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Calculating future loss; Ogden ‘It appears the tension arises not from any misunderstanding of the Ogden tables themselves but from these tables providing an indication of a very broad range of problems.’ This judgment provides an interesting discussion of the tension between the judicial and statistical approaches to valuing quantum of future loss of earnings. …
Continue reading "Case Report: John Edward Billet v Ministry of Defence [2014] EWHC 3060 (QB)"
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Liam Ryan considers the implications of a recent case which may suggest stress claims are on the increase ‘While the claimant was unsuccessful, Daniels does indicate that if bullying was found to have taken place, resulting in a psychiatric injury and this was communicated to the employer, then a claim could be brought using bullying …
Continue reading "Stress At Work: Tackling bullying"
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Gurion Taussig reviews recent significant employer’s liability cases ‘The duty upon the employer can not be easily displaced and even hazards with a low risk of eventuating will engage the PPE Regulations.’ This employer’s liability article focuses on some of the more significant decisions of the Court of Appeal in the last 18 months. During …
Continue reading "Workplace Claims: Testing the boundaries"
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The first Court of Appeal decision looking at the QOCS reforms has been handed down, Paul Jones reports ‘The third party’s appeal was simply that QOCS did not apply to the Part 20 proceedings in Wagenaar v Weekend Travel Ltd and Serradj between the defendant and the third party, but the defendant’s appeal was more …
Continue reading "Costs: Qualified one-way costs shifting – round 1"
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Bill Braithwaite sets out the need to be cautious when dealing with insurers in rehabilitation cases ‘There is a common view nowadays that lawyers should help patients to access appropriate rehabilitation, not because it is part of the litigation process, but because we should enable claimants to do their best to rebuild their lives following …
Continue reading "Advocate’s Advice: The real deal"
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Suzanne Farg gives guidance on pursuing clinical negligence claims for ‘wrongful conception’ and ‘wrongful birth’ The essential characteristics of reproductive and antenatal medical treatment are such that negligence in these areas will often have further reaching implications for the patient and his or her family, than negligence in other areas of medicine. Particular examples are …
Continue reading "Compensation: Recovering damages in wrongful life cases"
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Richard Partridge concludes his advice on representing interested parties, in the second part of his article on the coronial process ‘The key to any advocacy, more important than structured, detailed questioning for witnesses, is thorough factual preparation.’ The first part of this article looked at preparation, expert witnesses and applying for adjournments when the coronial …
Continue reading "Inquests: Preparation advocacy and PFDs"
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Charles Dougherty QC and Isabel Barter offer a practical guide to the Consumer Protection Act 1987 ‘It is worth noting that certain products are inherently unsafe but that does not mean that they are necessarily defective.’ Part 1 of the Consumer Protection Act 1987 (CPA), which implemented the European Directive of July 1985 (the directive), …
Continue reading "Consumer Protection Act 1987: Defective products"
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Paul Jones considers the risk factors the court will take into account ‘The fact that the success fee was staged could not be used to justify a higher success fee and, consequently, the Master’s assessment of a reasonable success fee at 30% was a reasonable decision.’ With the growth of fixed success fees and, indeed, …
Continue reading "Costs: Non-fixed success fees – what is reasonable?"
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Manual Handling Operations Regulations 1992; breach of duty ‘The Court of Appeal accepted that the recorder has misdirected herself as to the burden of proof but this was not a reason for setting aside her judgment.’ In this case the Court of Appeal considered whether Mrs Recorder Stocken had correctly dismissed a claim for damages …
Continue reading "Case Report: Helen Jean Sloan v The Governors of Rastrick High School [2014] EWCA Civ 1063"
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