‘The period between a liability decision and the insurer making a first offer is where the ever-lengthening delays in the Official Injury Claim (OIC) portal are occurring, the Ministry of Justice (MoJ) said yesterday.’
Legal Futures, 30th November 2023
Source: www.legalfutures.co.uk
‘The act of strangling or suffocating as part of an assault has long formed the part of allegations involving other offences such as battery and assaults resulting in actual harm (ABH) or serious harm. However as of 7th June 2022 section 70 of the Domestic Abuse Act 2021 has produced section 75A of the Serious Crime Act 2015, creating an offence of non-fatal strangulation or non-fatal suffocation. This article is focussed more on the former. It is becoming more
commonplace both to see this offence charged and to advise on whether it should be charged. There has also been recent case law in the Court of Appeal concerning sentencing in these cases and Jonathan Underhill has written an article about this which goes hand in hand with this piece.’
3PB, 20th October 2023
Source: www.3pb.co.uk
‘Cycle helmets are likely to remain a bone of contention between PI litigants for years to come. At least, as far as social cycling is concerned. Different considerations apply to competitive and organized cycling events.’
Gatehouse Chambers, 20th October 2023
Source: gatehouselaw.co.uk
‘On 10 October 2023, the High Court gave judgment dismissing the Claimant’s claims in negligence and pursuant to section 2(2) Animals Act 1971 in circumstances where a horse reacted to the presence of a dog causing the Claimant to fall and suffer severe spinal cord injury.’
Old Square Chambers, 20th October 2023
Source: oldsquare.co.uk
‘According to the HSE:
Silica is a natural substance found in varying amounts in most rocks, sand and clay. For example, sandstone contains more than 70% silica, whereas granite might contain 15-30%. Silica is also a major constituent of construction materials such as bricks, tiles, concrete and mortar.
In other words, silica is virtually ubiquitous in quarrying, mining and in building materials.’
Ropwalk Chambers, 9th October 2023
Source: ropewalk.co.uk
‘AstraZeneca is facing legal action over its Covid vaccine, by a man who suffered severe brain injury after having the jab in April 2021.’
BBC News, 9th November 2023
Source: www.bbc.co.uk
‘The Civil Procedure (Amendment No. 2) Rules 2023 were enacted on 1st October 2023, together with the 156th Update Practice Direction Amendments and Explanatory Note. This article provides an overview of the new Civil Procedure Rules (CPR) that apply to noise induced hearing loss (NIHL) claims.’
Farrar's Building, 20th October 2023
Source: www.farrarsbuilding.co.uk
‘In the case of Shaw v Maguire (Re Preliminary Issues) [2023] EWHC 2155 (KB) Master Cook considered the limitation period as a preliminary issue. In doing so, Master Cook considered whether a claimant could utilise Section 33 of the Limitation Act in Fatal Accident Act claims where limitation expired prior to the deceased’s death.’
Old Square Chambers, 25th September 2023
Source: oldsquare.co.uk
‘An Interim Payment (“IP”) is defined in CPR 25.1(1)(k) as a “payment by a defendant on account of any damages, debt or other sum (except costs) which the court may hold the defendant liable to pay”. In effect, it is a sum of money advanced to a claimant from the total pot of compensation they will get at the end of their Personal Injury (“PI”) claim. They are generally obtained in complex PI/clinical negligence claims involving substantial damages and sometimes an as yet uncertain prognosis.’
Pump Court Chambers, 15th September 2023
Source: www.pumpcourtchambers.com
‘Insurer assertions that the number of mixed injury cases has risen dramatically since the launch of the Official Injury Claim (OIC) portal are not borne out by the evidence, it was argued last week.’
Legal Futures, 25th September 2023
Source: www.legalfutures.co.uk
‘Two hundred women in the UK who claim they were left in pain after having a permanent contraception device fitted, can now take group legal action through the courts, against its manufacturer.’
BBC News, 5th September 2023
Source: www.bbc.co.uk
‘Outside of those cases involving false imprisonment or torture, aggravated damages in personal injury claims are vanishingly rare. A recently issued claim in the High Court called Frearson, claims aggravated damages for what is alleged to be deliberate assault with a deadly weapon. But that claim is at an early stage and – even if it goes to trial – is unlikely to provide any definitive answers for some time.’
Gatehouse Chambers, 7th July 2023
Source: gatehouselaw.co.uk
‘This article will focus on the issue relating to guidelines, which is likely to be the central take-away point for practitioners. Mr Berry was administered 400mg of Gentamicin on 4 March by Dr Meyer. The parties were agreed that the dosage caused the Claimant ototoxicity side effects.’
QMLR, 18th July 2023
Source: 1corqmlr.com
‘The Association of Personal Injury Lawyers (APIL) has issued judicial review (JR) proceedings challenging aspects of the new rules to extend fixed recoverable costs.’
Legal Futures, 24th August 2023
Source: www.legalfutures.co.uk
‘The case of Sindra Bilal & Anor v St George’s University NHS Foundation [2023] EWCA Civ 605 provides a useful reminder to ensure issues are pleaded if they are to be advanced at trial.’
Parklane Plowden Chambers, 16th July 2023
Source: www.parklaneplowden.co.uk
‘A law firm acting for hundreds of women who claim to have been harmed by vaginal mesh implant surgery has had its costs slashed by an unimpressed judge.’
Legal Futures, 18th August 2023
Source: www.legalfutures.co.uk
‘On 26 July 2023, the Court of Appeal handed down its decision in the case of FXF v English Karate Federation Ltd [2023] EWCA Civ 891, regarding the correct approach to dealing with applications to set aside default judgments. Specifically, the court addressed the issue whether the well-trodden criteria from Denton v TH White Ltd [2014] 1 WLR 3926 regarding relief from sanctions should be applied in applications to set aside judgments in default.’
Ropewalk Chambers, 28th July 2023
Source: ropewalk.co.uk
‘In January 2023, Mr Justice Ritchie handed down an important decision dealing with Montgomery and causation in birth injury claims.’
QMLR, 18th July 2023
Source: 1corqmlr.com
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