‘Northampton Borough Council is to pay £13m to the family of a boy who was left with brain injuries after nearly drowning in a council swimming pool in 2002.’
Local Government Lawyer, 21st June 2017
Source: localgovernmentlawyer.co.uk
‘Fresh reforms to personal injury claims are back on the agenda following today’s Queen’s speech. The government’s slimmed-down wishlist of legislation includes a Civil Liability Bill to address the ‘compensation culture’ around motor insurance claims.’
Law Society's Gazette, 21st June 2017
Source: www.lawgazette.co.uk
‘The Court of Appeal has refused to consider a circuit judge ruling which held that failure by a solicitor to correctly value a personal injury claim and pay the right court fee did not amount to an abuse of process.’
Litigation Futures, 20th June 2017
Source: www.litigationfutures.com
‘UK holidaymakers who make bogus food poisoning claims could go to prison, warns travel trade organisation Abta.’
BBC News, 21st June 2017
Source: www.bbc.co.uk
‘The Civil Procedure Rule Committee may need to address a hole in the exception from qualified one-way costs-shifting (QOCS) that meant defendants in a personal injury claim could not seek their costs because service of the claim had been set aside, rather than struck out, a High Court judge has ruled.’
Litigation Futures, 19th June 2017
Source: www.litigationfutures.com
‘The Law Society has told the Department of Health that its proposed rapid resolution and redress (RRR) scheme will fail to deliver its intended result of fewer severe avoidable birth injuries.’
Local Government Lawyer, 7th June 2017
Source: www.localgovernmentlawyer.co.uk
‘A solicitor has been fined £7,500 for making false claims about being in possession of documents in personal injury cases – misconduct which a psychiatrist attributed to an illness that temporarily affected her ability to work.’
Litigation Futures, 7th June 2017
Source: www.litigationfutures.com
Regina v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB)
‘The claimant, a 24-year-old man, suffered from physical impairments caused by injuries suffered during his birth at the defendant’s hospital. He was expected to live to about 70 years old, which represented a reduction, as a result of his injuries, from the normal life expectancy for a male of his age. His mother, acting as his litigation friend, brought a claim for damages on his behalf against the defendant. The defendant admitted negligence in relation to the claimant’s birth. On the assessment of damages, issues arose including: (i) whether the claimant was entitled to recover a sum in respect of the pension that, but for his injuries, he would have received during the “lost years” of his life beyond his actual life expectancy; and (ii) how any award for special accommodation needs was to be assessed.’
WLR Daily, 25th May 2017
Source: www.iclr.co.uk
‘A city council has been ordered to pay £45,000 in fines and costs after an apprentice suffered serious hand injuries.’
Local Government Lawyer, 30th May 2017
Source: www.localgovernmentlawyer.co.uk
‘The recent decision of the High Court upon an application for judicial review of a Police Medical Appeals Board (‘PMAB’) decision in the case of R (Fisher) v (1) Chief Constable of Northumbria (2) PMAB [2017] EWHC 455 (Admin) highlights the pitfalls in the assessment of a former officer’s uninjured earning capacity when reviewing the level of an injury pension under regulation 37 of the Police (Injury Benefit) Regulations 2006.’
UK Police Law Blog, 31st May 2017
Source: ukpolicelawblog.com
‘Claimant lawyers have strongly criticised government plans for a new administrative compensation scheme for birth injury claims, with the Association of Personal Injury Lawyers saying that families would “be held hostage” under it.’
Litigation Futures, 30th May 2017
Source: www.litigationfutures.com
‘The recent change in the discount rate was covered on this blog. One issue that arose was how the courts were going to treat the Roberts -v- Johnstone approach to accommodation claims. It was not practical to use a multiplier that was a minus figure. In JR -v- Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) Mr Justice Davis decided that the multiplier in these circumstances should be zero.’
Zenith PI Blog, 25th May 2017
Source: www.zenithpi.wordpress.com
‘A man who was left disabled as a result of negligence during his birth will receive almost £8m in NHS compensation.’
BBC News, 25th May 2017
Source: www.bbc.co.uk
‘A widespread consensus has emerged that Lord Justice Jackson is backing away from extending fixed recoverable costs to cases worth up to £250,000, Litigation Futures can report – although what level he is now looking at is unknown.’
Litigation Futures, 23rd may 2017
Source: www.litigationfutures.com
‘It is a pleasure to have been asked to give this year’s Blackstone lecture. Lord Devlin at the outset of his Hamlyn Lectures in 1956 observed: that trial by jury was a subject on which it was not possible to ‘say anything very novel or very profound’. If not a subject suitable for original comment, why did I choose it?’
Courts and Tribunals Judiciary, 22nd May 2017
Source: www.judiciary.gov.uk
‘Babies are dying and being put at risk of major brain injury because it is “commonplace” for British midwives to qualify without training in use of basic equipment, a senior coroner has warned.’
Daily Telegraph, 20th May 2017
Source: www.telegraph.co.uk
‘In 2002, Mr. Dammermann entered into a mortgage with a bank. He defaulted on that mortgage and LPA receivers were appointed. The receivers appointed Lanyon Bowdler to conduct the sale of the property. On sale of the property Lanyon rendered a bill to the receivers that was paid and became part of the secured liability. Mr. Dammermann issued proceedings contesting the legal fees charged.’
Zenith PI Blog, 17th May 2017
Source: www.zenithpi.wordpress.com
‘This case concerned the issue of whether or not claimants (or their solicitors) should be obliged to repay Stage 1 costs of £400 + VAT (under the “old” Portal rules) in claims which did not then proceed to Stage 2.’
Zenith PI Blog, 16th May 2017
Source: www.zenithpi.wordpress.com
‘The Court of Appeal has ruled that solicitors should be able to claim protocol costs for claims which did not go beyond the first stage.’
Law Society’s Gazette, 16th May 2017
Source: www.lawgazette.co.uk
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