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Personal Injury Law Journal: April 2015

Stephen Cottrell outlines the art of drafting schedules of loss in catastrophic injury claims

Catastrophic injury cases are difficult to define – but you tend to know one when you see one. Clearly, severe traumatic brain injuries and ‘complete’ spinal cord injuries fall within this category, but so too do some very severe orthopaedic injuries. For present purposes, a ‘catastrophically injured’ claimant will:

Roger Cooper looks at a line of authorities in relation to road traffic accidents which has confused the standard approach to liability

Are you aware of the ‘coincidence of location fallacy’? This article seeks to identify what it is and asks whether it adds to a lawyer’s understanding of the cause of action founded on negligence.

Paul Jones contemplates what the current costs trends mean for the future of London practices

Hourly rates are one of perennial areas of dispute on any costs assessment. Defendants always claim they are much too high whereas the claimant will maintain that they are entirely reasonable and justified in light of the issues in the case. The reality is that they are often assessed by the court somewhere in between which satisfies neither party, as happened in the recent case of Kelly v Hays (2015).

Suzanne Farg explores the aims and construction of the new Act coming into force

On 12 February 2015 the Social Action, Responsibility and Heroism Act 2015 (SARHA) was given Royal Assent and its substantive provisions are likely to come into force in the near future.

Vehicular trespass to the person; battery; self-defence; ex turpi causa; volenti non fit injuria

This case provides an enlightening illustration of the liability principles applicable when a driver uses their vehicle deliberately to inflict force on another person.

Anna Macey reports on a Court of Appeal case with important points on privacy for personal injury claimants

In JX MX (by her mother and litigation friend AX MX) v Dartford and Gravesham NHS Trust [2015] the Court of Appeal gave judgment, and set down detailed principles, on when anonymity orders should be used in personal injury approvals hearings for children and protected parties.

Richard Scorer considers failure to protect claims

Over the last three years, since the revelations about Jimmy Savile, child abuse scandals have dominated the media. Many more victims have come forward and there has been a significant increase in prosecutions for sexual offences. Some of these prosecutions relate to ‘historic’ offences, ie crimes committed decades ago. Other prosecutions relate to more recent events, for example, child sexual exploitation in Rochdale and Rotherham. This wave of prosecutions shows no signs of abating and many victims will also look to the civil courts for compensation. Because their abusers are often ‘men of straw’, victims will consider whether claims can be brought against organisations that are alleged to have failed in their duty of care to the victim. Frequently, that organisation may be a local authority.