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Dr Tracey Ryan-Morgan examines the effects of mild traumatic brain injury ‘There are brain changes in mild traumatic brain injury, but these are not a precursor to permanent cognitive deficits. Indeed, MTBI is classically defined as an essentially reversible syndrome without any detectable pathology’. The issue of what constitutes a minor head injury, and what …
Continue reading "Minor Head Injury And Concussion: A review of the evidence"
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Paul Jones discusses fixed success fees ‘The key issue, so held the judge, was that there was no express definition of a disease with CPR 45.23. In the absence of a particular definition, the court could only interpret disease within the ordinary meaning of that word.’ Fixed success fees have resulted in far fewer cases …
Continue reading "Costs: When is a disease not a disease?"
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Liability; manual handling accidents ‘The reasoning of this case provides encouraging reading for claimants and their advisers and dispiriting reading for defendants and theirs.’ This case provides a telling illustration of the stringency of the Manual Handling (Operations) Regulations 1992 and the evidential difficulties that a defendant is likely to face rebutting liability under such …
Continue reading "Case Report: Ghaith v Indesit Company UK Ltd [2012] EWCA Civ 642"
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Case management; appeal; limiting expert evidence ‘Prior to the CPR, experts were effectively part of a party’s legal team – the experts did not meet and this situation would rarely arise. Furthermore, prior to CPR 35.4(1) parties were free to call as many experts as they wished.’ In this case, Lord Justice Lewison, with unanimous …
Continue reading "Case Report: Guntrip v Cheney Coaches Ltd [2012] EWCA Civ 392"
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Harry Trusted investigates the economic factors that have influenced the approach to valuation for catastrophic injury claims ‘The increasingly desperate state of western economies produces the severest problems for those who cannot tailor their lives to deal with events. Badly disabled claimants cannot take investment risks because they need their care and they have no …
Continue reading "Development Of Quantum: Comparative awards of damages"
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Bill Braithwaite QC discusses syrinxes and cysts in spinal cord injury ‘If a syrinx develops, but does not cause a financial consequence, there is no point in seeking provisional damages because the whole point of the provision is to allow the court to award further damages.’ In my world, we’ve all known about syringomyelia for …
Continue reading "Syringomyelia: Catastrophic loss"
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Stephanie Prior looks at the London Ambulance Service’s need to review their inadequate system ‘The system to deal with emergency calls is dependent on answers to four key questions, which in turn prompt other questions to be asked. The call is then classified in one of six categories, which determine the urgency with which an …
Continue reading "Undue Delay: Emergency response required"
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Andrew Young considers claims arising from accidents at sea ‘Reform of the Athens Convention was agreed at an international conference held in London in 2002, but these reforms will only come into force when ten of the signatory countries have formally indicated their acceptance.’The recent capsizing of the Italian cruise ship, Costa Concordia, has focused …
Continue reading "Applicability Of The Athens Convention: All aboard"
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Andrew Hogan examines issues regarding mitigation ‘Those representing claimants have argued successfully that because independently purchased insurance benefits are to be regarded as res inter alios acta, they may not be relied upon by a defendant tortfeasor to reduce or extinguish his liability to the claimant.’ Some credit hire claims, particularly where the claimant is …
Continue reading "RTAs: Comprehensive insurance, courtesy cars and credit hire"
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Charles Gibson QC and Adam Heppinstall review the Supreme Court judgment in the atomic test veterans litigation ‘The Court of Appeal, reversing Foskett J’s judgment at first instance, had found that all nine lead claims were statute-barred under s11 (or s12, where the claim was brought on behalf of a deceased).’In what will become a …
Continue reading "Group Actions: Novel approach"
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