Injuries Abroad: Local standards in package travel cases

3 Hare Court (Chambers of Peter Knox QC) | Personal Injury Law Journal | July/August 2015 #137
Andrew Young reviews a case that highlights the importance of getting contextual evidence for accidents that occur on holiday ‘Those acting for claimants should consider carefully whether there was a known likely risk of an accident which would justify arguing that there was an evidential burden on the defendant to prove that the accident happened.’In …

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Health And Safety At Work: Back to 1898

Deans Court Chambers (Chambers of Craig Sephton QC) | Personal Injury Law Journal | March 2015 #133
Tim Trotman outlines the effect of the Enterprise and Regulatory Reform Act 2013 on personal injury litigation ‘No diminution of a pre-existing national standard is permissible by the introduction of a national law intended to implement European health and safety directives.’ Where a breach occurred before 1 October 2013, regulations introduced under the Health and …

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Statutory Reform: Back to the future

Ropewalk Chambers | Personal Injury Law Journal | November 2013 #120
Jason Cox reports on s69 of the Enterprise and Regulatory Reform Act 2013 ‘So far as it is possible to ascertain the government’s thinking behind s69 of the Enterprise and Regulatory Reform Act 2013, it appears to be part of an attempt to dismantle the so-called “compensation culture’”. More than 20 years after the introduction …

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Breach of duty and causation: Where are we now?

St John’s Chambers (Chambers of Matthew White) | Personal Injury Law Journal | November 2013 #120
Christopher Sharp QC and Matthew White analyse recent developments and provide practical advice ‘Ultimately it may be judicial pragmatism that provides the key (if not a principled solution) to the apparent conflicts in the case law.’ Must a claimant prove that a defendant’s breach of duty caused their loss before being entitled to recover damages …

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