Interim payments: the Eeles fallout – Cloisters

Posted June 19th, 2012 in damages, law reports, news, periodical payments, personal injuries by sally

“The Court of Appeal’s decision in Eeles v Cobham Hire Services Ltd [2010] 1 WLR 409 has profoundly affected the ability of claimants to secure adequate accommodation prior to a quantum trial or settlement. This aim of this talk is to consider how Eeles has been applied in subsequent first instance cases, and the lessons to be learned from them in preparing, evidencing and arguing heavy interim payment applications.”

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Cloisters, 13th June 2012

Source: www.cloisters.com

Statutory funding in Catastrophic Injury Cases: Who cares who pays – Byrom Street

Posted June 19th, 2012 in compensation, local government, news, personal injuries by sally

“At the heart of this seminar lies an issue that can be stated in relatively simple terms:
‘ … reconciling the principle that a tortfeasor must meet the claimant’s reasonable expenses in coping with the injury he has caused with the ever increasing legislative burden on local authorities to provide care for those who cannot care for themselves and the ability (or otherwise) of local authorities to recoup the costs of so doing.” (per Scott Baker L.J. in Sowden v. Lodge [2004] EWCA Civ 1370 [101])'”

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Byrom Street, 15th June 2012

Source: www.byromstreet.com

MoJ answers key QOCS questions – Law Society’s Gazette

Posted May 30th, 2012 in civil justice, costs, news, personal injuries by sally

“The government has answered some of the fundamental questions about how its new system for transferring the costs burden in personal injury cases will work.”

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Law Society’s Gazette, 30th May 2012

Source: www.lawgazette.co.uk

Suffer Little Children – Zenith Chambers

“On 24 February, the Court of Appeal delivered its judgment in the joined appeals of Dockerill & Healey -v- Tullett, Macefield -v- Bakos and Tubridy -v- Sarwar. The decision may have a significant impact on whether claimant solicitors continue to represent children in personal injury claims where likely damages will be less than £1,000.”

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Zenith Chambers, 10th May 2012

Source: www.zenithchambers.co.uk

Newport family wins multi-million pound birth error compensation – BBC News

Posted May 28th, 2012 in birth, compensation, news, personal injuries by sally

“The family of a nine-year-old girl has won a multi-million pound compensation package for devastating injuries suffered at birth.”

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BBC News, 25th May 2012

Source: www.bbc.co.uk

CoA judge raps defendant for spurning mediation – Law Society’s Gazette

Posted May 17th, 2012 in appeals, arbitration, costs, news, personal injuries by sally

“A Court of Appeal judge has criticised a defendant for rejecting mediation offered at a previous hearing – warning it will be a costly decision.”

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Law Society’s Gazette, 17th May 2012

Source: www.lawgazette.co.uk

Balgobin v South West Regional Health Authority – WLR Daily

Posted May 14th, 2012 in appeals, default judgments, law reports, personal injuries by sally

Balgobin v South West Regional Health Authority [2012] UKPC 11; [2012] WLR (D) 143

“The entry of a default judgment against one of two defendants to a personal injury claim did not operate as a bar to a subsequent finding of liability against the other defendant when the claimant had not made an unequivocal election to only pursue her claim against one defendant.”

WLR Daily, 10th May 2012

Source: www.iclr.co.uk

Crackdown on whiplash injury claims – The Independent

“Whiplash injury claims cost insurers more than £2 billion last year – adding around £90 to the
cost of a typical car insurance policy, the AA has revealed.”

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The Independent, 2nd May 2012

Source: www.independent.co.uk

Mother found negligent for child’s injuries after using wrong car seat – Daily Telegraph

Posted April 27th, 2012 in accidents, damages, negligence, news, personal injuries, road safety by sally

“A mother who put her three-year-old daughter in a car booster seat has been found partly responsible for her crippling car crash injuries by the High Court because it was the wrong seat for her age.”

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Daily Telegraph, 26th April 2012

Source: www.telegraph.co.uk

Wrexham family to receive payout after meningitis error by hospital – BBC News

Posted April 27th, 2012 in compensation, hospitals, negligence, news, personal injuries by sally

“The parents of a six-year-old girl from Wrexham who was left severely brain damaged due to medical negligence have won their claim against a health board.”

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BBC News, 26th April 2012

Source: www.bbc.co.uk

Will the legal aid bill be the end of the ambulance-chasing lawyer? – The Guardian

Posted April 26th, 2012 in bills, fees, news, personal injuries by sally

“For all the scaremongering about a compensation culture, ignorance of rights causes more harm than the bringing of unmeritorious legal claims.”

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The Guardian, 25th April 2012

Source: www.guardian.co.uk

Girl, 10, sues mother over drink-drive car crash – Daily Telegraph

Posted April 26th, 2012 in compensation, negligence, news, personal injuries by sally

“A 10-year-old schoolgirl is suing her mother for £100,000 over a drink-drive car crash which left her badly injured.”

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Daily Telegraph, 25th April 2012

Source: www.telegraph.co.uk

Still suffering from an accident for which you weren’t to blame? – The Guardian

Posted April 18th, 2012 in fees, insurance, legal aid, news, personal injuries by sally

“To nobody’s surprise, the government last night rejected arguments on behalf of mesothelioma sufferers and overturned a Lords amendment that would have exempted them from the effects of Part 2 of the legal aid bill (known as the Jackson reforms).”

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The Guardian, 18th April 2012

Source: www.guardian.co.uk

Overseas terror victims eligible for compensation, says government – The Independent

Posted April 16th, 2012 in compensation, news, personal injuries, terrorism by sally

“Britons who lived in the UK for at least three years before being injured in a terror attack overseas are eligible for compensation from today, the Government said.”

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The Independent, 16th April 2012

Source: www.independent.co.uk

A Perception on Deception – Part II – Zenith Chambers

Posted April 16th, 2012 in deceit, fraud, insurance, news, personal injuries, pleadings by sally

“Part I of this Article considered the approach of the courts and Insurers during the litigation process, but what happens post-litigation? Part II considers that very question.”

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Zenith Chambers, 11th April 2012

Source: www.zenithchambers.co.uk

Making the most of stress claims – Zenith Chambers

Posted April 11th, 2012 in employment, health & safety, negligence, news, personal injuries by sally

“At a time when 1 in 4 workers are now affected by work-related stress, it is unsurprising that lawyers too are seeing more occupational stress claims than ever before. Kate provides some timely guidance on how to sort the wheat from the chaff and considers whether McLennan v Hartford [2012] EWHC 346 amounts to a change in the landscape or more of the same.”

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Zenith Chambers, 3rd April 2012

Source: www.zenithchambers.co.uk

A Perception on Deception – Part I – Zenith Chambers

Posted April 11th, 2012 in compensation, fraud, news, personal injuries by sally

“No legal practitioner will have failed to note that in recent years personal injury claims have attracted a great deal of attention in the media; similarly, the government’s1 increasing involvement due to the dramatic increase in the number of such claims and the cost to the insurance industry, especially arising out of road traffic accidents, has been palpable. Although consideration has to be given to the fact that there has been an increase in the number of cars on the roads which will have contributed to the increase in road traffic accidents and subsequent personal injury claims, there also appears to have been an escalation in the propensity to make a claim and not simply arising out of road traffic accidents. Some have argued this is potentially due to the advent of no win no fee arrangements, but there is a firm belief that there has also been a significant rise in fraudulent PI claims.”

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Zenith Chambers, 3rd April 2012

Source: www.zenithchambers.co.uk

NHS failings that left babies with brain damage set to cost £235m – The Guardian

Posted April 10th, 2012 in birth, damages, hospitals, midwives, news, personal injuries by sally

“Blunders by hospital staff which leave newborn babies brain-damaged in the first few days of their lives are set to cost the NHS more than £235m, official figures reveal.”

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The Guardian, 9th April 2012

Source: www.guardian.co.uk

CoA pilots mediation scheme in bid to cut litigation costs – The Lawyer

Posted April 5th, 2012 in arbitration, contracts, courts, news, personal injuries by sally

“The Court of Appeal (CoA) is to pilot a mediation scheme for all personal injury and contract claims up to the value of £100,000 for which permission to appeal is given.”

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The Lawyer, 4th April 2012

Source: www.thelawyer.com

New Pilot To Show Mediation Can Work For The Court Of Appeal – Judiciary of England and Wales

“A new pilot scheme is designed to give a shot in the arm to the Court of Appeal Mediation Scheme (CAMS). It will be managed by CEDR (Centre for Dispute Resolution) which administers CAMS.”

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Judiciary of England and Wales, 30th March 2012

Source: www.judiciary.gov.uk