Court of Appeal has upheld a ruling that the Motor Insurers Bureau (MIB) has to pay compensation to a man injured by an uninsured vehicle, even though it was on private land.’

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Litigation Futures, 5th June 2019

Source: www.litigationfutures.com