‘Justice Secretary David Gauke today spoke of his pride in a department “delivering real change”, after 3 important justice bills all became law on the same day (20 December 2018).’
Ministry of Justice, 20th December 2018
Source: www.gov.uk/government/organisations/ministry-of-justice
‘From our perspective, the first step should be to understand how competent medical professionals protect the patient against the risk of VTE. One starting point is to understand the control of VTE risk in patients admitted to hospital, although of course other primary care providers (GPs) have a corresponding duty to be alert to the risk of VTE within their practice.’
No. 5 Chambers, 3rd December 2018
Source: www.no5.com
‘In County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against the Claimant such that any orders for costs made against him cannot be enforced. There are currently two contradictory cases on this point.’
No. 5 Chambers, 19th November 2018
Source: www.no5.com
‘The Ministry of Justice (MoJ) has issued a call for evidence on the new personal injury discount rate to be set under what will soon be the Civil Liability Act.’
Litigation Futures, 10th December 2018
Source: www.litigationfutures.com
‘Emma-Louise Fenelon talks with 1 Crown Office Row’s Suzanne Lambert about a recent High Court decision – YAH v Medway NHS Foundation Trust which addressed the issue of claims brought as a result of psychiatric harm arising out of childbirth.’
Law Pod UK, 3rd December 2018
Source: audioboom.com
‘I recently represented a claimant at trial in relation to a personal injury claim arising out of a road traffic accident. The defendant indicated an intention to pursue a finding of fundamental dishonesty. There were certain aspects of the evidence that might have led to such a finding, but such an outcome was far from certain.’
Zenith PI, 30th November 2018
Source: zenithpi.wordpress.com
‘There is no implied sanction for failing to serve a medical report, the High Court has ruled, reinstating a complex personal injury claim which had been struck out.’
Litigation Futures, 29th November 2018
Source: www.litigationfutures.com
‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causadefence.’
Zenith PI, 26th November 2018
Source: zenithpi.wordpress.com
‘Speech by Lord Justice Irwin : Personal Injury Bar Association Annual Lecture.’
Courts and Tribunals Judiciary, 16th November 2018
Source: www.judiciary.uk
‘The government should only reject peers’ advice about the use of secondary legislation to enact key parts of legislation like the Civil Liability Bill if there are “clear and compelling reasons”, the House of Lords constitution committee said today.’
Legal Futures, 20th November 2018
Source: www.legalfutures.co.uk
‘A civil engineer is suing British Airways for damages of up to £10,000 after he sat next to a passenger so “obese” it left him “pinned to the side of the cabin”.’
Daily Telegraph, 15th November 2018
Source: www.telegraph.co.uk
‘A woman left paralysed after being “catapulted” from her new bed during sex has lost a seven-figure damages claim.’
BBC News, 9th November 2018
Source: www.bbc.co.uk
‘The legal test in considering a breach of s41 remains to be found in James v Preseli Pembrokeshire DC [1993] PIQR P114 and Jones v Rhondda Cynon Taff CBC [2008] EWCA Civ 1497. Whilst the appellant was successful on the basis two pieces of evidence had not been considered with the correct weight, the lower Court had nonetheless applied the correct legal test.’
Park Square Barristers, 30th October 2018
Source: www.parksquarebarristers.co.uk
‘A litigant in person (LiP) who disclosed a ‘without prejudice’ offer during trial had been warned not to and the judge was right to sanction him, the Court of Appeal has ruled.’
Litigation Futures, 5th November 2018
Source: www.litigationfutures.com
‘More than 1,200 NHS staff have won compensation after being injured by needles potentially infected with HIV or hepatitis over the past six years.’
Daily Telegraph, 3rd November 2018
Source: www.telegraph.co.uk
‘In a unanimous judgment delivered on 10th October 2018, the Supreme Court reminded practitioners that there is no need to consider the Caparo v Dickman test in every case where the existence of a duty of care is in issue, and that judges must be careful not to conflate issues relevant to the existence of a duty with those relevant to whether or not the duty has been breached.’
Cloisters, 18th October 2018
Source: www.cloisters.com
‘Four key points for the limitation period for contract and tort claims. Limitation is fiendishly complex – these are some fundamentals for an ‘all-or-nothing’ defence affecting every claim.’
4 New Square, 25th October 2018
Source: www.4newsquare.com
‘A road rage motorist who punched a cyclist into oncoming traffic has been jailed for two years.’
BBC News, 26th October 2018
Source: www.bbc.co.uk
‘English rugby should set up an independent medical panel to analyse injury trends in the professional game and suggest ways of minimising risk to players to help insulate clubs, and the Rugby Football Union, from legal action in the future, according to a leading negligence lawyer.’
The Guardian, 28th October 2018
Source: www.theguardian.com
‘Solicitors do not have to carry out investigative tasks in areas they not been asked to deal with, however beneficial to the client it might have turned out to be, the Court of Appeal has ruled. In doing so, it rejected an appeal by a former client of City firm Fox Williams against a decision that cleared the solicitors of negligence.’
Legal Futures, 26th October 2018
Source: www.legalfutures.co.uk
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