127 results
31 Jul 2019 11:00
A summer of good weather and iconic races bring out the bikesFinally, summer has arrived with a European wide heatwave and temperatures last week in the UK reaching 38.5 degrees in Faversham Kent; the second hottest UK day on record. This year the Tour de France in its 106th year, celebrated 100 years of the famous Maillot Jaune; the leader’s yellow jersey more...
29 Jul 2019 11:03
3PB Personal Injury barristers Henrietta Hughes and Gabriel Adedeji publish our latest update3PB barristers Henrietta Hughes and Gabriel Adedeji publish our latest Personal Injury Law update covering: New key publications The new discount rate Cases analysis: FD: Daniel O’Brien v Royal Mail Group LTD (May 2019) QBD (Manchester) Hire & Contractual Liability: Andrew Phillips v Aviva Insurance more...
17 Jul 2019 11:00
Lord Chancellor Announces New Discount Rate for Personal Injury ClaimsOn 15 July 2019 the Lord Chancellor announced a new discount rate of -0.25 for personal injury claims. After many years of the discount rate remaining at 2.5, in 2017 the rate was changed to -0.75. This resulted in some considerable debate followed by a call for evidence from the public as to what more...
17 Jul 2019 09:48
Calculation of Personal Injury Compensation Continues to Benefit ClaimantsOn the 15 July 2019, the Justice Secretary David Gauke, announced the new Discount Rate figures used to calculate future losses in personal injury claims. Where a Claimant’s injuries are long term or permanent they may receive a lump sum award to account for their future financial losses and more...
9 Jul 2019 12:54
Bolam is dead. Long live Bolam!In this article Simon Fox QC reviews the Bolam test for breach of duty in clinical negligence in the light of recent case law and asks – is it still the test for breach? Since I transferred from medicine to law 25 years ago, I have always thought that the Bolam test cannot logically apply to many more...
8 Jul 2019 12:09
Man rendered tetraplegic after horrific accident set to realise his ambition to become a barristerA 36-year-old man who was rendered tetraplegic after a horrific road traffic accident is set to realise his long-held ambition to become a barrister after being offered a pupillage in an innovative partnership between a law firm and barristers’ Chambers. Simon Arnold was involved in a serious road more...
4 Jul 2019 09:50
Strawberries, Cream and Occupiers' LiabilityWith the Wimbledon tournament opening on the 1 July 2019 we have seen the emergence of a new £70 million roof on Court One. Not just creating an impressive appearance to one of the largest courts, this also allows for the games to be sheltered from the disturbance of a downpour. And as well as more...
4 Jul 2019 08:55
Bill Braithwaite QC and Chris Allen secure lump sum settlement of £6.225 millionMr Justice Jay approved the settlement which Bill Braithwaite QC and Chris Allen had negotiated at a JSM in the sum of £6.225m on a lump sum basis for a significantly brain injured cyclist. As the case is now the subject of reporting restrictions and an anonymity order it is not possible to provide more...
25 Jun 2019 08:05
Alternative solutions: Collaborative working in larger clinical negligence casesBackground There are many shared frustrations for clinical negligence practitioners. There is one which I believe can and must be addressed for the benefit of patients, other stakeholders and society as a whole. With a mixed PI practice (i.e. between trauma and clinical negligence) focusing on more...
24 Jun 2019 15:54
Exiting the RTA Protocol: Costs and Evidential Considerations - an Analysis by Ikeni Mbako-AllisonIn his latest article, Ikeni Mbako-Allison analyses the costs and evidential considerations arising from exiting the RTA Protocol. Click here to read Ikeni's analysis. more...
24 Jun 2019 15:47
Lies, damned lies and a prison statisticLiverpool Victoria Insurance Company Limited v Dr Asef Zafar [2019] EWCA 392 (Civ) -and- George Eliot Hospital NHS Trust v Elder (2019), QBD, 5 April 2019 Introduction Dr Zafar ran his own medico-legal company, producing over 500 expert reports a year. In February 2012, he examined Mr Iqbal 11 weeks more...
20 Jun 2019 12:23
Case note: Fundamental dishonesty in injury litigationAndrew Lawson has written a note on ‘The Potential Weapon of Fundamental Dishonesty in Personal Injury Litigation‘, after a case at Middlesbrough Crown Court. He was instructed by Nicholas Colgan of Horwich Farrelly Solicitors, Manchester. Read the article here. more...
19 Jun 2019 15:09
Gerard Martin QC and Chris Gutteridge secure £2.5 million settlement for double amputeeGerard Martin QC and Chris Gutteridge have secured a £2.5 million settlement for a Leicestershire man who suffered a double amputation as a result of admitted clinical negligence. In 2015, when the claimant was 56 years old, he was admitted to hospital with painful, numb and cold lower limbs. more...
5 Jun 2019 14:10
Simon Vaughan successfully defends Council against £1 million compensation claimSimon Vaughan from Exchange Chambers, instructed by Forbes Solicitors, has successfully defended Blackburn and Darwen Council against a £1 million compensation claim. Nadia Nazir, 40, took legal action demanding compensation totalling £990,631 to cover damages and care costs after she was injured in more...
28 May 2019 10:06
Timothy Connolly secures £276,250 in damages for "wrongful birth" claimTimothy Connolly was instructed by Nigel Smith, Senior Solicitor and Head of Serious Injury and Catastrophic Law at Clear Law Solicitors in Manchester. The Claimant brought proceedings following the failure of an NHS Trust to properly analyse antenatal scans and identify that the unborn Daughter of more...
22 May 2019 09:19
Complications of spinal surgery - has Pomphrey changed anything?The short answer is no but feel free to keep reading. In Pomphrey v. Secretary of State for Health the Claimant’s claim for damages in respect of the non-negligent complications of spinal surgery failed. His argument was that for a period of 10 months prior to surgery he had symptoms of cauda equina more...
13 May 2019 09:50
Update: Bereavement DamagesBereavement damages have been in the spotlight again following the recent decision of the Court of Appeal in the case of Smith v Secretary of State for Justice. Bereavement awards in England and Wales are provided for under the Fatal Accidents Act 1976. The current award is limited to the sum of £12 more...
9 May 2019 15:52
Exaggeration in personal injury claims: does Smith v Ashwell Maintenance indicate that the landscape is changing for Defendants?Introduction The judgment in Smith v Ashwell Maintenance Ltd [2019] 1 WLUK 541 (23/1/19) may only be a County Court judgment. But it should catch the attention of PI practitioners: it appears to suggest that there is a type of dishonest exaggeration which need not fatally damage a claim. The more...
30 Apr 2019 13:50
Straining the Alphabet Soup: Part 1 — Anonymity orders in Personal Injury proceedingsAmendments to CPR r.39.2; new Guidance issued by the Master of the Rolls; and a recent High Court decision refusing anonymity to a claimant prompt this review of anonymity orders in personal injury proceedings. You act for someone who is vulnerable as a result of a serious brain injury. Her claim more...
11 Apr 2019 13:25
Brain damaged fan could be given season ticketSimon Crabtree represented a Liverpool fan who may be given Anfield season tickets as part of his care package. The man, who cannot be named for legal reasons, was left disabled after suffering serious brain damage in an accident when he was a teenager. He is in a care home and his solicitor, who more...
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