‘Dunnage v. Randall & UK Insurance Ltd [2015] EWCA Civ 673, 2 July 2015
This is an extraordinary case, and one which goes deep down into why the law of wrongs (or torts) makes people compensate others for injury and losses, whereas the criminal law may decide that a crime has not been committed.’
UK Human Rights Blog, 14th July 2015
Source: www.ukhumanrightsblog.com
‘Judges have cleared the way for the former Guardian journalist Donald MacLeod to claim damages from the Metropolitan police after he was left with brain injuries when he was hit by a police car answering an emergency call while he was cycling home.’
The Guardian, 8th July 2015
Source: www.guardian.co.uk
‘Costs budgeting will not be applied to High Court clinical negligence cases listed for costs hearings between October 2015 and January 2016 in an attempt to clear the backlog, it has emerged.’
Litigation Futures, 2nd July 2015
Source: www.litigationfutures.com
‘This case concerned an appeal against an Order in which the Defendant was to pay the Claimant, Mr Lowdon, the sum of £17,000 by way of general damages for personal injury following injury he suffered as a result of riding on the Defendant’s equipment known as “The Hyper jump”.’
Full story
Zenith PI Blog, 30th June 2015
Source: www.zenithpi.wordpress.com
‘The government intends to put strict limits on the “excessive fees” some lawyers claim in medical negligence cases against the NHS in England.’
BBC News, 28th June 2015
Source: www.bbc.co.uk
‘In an important step away from Pretty v UK, the Grand Chamber of the Strasbourg Court has upheld the right of to die with dignity by ruling that there would be no violation of Article 2 (right to life) of the European Convention on Human Rights if artificial nutrition and hydration were to be withdrawn from a patient in a persistent vegetative state.’
UK Human Rights Blog, 16th June 2015
Source: www.ukhumanrightsblog.com
‘Courts in England and Wales now have the power to strike out personal injury claims in their entirety if the person making the claim has been fundamentally dishonest, even if parts of the claim were genuine.’
Full story
OUT-LAW.com, 17th June 2015
Source: www.out-law.com
Gulati v MGN Ltd [2015] EWHC 1482 (Ch); [2015] WLR (D) 232
‘Damages for infringement of privacy rights should compensate not merely for distress but also, if appropriate, for a loss of privacy or autonomy arising out of the infringement as such, which might include, if appropriate, a sum to compensate for damage to dignity or standing so far as that was meaningful and not already compensated under the distress element.’
WLR Daily, 21st May 2015
Source: www.iclr.co.uk
‘Comments made by some of the UK’s top judges during a recent ruling appear to signal their reluctance to extend the so-called ‘Fairchild’ exception to the normal rules of causation to cover any more types of damage or injury, an expert has said.’
OUT-LAW.com, 26th May 2015
Source: www.out-law.co.com
‘Anecdotal evidence suggests that Defendants in failed personal injury claims are increasingly making use of the Court’s wasted costs powers in an attempt to recover costs from Claimants’ legal representatives. Often this is in cases where the Defence is either explicitly or implicitly one of fraud. In such cases the terms of the ATE insurance (if indeed any is held by the Claimant) are often such that the policy does not pay out. Thus, Defendants are sometimes left in the position of holding a costs order against a ‘man of straw’. To circumvent this problem it seems some Defendants are making costs applications against legal representatives directly, using the wasted costs jurisdiction. The recent case of Kagalovsky v Balmore Invest Ltd [2015] EWHC 1337 (QB)[1] provides a salutary reminder of the difficulties a party faces when seeking to persuade a Court to make a wasted costs order.’
Zenith PI Blog, 20th May 2015
Source: www.zenithpi.wordpress.com
‘A litigant-in-person has lost his claim for psychiatric injury against the Stobart Group and associated companies over his failure to serve a medical report.’
Litigation Futures, 15th May 2015
Source: www.litigationfutures.com
‘A six-year-old boy with cerebral palsy is to receive a £10m care and rehabilitation package from Harrogate and district NHS foundation trust after it admitted failing to provide proper care during his birth that resulted in devastating neurological injuries.’
The Guardian, 14th May 2015
Source: www.guardian.co.uk
‘A marine left paralysed after diving into shallow waters in the Canary Islands is suing the military for £8m. Spencer Vaughan, 27, from Cwmbran in south Wales, broke his neck in the Gran Canaria incident while on an adventure training exercise in July 2009.’
BBC News, 12th May 2015
Source: www.bbc.co.uk
‘The rule as to “fundamental” dishonesty has attracted a lot of attraction (and a lot of heated debate). However there has been very little examination of the details of the Act and the consequent procedural consequences. There are 10 key points which every personal injury litigator must be aware of.’
Zenith PI, 9th May 2015
Source: www.zenithpi.wordpress.com
‘Personal injury arises out of criminal acts as well as legal ones. The good news is this is not a bar to recovery.’
Zenith PI Blog, 8th May 2015
Source: www.zenithpi.wordpress.com
‘Lord Justice Jackson has dismissed a negligence claim against Veale Wasbrough, now national firm Veale Wasbrough Vizards, and the barrister it instructed to advise on a personal injury case.’
Full story
Litigation Futures, 11th May 2015
Source: www.litigationfutures.com
‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’
Zenith PI, 6th May 2015
Source: www.zenithpi.wordpress.com
‘A pregnant woman left brain damaged after her heart was accidentally punctured during an NHS operation has won an £8m compensation pay-out.’
BBC News, 5th May 2015
Source: www.bbc.co.uk
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