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Lawrence Caun considers the implications after Barclays Bank was held liable for a GP’s historic sex abuse ‘In assessing whether it was fair, just and reasonable to impose liability on the bank, many judges may not have found it difficult to conclude that Dr Bates’ actions in undertaking the medical examinations were entirely in pursuit …
Continue reading "Sexual Abuse Claims: A new boundary for vicarious liability?"
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Liam Ryan reviews the recent decision of Fletcher v Keatley and how a court should, and can, approach a claim for psychiatric injury where a claimant has been found to have purposefully exaggerated their symptoms ‘A judge doesn’t need to be bound unequivocally to one party’s expert evidence (although it will always be persuasive) and …
Continue reading "Dishonesty: Truth, lies, exaggeration and the judicial crucible"
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In part one of a two-part consideration, Kirsty McKinlay and Amy Rollings examine damages recoverable from package holidays ‘Holiday claims are an exception to the general rule that in a contract claim, a claimant can be compensated for the “disappointment, the distress and the upset and frustration caused by the breach”.’ Recent stories of Ryanair …
Continue reading "Travel: Wish you weren’t here? Quantifying holiday claims"
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Paul Jones looks at the effect of fundamental dishonesty on QOCS ‘A claimant who brings an unsuccessful personal injury claim will only lose their protection against adverse costs if they have passed beyond dishonesty into the murkier realms of “fundamentally dishonest”.’ The American lawyer Clarence Darrow (most famous for his role in the Scopes Monkey …
Continue reading "Costs: The limits of dishonesty"
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Stephanie Prior reports on whether cohabitees are at a disadvantage claiming damages ‘The law remains unchanged. Cohabitees who have a tie of love and affection for each other, and live together for over two years at the time of their partner’s death, are precluded from being awarded bereavement damages.’ There is no remedy for dependants …
Continue reading "Fatal Accidents Act: Is it time for a change?"
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Paul McGrath highlights when defendants should consider obtaining an order and/or assessment of costs ‘The power to order a set-off was available against damages and costs and was “no different from and no more extensive than the set-off available to or against parties who are not legally aided”.’ Where the standard provisions of QOCS apply, …
Continue reading "QOCS And Set-Off: In the balance"
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Measure of damages for wrongful invasion of personal autonomy; compensation; cause of action; recusal; alleged bias ‘The claimant argued that there is emphasis on the right of the patient not to be subject to treatment “interfering with [their] bodily integrity” without their informed consent and emphasis on the proposition that due protection should be given …
Continue reading "Case Report: Shaw v Kovac & anor [2017] EWCA Civ 1028"
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Charlie Cory-Wright QC and Sadie Crapper summarise government proposals for changing how the discount rate is set ‘The government believes the current assumption that claimants will only invest in very-low-risk investments is unrealistic and may produce significantly larger awards than provide 100% compensation.’ The moment we all were waiting for arrived on 7 September 2017 …
Continue reading "The Discount Rate: All change please"
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Helen Gill-Thwaites and Karen Elliott advise what to expect from your expert and assessors ‘While SMART is an assessment tool it is more accurately described as a “intensive investigative strategy” by examining the impact of all of the key principles as described in the RCP guidelines 2013.’ Accurate assessment of a client with prolonged disorders …
Continue reading "Prolonged Disorders Of Consciousness: Accurate assessment and investigation of clients"
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George Davies provides an invaluable insight and his personal view on how fraud cases are currently being dealt with by the courts ‘The current reality is that we have to litigate with an increasingly imperfect system.’ Up until a few years ago, allegations of fraud in road traffic claims were taken very seriously by the …
Continue reading "Fraud: Dealing with the new reality"
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