Burden Of Proof: Loss of chance

Kingsley Napley LLP | Personal Injury Law Journal | September 2012 #108
Suzanne Farg and Verity Danziger discuss the hurdles to overcome to establish a claim The importance of factual and expert industry evidence cannot be underestimated and, in this case, the quality of the factual evidence was vital in allowing the claimant to bring his loss of earnings claim fully. The method by which the courts …

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Burden And Standard Of Proof: Cash for crash

4 King’s Bench Walk (Chambers of Timothy Raggatt QC) | Personal Injury Law Journal | May 2012 #105
David Sawtell examines the growing instance of personal injury fraud ‘Defending a case on the grounds that it is fraudulent is expensive and time consuming. Sometimes it appears that the case would have little merit if it went to trial.’ Personal injury fraud is now big business. Last year’s report by the BBC’s Panorama program …

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Life Changes: Turning the tables

1 Chancery Lane | Personal Injury Law Journal | December 2011/January 2012 #101
Simon Readhead QC explores what’s new in Ogden 7 ‘The use of updated mortality tables results in an increase in life expectancies for both males and females for all ages up to 96 for males and 98 for females. In some cases the increases are very significant.’ The new edition of the Ogden Tables (Ogden …

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Quantum: Minimising the value of special damages claims

1 Chancery Lane | Personal Injury Law Journal | June 2011 #96
Ben Hicks offers tips to defendants on how to attack schedules of loss ‘A counter schedule is the defendant’s opportunity to present its own interpretation of the evidence and to put forward its own calculation and assessments of the value of the claim.’ Whilst trite, it is worth starting any consideration of how to successfully …

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