“A council has been left with a multi-million pound compensation bill after a High Court judge ruled that it was responsible for causing a serious crash by failing to repair a pothole.”
Daily Telegraph, 29th March 2012
Source: www.telegraph.co.uk
“A British Airways stewardess who has been unable to return to work since a metal canister fell on her head while on duty is to receive £280,000 damages.”
The Independent, 26th March 2012
Source: www.independent.co.uk
“A philosophy student who claimed he suffered head injuries from a police baton during the anti-fees protest in London faces trial on Monday for violent disorder at the demonstration.”
The Guardian, 25th March 2012
Source: www.guardian.co.uk
“The Supreme Court handed down judgment in the Atomic Veterans Litigation (AVL) on 14 March 2012. The appeal is the first time the highest court has considered the law of limitation in group actions. The decision as to the correct approach to knowledge for the purpose of s.14(1) Limitation Act 1980 is relevant not only to personal injury claims but also to actions in respect of defective products (ss. 11A(4)(b) and 5(b)) and negligence actions not involving personal injury (s.14A). The decision is also relevant to the law of causation in tort and the extent to which claims may be proved by merely showing a material increase in the risk of harm.”
Full story (PDF)
4 New Square, 14th March 2012
Source: www.4newsquare.com
AB and others v Ministry of Defence: [2012] UKSC 9; [2012] WLR (D) 79
“Reasonable belief that a claimant’s injury was attributable to an act or omission of the defendant was sufficient to satisfy the requirement of knowledge in sections 11 and 14 of the Limitation Act 1980 for the purpose of determining whether his claim was time-barred.”
WLR Daily, 14th March 2012
Source: www.iclr.co.uk
“It’s always, and only, simple propositions that matter. But often, in the law, only big judges have the confidence to utter simple things. That was what happened in Helmot v Simon [2012] UKPC 5 (7 March 2012), an appeal to the Privy Council by an optimistic defendant who sought to overturn a decision of the Court of Appeal of Guernsey, (whose judgment had been delivered by a judge by the name of Sumption).”
Halsbury’s Law Exchange, 14th March 2012
Source: www.halsburyslawexchange.co.uk
Whitehead v Trustees of the Chatsworth Settlement: [2012] EWCA Civ 263; [2012] WLR (D) 65
“Reasonable practicability was, at least in part, relevant to the assessment of both limbs of the duty on an employer, under regulation 12(1) of the Provision and Use of Work Equipment Regulations 1998, to take measures to ensure that the exposure of a person using work equipment to any risk to his health or safety from a regulation 12(3) hazard was either prevented, or, where that was not reasonably practicable, adequately controlled.”
WLR Daily, 8th March 2012
Source: www.iclr.co.uk
“A council faces having to pay out tens of thousands of pounds after a park warden fell and injured himself while putting up health and safety signs.”
Daily Telegraph, 9th March 2012
Source: www.telegrph.co.uk
“Arguments concerning the indexation of periodical payments orders triggered many more cases than usual being tried out on numerous heads of damage. Further cases have followed after the issue of indexation was decided. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.”
Full story (PDF)
Byrom Street Chambers, 23rd February 2012
Source: www.byromstreet.com
“1.1 Recommendation ten. In paragraph 5.3 of chapter 10 of the Costs Review Final Report (‘FR’) I recommended that in personal injuries litigation the level of general damages for pain suffering and loss of amenity be increased by 10%. In paragraph 5.6 I recommended that general damages for nuisance, defamation and any other tort which causes suffering to individuals be increased by 10%. This recommendation is one out of a hundred and nine recommendations in the FR, all of which are collected on pages 463-471. It is recommendation ten in the list.”
Judiciary of England and Wales, 29th February 2012
Source: www.judiciary.gov.uk
“A mother has been jailed for claiming she suffered whiplash injuries in a fictitious car crash after her insurers took her to court in the first case of its kind.”
Daily Telegraph, 29th February 2012
Source: www.telegraph.co.uk
“A six-year-old West Midland girl who suffered severe brain damage in a car crash involving a speeding driver has been awarded £5m compensation.”
BBC News, 23rd February 2012
Source: www.bbc.co.uk
“Whiplash can be a pain in the neck for insurers – and it’s they who are driving the debate over the scale of personal injury claims.”
The Guardian, 20th February 2012
Source: www.guardian.co.uk
“Irwin Mitchell has been forced to defend its pricing policy after the Master of the Rolls Lord Neuberger highlighted a case in which it charged six times the amount paid out to its client.”
The Lawyer, 21st February 2012
Source: www.thelawyer.com
“A senior judge has warned there is ‘something out of kilter’ in the civil justice system after hearing a case in which lawyers were paid almost six times more than their client.”
Daily Telegraph, 16th February 2012
Source: www.telegraph.co.uk
“David Cameron will today pledge to end Britain’s ‘damaging compensation culture’ by tightening the rules on false whiplash claims that are driving up the cost of car insurance.”
Daily Telegraph, 14th February 2012
Source: www.telegraph.co.uk
“Police authorities may have to find tens of millions of pounds extra to fund their pension liabilities after a retired inspector won a landmark legal challenge preserving his income.”
The Guardian, 6th February 2012
Source: www.guardian.co.uk
“Criminals are to be banned from making claims for injuries from a special fund set up to help victims of crime, Kenneth Clarke will announce on Monday.”
The Guardian, 30th January 2012
Source: www.guardian.co.uk
“Hospitals are being instructed to remove advertisements for personal injury lawyers featured in NHS leaflets issued to patients, it has emerged.”
Daily Telegraph, 19th January 2012
Source: www.telegraph.co.uk
“The insurance industry must take action to stop customers launching spurious legal claims which are driving up the cost of premiums, a committee group of MPs has said.”
OUT-LAW.com, 16th January 2012
Source: www.out-law.com
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