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Mamta Gupta reviews the continuing developments in the understanding of obstetric brachial plexus injuries ‘New data following recently completed trials have shown that a substantial majority of OBPIs can be prevented with accurate management, as per the Green-Top Guidelines, and therefore must be caused mostly by actions or omissions of the accoucheur.’The medical landscape around …
Continue reading "Shoulder Dystocia: An ever-changing landscape"
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Charlotte Robinson-Jones provides practical advice on making applications ‘It is likely to be the case that any hearing will take place after the deadline has expired, but as long as the application is made in time, you should hopefully find that the judge is more receptive to your arguments, as they will be applying the …
Continue reading "Case Planning: Back to basics"
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Paul Sankey examines the issues in Dr Sido John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust ‘The “material contribution” test only applies in cases where it is impossible to attribute particular damage to a specific cause and therefore apportionment cannot be appropriate.’The recent case of Dr Sido John v Central Manchester …
Continue reading "Causation: Looking for answers"
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Rushmi Sethi considers the association between trauma and chronic widespread pain ‘A former soldier who developed a chronic widespread pain condition as a result of an accident which occurred while he was serving as a paratrooper succeeded in establishing a claim against his employer where there was a clear temporal association between the accident and …
Continue reading "Chronic Pain: Assessing damages"
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Paul Jones explains the interrelationship between the capped costs of provisional assessment and Part 36 offers ‘The master assessing the costs had found that the cap in CPR 47.15 trumped the right to indemnity costs in 36.17 and it was this decision that the appeal court had to consider.’ One of Lord Justice Jackson’s reforms …
Continue reading "Costs: Area of uncertainty"
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Adam Dyl highlights the importance of foreseeability in the context of determining liability following the recent decision from the Court of Appeal in Scott v Gavigan [2016] ‘While a defendant is not liable for damage that was not reasonably foreseeable, it does not follow that he is liable for all damage that was reasonably foreseeable.’Drivers …
Continue reading "Road Traffic Accidents: Stop, look, listen"
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Andrew Nicoll offers advice for quantifying earnings and planning the future career of an injured client ‘Very, very few claimants are genuinely aware of what might be available in terms of alternative career and how they might gain access to that new phase of their working life.’In many personal injury cases the most significant financial …
Continue reading "Expert Evidence: Hard at work"
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Negligence; contribution to loss; multiple injuries ‘The compromise agreement did not include any reservation of the right of Mr Wright to proceed against the hospital, nor any agreement by Mr Wright to indemnify CCR against any liability it may have to the hospital in any contribution proceedings.’ Assume an accident involving a neck injury to …
Continue reading "Case Report: Wright v Barts Health NHS Trust [2016] EWHC 1834"
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Nicholas Lee discusses the issues surrounding payments on account of costs ‘Where interim costs orders are to be subject to detailed assessment at the conclusion of the proceedings, there seems to be no reason in principle why the court cannot order a payment on account of such costs.’In April 2013 the provisions within the CPR …
Continue reading "Orders For Payment: Arguments over the bill"
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Nick Leech and Andrew Sands consider ‘the Brexit Effect’ on compensation schemes ‘MIB cases per se and pre 2004 Lloyds Syndicate cases can be considered reasonably secure on account of the Thacker decision. However, that is now open to question in the light of Brexit.’ Brexit is taking the blame for much that is negative …
Continue reading "Periodical Payment Orders: A lack of security"
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