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Tim Trotman reviews the tests for factual causation following Sienkiewicz v Greif (UK) Ltd ‘The tests can be encapsulated in familiar phrases: “but for”, “material contribution”, “material increase in risk” and “apportionment”, but discriminating factual cases and matching them to the correct legal test has become far more difficult in the recent past.’ This article …
Continue reading "Industrial disease: Divisible and indivisible injuries"
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Vicarious liability; assault; acting in course of employment ‘Recent authorities have highlighted the need to adopt a broad view of the nature of employment and what is reasonably incidental to an employee’s duties under it.’ This case concerns two contrasting decisions in conjoined appeals and addresses when an employer will be vicariously liable for anemployee’s …
Continue reading "Case Report: Weddall v Barchester Healthcare Ltd; Wallbank v Wallbank Fox Designs Ltd"
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Robert Glancy QC and Georgina Hirsch examine whether a tragedy for Gareth Owen Jones will prompt a narrowing of the CICA scheme? ‘When it was first set up, the Scheme simply provided compensation for injuries that resulted from a crime’. While the Ministry of Justice consults on changing the Criminal Injuries Compensation Scheme (the Scheme), …
Continue reading "A Question Of Interpretation: CICA, suicides, and crimes of violence"
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David Hills looks at the future of prosthetic provision for amputees ‘Improvements in technology have increased the cost of both upper and lower limb prostheses quite considerably, and the resultant long-term prosthetic care of clients. More importantly, technology in this field appears to be moving forward at an even faster rate.’ In personal injury and …
Continue reading "Bionics: Advances for accident victims"
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Philippa Dunstan discusses the confusing issue of what constitutes a ‘road’ and ‘road traffic accident’ and the interface between motor insurance and employers’ liability insurance ‘Case law on what is covered by a motor or EL policy has not changed recently but the wording of the legislation is difficult and it is perhaps worth a …
Continue reading "Terminology: When is an RTA not an RTA?"
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Paul Jones considers the cost consequences of pre-issue Part 36 offers ‘While ”proceedings” could be given a sufficiently wide definition to include work done prior to the issue of proceedings, where there were no proceedings at all, there could not be said to be a deemed costs order in proceedings that didn’t exist.’ CPR Part …
Continue reading "Costs: What constitutes proceedings?"
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Laurence Gilford analyses CPR Part 25 and the Electricity at Work Regulations 1989 ‘Regulations require work to be carried out in such a manner as to not give rise to danger, so far as is reasonably practicable. This amounts to a comparable duty to the common law duty of care in negligence.’ On 22 July …
Continue reading "Interim Payments: Strength of liability arguments"
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Amanda Fyffe contemplates the implications of reform on loss of pension claims ‘The change in dynamic of the working vs retired population has led to additional demand for the provision of state pension benefits, leading to an increasing financial strain on the state purse to ensure the cost of state pension benefits can be met.’ …
Continue reading "Pension Reforms: Saving a NEST egg"
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RTA victims; criminal activity ‘The ex turpi causa principle as applied in the MIB agreement, on its wording, must be referring to a serious crime and be subject to a de minimis rule.’ The issue of whether a claimant should succeed in an action in tort, which occurs during criminal activity, at first appears a …
Continue reading "Case Report: Delaney v Pickett & anor"
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Julian Matthews examines the psychological impact of clinical accidents, and the important role lawyers may have to play in the psychological health of those at the centre of clinical negligence litigation ‘Those who experience adverse medical outcomes that were, or were believed to have been, the result of negligence on the part of the medical …
Continue reading "Case Story: The importance of finding the right narrative"
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