‘The Court of Appeal issued guidelines as to the principles which should apply, on an application for approval of a compromise of a claim of damages for personal injury brought by a child, where the court in the exercise of its power was deciding whether as a matter of necessity to withhold from the public the names of the parties to the litigation.
WLR Daily, 17th February 2015
Source: www.iclr.co.uk
Jackson (Appellant) v Murray and another (Respondents) (Scotland) [2015] UKSC 5 (YouTube)
Supreme Court, 18th February 2015
‘Children and protected parties in medical negligence and personal injury cases should not be publicly named unless anonymity is either unnecessary or inappropriate, the Court of Appeal ruled today.’
Law Society’s Gazette, 17th February 2015
Source: www.lawgazette.co.uk
‘A woman who nearly drowned during a school swimming lesson when she was 10 years old has won a compensation battle at the High Court.’
BBC News, 17th February 2015
Source: www.bbc.co.uk
‘How should local authorities respond to the compensation claims landscape, asks Carol Dalton.’
New Law Journal, 13th February 2015
Source: www.newlawjournal.co.uk
Graham v Commercial Bodyworks Ltd [2015] EWCA Civ 47; [2015] WLR (D) 50
‘Where an employee, while at work, had perpetrated against his friend and colleague what was apparently intended to be a prank, by putting highly inflammable thinning agent on to his clothes and then igniting them, the employer was not vicariously liable.’
WLR Daily, 5th February 2015
Source: www.iclr.co.uk
‘A Defendant did not owe a duty of care to a Claimant who, while helping him clear the grounds of the property, had of his own accord, attempted to unblock a wood chipper while the engine was on and lost three of his fingers.’
Zenith PI Blog, 5th February 2015
Source: www.zenith.wordpress.com
‘The Appellant, (Edwards) rented a 2nd floor flat by way of an assured short hold tenancy from the Respondent (Kumarasamy). The Respondent was not the owner of the block of flats but had a long lease of the particular flat let to the Appellant. The Appellant suffered injury when he tripped over an uneven paving stone in the pathway ,between the front door of the block and the communal bins. The Respondent had received no notice of the defect prior to the accident. This was accepted.’
Zenith PI Blog, 4th February 2015
Source: www.zenithpi.wordpress.com
‘There should be tight deadlines on all parties to an injury claim – solicitors, insurers and rehabilitation providers – to ensure that rehabilitation achieves as much as it can, according to one well-known rehabilitation case management company.’
Litigation Futures, 3rd February 2015
Source: www.litigationfutures.com
‘Appeal judges have ruled that solicitors cannot recover their costs where conditional fee agreements (CFAs) fail to comply with the cancellation of contracts regulations, with a potential impact on a significant number of cases.’
Litigation Futures, 2nd February 2015
Source: www.litigationfutures.com
‘A seven-year-old girl whose mind is “trapped in a body” that will not do as she wants has been awarded £10.1m.’
BBC News, 22nd January 2015
Source: www.bbc.co.uk
‘Legal fees for personal injury cases worth up to £100,000 fell by 65% in 2013, with an overall reduction of 14% in the cost of third-party injury claims, the Institute and Faculty of Actuaries has reported.’
Litigation Futures, 19th January 2015
Source: www.litigationfutures.com
‘There are many reasons why personal injury litigators should read the decision of Judge Curran QC (sitting as a judge of the High Court) in Miller -v- Imperial College Healthcare NHS Trust [2014] EWHC 3772 (QB). One of the reasons is the detailed analysis of the argument that damages for pain and suffering should automatically be reduced because of a claimant’s age. As the judgment shows age can be an aggravating factor, not a matter that leads to a reduction in the award.’
Zenith PI Blog, 17th January 2015
Source: www.zenithpi.wordpress.com
‘The recent case of AB v Chief Constable of X Constabulary provided the High Court with an opportunity to review the doctrine of ex turpi causa and its application in personal injury cases.’
Zenith PI Blog, 15th January 2015
Source: www.zenithpi.wordpress.com
‘There are increasing numbers of post-April 2013 personal injury settlements being reported, many of which contain specific reference to the damages figure including the 10% uplift provided for by Simmons v Castle [2012] EWCA Civ 1288.’
Zenith PI Blog, 13th January 2015
Source: www.zenithpi.wordpress.com
‘A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator. The Court of Appeal overturned the first instance decision where there had been no evidence of local standards of care and the judge had wrongly imposed an evidential burden of proof on the holiday company to prove it exercised reasonable care and skill in performance of the contract.’
Zenith PI Blog, 13th January 2015
Source: www.zenithpi.wordpress.com
‘In Downing v Peterborough & Stamford NHS Foundation Trust [2014]EWHC 4216 (QB) heard by Sir David Eady on 12th December 2014 the Claimant received an additional £75,000 in damages after beating its own Part 36 offer.’
Zenith PI Blog, 5th January 2015
Source: www.zenithpi.wordpress.com
‘An NHS trust was fined £180,000 before Christmas after a patient suffered severe burns from a warming mattress.’
Local Government Lawyer, 6th January 2015
Source: www.localgovernmentlawyer.co.uk
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