87 results
25 Apr 2022 14:19
Exchange Chambers helping to shape new national strategy on ABIExchange Chambers’ Personal Injury and Clinical Negligence Department is helping to shape the government’s new national strategy on Acquired Brain Injury (ABI) by contributing to the recently-launched Call for Evidence. Exchange’s response is being led by Gerard Martin QC, who is also Chair of more...
5 Oct 2021 14:03
Amputations and provisional damagesThe case of Witcomb v JKP Solicitors [2021] EWHC 2038 (QB) is perhaps a cautionary tale. The claimant suffered serious injuries to his leg following an accident in 2002. In 2009 a settlement was agreed. His condition subsequently worsened and he underwent below-knee amputation in 2017. At the time more...
5 Oct 2021 13:54
The limits to fundamental dishonesty: Michael v IE & D Hurdford Ltd (t/a Rainbow) [2021] EWHC 2318 (QB)As a personal injury barrister, I frequently represent Claimants who have been accused of dishonesty. Cases involving allegations of dishonesty are very complex and the stakes are very high. You might be forgiven for thinking that once a Claimant wins at trial they can finally put their feet up and more...
2 Sep 2021 15:53
Seemingly trivial accident causes catastrophic, life-changing injuries and results in multi-million-pound settlementA seemingly trivial accident caused a 10-year-old boy to suffer catastrophic, life changing injuries and led to a multi-million-pound settlement. Bill Braithwaite QC and Chris Barnes from Exchange Chambers acted for the claimant who was the passenger in a car when it was hit from behind at very low more...
28 Jul 2021 15:52
David Kemeny puts the brakes on electric scooters’ law and regulations3PB pupil barrister David Kemeny (pictured here), whose pupillage has a particular focus on personal injury, has published a review of the current regulations and law concerning electric scooters (e-scooters). Cities and towns across the UK are seeing a huge increase in the number of electric more...
13 Jul 2021 11:27
Tony Goff successfully acts for brain injured 7-year-old at contested application hearing for interim paymentTony Goff from Exchange Chambers, instructed by Irvings Law, has successfully represented the interests of a 7-year-old Claimant at a contested application hearing for an interim payment to fund rehabilitation and the purchase of accommodation. Three years ago, the claimant was a passenger in a car more...
21 Jun 2021 15:55
David Sandiford acts for Defendant against Leading Counsel in High Court Fatal Accident ClaimDavid Sandiford from Exchange Chambers has recently concluded a very high value High Court fatal accident claim. The claimant was represented by both Leading and Senior Junior counsel. David advised one of the two defendants from the outset following an in-house instruction from a large regional more...
8 Jun 2021 14:51
SUCCESSFUL CICA APPEAL RESULTS IN MAXIMUM AWARDMatthew Mawdsley (instructed by Neil Sugarman of GLP Solicitors) successfully appealed an initial decision so that the maximum award allowed under the CICA Scheme of £500,000 was made. The applicant, still a child, was a baby when he suffered a brain injury as a result of an assault perpetrated upon more...
8 Jun 2021 14:47
Establishing causation in personal injury claims where there has been an inadequate system of inspection: Hall v Holker Estate Co Ltd [2008] EWCA Civ 1422When bringing a personal injury claim, you will almost always have to prove that the Defendant has done something wrong. However, this is not enough. You will have to also prove that the wrongdoing of the Defendant caused the injuries. Most of the time, this is straightforward. A driver crashes into more...
2 Jun 2021 14:52
Expert evidence on life expectancyChristopher Barnes It is common in more sizeable personal injury and clinical negligence claims for defendants to seek to rely upon expert evidence as to life expectancy. If a claimant smokes, drinks or is obese, the argument goes, then his or her life expectancy must be compromised and it would be more...
26 May 2021 09:26
Louis Browne QC successfully resists contempt of court application after four-day High Court trialAfter a four-day High Court trial in front of Mr Justice Robin Knowles, Louis Browne QC from Exchange Chambers, instructed by Brabners, has successfully resisted an application from an NHS Trust to have his client (DP) committed for contempt of court. DP, through another firm of solicitors, had more...
11 May 2021 11:49
Chris Richards successfully represents prison officer injured in workplace accidentChris Richards from Exchange Chambers has successfully represented a prison officer who was injured in a serious workplace accident. The Claimant was working at a prison as a prison officer. The prison had a gym for staff and prisoners to use. The Claimant in the moments before the accident had been more...
19 Apr 2021 15:44
William Waldron QC and Mark Mulrooney settle catastrophic injury case for £4.4mThe Claimant, a 28 year old semi-professional snowboarder, was catastrophically injured in a road traffic accident in 2017 when the motorbike that he was riding was hit by the Defendant when changing lanes. The Claimant had no recollection of his accident but it was caught on CCTV. The Claimant was more...
22 Mar 2021 11:37
Will Waldron QC and Chris Allen secure £3.15 million settlementWill Waldron QC and Chris Allen from Exchange Chambers have successfully negotiated a £3.15 million settlement for a Claimant with serious polytrauma and internal injuries. Whilst this settlement seems unusually large for a Claimant who had not suffered an amputation or a brain injury, it does more...
8 Mar 2021 11:10
Exaggeration in personal injury claimsAlice Dobbie asks: ‘How far is too far?’ Introduction The principles of fundamental dishonesty in personal injury claims are well-known. The key rule and legislative provisions are twofold: CPR 44.16: QOCS can be disapplied if the claim is fundamentally dishonest. 57 of the Criminal Justice and more...
22 Feb 2021 10:54
£1.6 million settlement for Andrew WardAndrew Ward from Exchange Chambers has secured a settlement at a Joint Settlement Meeting in February 2021 of £1,610,000 on behalf of a claimant who sustained a serious left foot fracture and avulsion of the heel pad when he was knocked off his motorcycle by a car in May 2016. The treating doctors more...
15 Feb 2021 15:48
Insolvent DefendantsPersonal Injury and Clinical Negligence specialists Samantha Openshaw and Gareth Thompson have written an article exploring the options open to those faced with pursuing claims against insolvent defendants be they corporations or individuals. Click here to download the full article. If you wish to more...
9 Feb 2021 16:59
Personal Injury Newsletter – February 2021In the February 2021 edition of the personal injury newsletter: Tactical Management: Taking charge for claimants As a claimant-only advocate, Bill Braithwaite QC explains exactly why he believes that lawyers who represent severely injured claimants should understand the importance of having complete more...
3 Feb 2021 14:22
David Knifton QC and Paul Kirtley recover over £1.6m for amputeeDavid Knifton QC and Paul Kirtley from Exchange Chambers have secured damages of over £1.63m on behalf of a 63-year-old man who suffered devastating injuries in an accident at work in 2018. The Claimant was employed as a fitter, where his tasks included maintenance of large slag carts. As he was more...
27 Jan 2021 10:52
PICN Case Law updatePersonal Injury and Clinical Negligence practitioner Urd Varlo Larsen has written a case law update which considers four important personal injury and clinical negligence cases decided in 2020: First, the decisions in Barclays Bank plc v Various Claimants [2020] UKSC 13 and WM Morrison Supermarkets more...
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