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Personal Injury Law Journal: September 2011

Simon Trigger considers the cost perils of overstating your case

The question of what constitutes success in a piece of litigation was recently revisited by the Court of Appeal in the case of Medway Primary Care Trust & anor v Marcus [2011].

Sharon Nash finds that awareness of correct tax treatment helps prevent professional negligence

For many personal injury (PI) clients, the damages they receive are needed to provide care and support for the rest of their lives. Reduced returns on funds held on deposit within court funds and lowered bank and building society interest rates already place an added strain on maintaining PI clients’ capital. The added cost of using third-party carers rises with inflation and this situation is further compounded by increased tax and National Insurance obligations. Consequently, using family members to provide that care is often the most cost-effective solution but, in many cases, these family members may be paying unnecessary tax and National Insurance, which eats into the damages award.

reviews the basis of compensation Malcolm Johnson

Child pornography is a multi-billion dollar industry. The statistics published by the Child Exploitation and Online Protection Centre ( demonstrate the dramatic increase in arrests arising out of this kind of crime. The problem is recognised globally by Article 34 of the United Nations Convention on the Rights of the Child, which came into force on 15 January 1992 and enjoins member states to protect children of exploitation of this nature.

Andrew Sands and Nick Leech provide guidance on allocation between capital sum and periodical payments in high-value cases

Periodical payments represent tax-free, inflation-proof, secure, lifelong income, thereby eliminating mortality and investment risk, and should consequently be given proper consideration. This is particularly the case now the courts have ordered that periodical payments must be indexed to the Annual Survey of Hours and Earnings (ASHE) 6115, an index specifically tailored to increases in carers’ earnings. The cost of care forms a dominant part of compensation packages for severely disabled claimants.

Stuart McKechnie gives practical tips on how to optimise claims

The schedule of loss is the most important quantum document in any serious clinical negligence case. This article provides guidance on how to construct such a schedule and maximise the most common heads of loss. It also identifies some of the key quantum issues facing practitioners in this area of law.

Children and road traffic accidents; degrees of negligence

This case deals with the all-too-frequent situation where a child playing with a ball on the pavement follows the ball into a road and is hit by a car. Although the Court of Appeal emphasised that its decision was dependent upon the facts of this particular case, its approach gives both a further example of this type of case and guidance on the general approach to be taken.

Paul Jones identifies costs certainty at the expense of insurers

An argument that is often raised by defendants is that a claimant has exaggerated their case. Even where the claimant succeeds in their claim, this exaggeration, it is argued, should be reflected in the award of costs. The recent Court of Appeal case of Fox v Foundation Piling [2011] considered this very issue.