Great grandmother had legs amputated after she was dragged under bus when driver refused to let her on – The Independent

‘An 83 year-old woman lost both her legs when she was dragged under a bus when the driver refused to let her on.’

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The Independent, 28th July 2023

Source: www.independent.co.uk

Aberdare’s Priory Hospital firms fined £400k after workers assaulted – BBC News

‘Companies running a mental health unit have been fined more than £400,000 after staff suffered bite attacks from inpatients.’

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BBC News, 26th July 2023

Source: www.bbc.co.uk

CA rejects latest challenge to costs deduction from damages – Legal Futures

Posted July 17th, 2023 in appeals, damages, fees, law firms, news, personal injuries, solicitors, time limits by sally

‘The time for a client to challenge a solicitor’s deduction from their damages runs from the time the deduction is made, without the client having to agree the specific amount, the Court of Appeal has ruled.’

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Legal Futures, 17th July 2023

Source: www.legalfutures.co.uk

Terror attack survivors condemn compensation body – BBC News

‘Survivors of terror attacks in the UK have described the government’s compensation scheme as “broken” in a new report.’

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BBC News, 17th July 2023

Source: www.bbc.co.uk

Demised property, the Occupiers Liability Act 1957 and PI claims – Local Government Lawyer

‘North Lincolnshire Council recently successfully defended a personal injury claim brought by a claimant who slipped at a pay and display car park the local authority owned but had demised. Toby Coupe explains how.’

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Local Government Lawyer, 30th June 2023

Source: www.localgovernmentlawyer.co.uk

Bilal: The Court of Appeal Considers the Application of Bolam in Montgomery Consent Case – Ropewalk Clinical Negligence Blog

Posted June 26th, 2023 in appeals, chambers articles, doctors, duty of care, news, personal injuries by sally

‘In the case of Montgomery v Lanarkshire Health Board [2015] AC 1430, the Supreme Court drew a distinction between a doctor’s role when considering possible investigatory or treatment options and, their advisory role in discussing with a patient any risks of injury which may be involved in any recommended treatment and possible alternatives.’

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Ropewalk Clinical Negligence Blog, 14th June 2023

Source: ropewalk.co.uk

Costs of case manager meetings cannot be claimed, master rules – Law Society’s Gazette

Posted June 26th, 2023 in budgets, case management, costs, dispute resolution, news, personal injuries by sally

‘A High Court judge has ruled that charges for meetings with case managers are not claimable because they do not progress the court case.’

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Law Society's Gazette, 23rd June 2023

Source: www.lawgazette.co.uk

Cardiff: Trampoline park owner sentenced over injuries – BBC News

‘The owner of an indoor trampoline park where four children broke their legs has been given a suspended sentence.’

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BBC News, 20th June 2023

Source: www.bbc.co.uk

Breakdown of medical agency costs ‘irrelevant’, court finds – Law Society’s Gazette

Posted June 12th, 2023 in compensation, costs, expert witnesses, insurance, news, personal injuries by sally

‘An experienced district judge has ruled it is “irrelevant” how medical reporting costs are broken down, as the debate over non-party disclosure takes another turn.

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Law Society's Gazette, 12th June 2023

Source: www.lawgazette.co.uk

NEWS Hybrid claims appeal given permission to be heard in Supreme Court – Law Society’s Gazette

‘Multiple-injury motor claims with a bearing on thousands of other cases will be tested in the Supreme Court, it was confirmed today.’

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Law Society's Gazette, 7th June 2023

Source: www.lawgazette.co.uk

High Court dismisses negligence claim over failed group action – Legal Futures

‘The High Court has struck out a negligence claim against the law firm and eight barristers who acted on a failed group action on behalf of more than 40,000 Kenyans against the Foreign Office.’

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Legal Futures, 30th May 2023

Source: www.legalfutures.co.uk

New APIL head: Fixed costs will trigger decade of litigation – Legal Futures

Posted May 12th, 2023 in appeals, costs, negligence, news, personal injuries by sally

‘The extension of fixed recoverable costs (FRCs) later this year will lead to “poor behaviours” by some parties and a decade of litigation to clarify how they work, the new president of the Association of Personal Injury Lawyers (APIL) has predicted.’

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Legal Futures, 12th May 2023

Source: www.legalfutures.co.uk

Infected blood victims and families urge UK government to drop defence – The Guardian

‘More than 500 people taking the government to court over the contaminated blood scandal are urging it to concede the case in light of evidence heard by a public inquiry and an interim report produced by its chair.’

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The Guardian, 23rd April 2023

Source: www.theguardian.com

Judge’s “dismay” at conduct of High Court claim – Legal Futures

Posted April 18th, 2023 in amendments, news, personal injuries, pleadings, pre-action conduct, railways by sally

‘A High Court judge has expressed her “dismay” that there was no pre-trial review in a case that was discontinued on day four of a trial that had been listed several months earlier.’

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Legal Futures, 18th April 2023

Source: www.legalfutures.co.uk

QOCS changes in April 2023: the practical and tactical implications for claimants and their solicitors – Gatehouse Chambers

‘In what is becoming something of a pattern, the Rules committee have come along to clear up the anomaly resulting from the decisions in the Appellate courts, this time in Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654; [2018] 1 WLR 6137 and Ho v Adelekun [2021] UKSC 43; [2021] 1 WLR 5132.’

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Gatehouse Chambers, 16th March 2023

Source: gatehouselaw.co.uk

Submarines, Sherlock Holmes and Clinical Negligence – Ropewalk Clinical Negligence Blog

‘A topic close to my (legal) heart, and one upon which I have been known to speak unprompted at some length, is the correct approach to fact-finding where several possible causes, or causal mechanisms, are suggested for the damage under investigation: a common feature of clinical negligence (and, more widely, personal injury) litigation.’

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Ropewalk Clinical Negligence Blog, 29th March 2023

Source: ropewalk.co.uk

Negligence and sports injuries: common threads – 12 King’s Bench Walk

‘Czernuska is the latest of a series of judgments determining whether injuries sustained during competitive sporting fixtures were caused by negligence. This blog considers the general principles and themes on liability that emerge from this kind of litigation by looking at Czernuska v King [2023] EWHC 380 (KB), Fulham Football Club v Jones [2022] EWHC 1108 (QB) and Tylicki v Gibbons [2021] EWHC 3470 (QB).’

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12 King's Bench Walk, 23rd March 2023

Source: www.12kbw.co.uk

Excalibur & Keswick Groundworks Ltd v McDonald – 3PB

Posted April 11th, 2023 in chambers articles, civil procedure rules, costs, news, personal injuries by sally

‘In Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18, the Court of Appeal has confirmed the difficulty of removing QOCS protection from a claimant who discontinues at the last moment. This follows previous decisions in the same spirit, such as Mabb v English [2017] EWHC 3616 (QB).’

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3PB, March 2023

Source: www.3pb.co.uk

QOCS and obstructing “the just disposal of proceedings” under CPR 44.15(c) in Excalibur and Keswick Groundworks v McDonald [2023] EWCA Civ 18 – 39 Essex Chambers

Posted April 11th, 2023 in chambers articles, civil procedure rules, costs, news, personal injuries by sally

‘It is a frustrating scenario which will be familiar to many defendant personal injury practitioners. A claimant moments before a trial begins, decides to file a notice to discontinue. The defendant, who has spent years building the defence at significant cost and expense, is unable to recover its legal costs because the claimant is protected under the Qualified One Way Costs Shifting (“QOCS”) regime. Is a defendant able to set aside this notice of discontinuance on the basis that the Claimant’s last-minute conduct has “obstructed the just disposal of proceedings” and thereby remove QOCS protection under CPR 44.15(c)? This issue came before the Court of Appeal in the recent case of Excalibur and Keswick Groundworks Limited v Keswick [2023] EWCA Civ 18.’

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39 Essex Chambers, 29th March 2023

Source: www.39essex.com

Law firm to “harness power of ChatGPT” for clinical negligence cases – Legal Futures

‘The biggest specialist personal injury firm in the country is working on ways to harness the power of technology related to ChatGPT to help it handle medical negligence claims.’

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Legal Futures, 11th April 2023

Source: www.legalfutures.co.uk