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Julian Matthews looks at the latest authorities concerning the discount rate ‘The computation of continuing losses in clinical negligence and personal injury claims is entirely dependent upon the assessment of the multiplier. Traditionally the multiplier was assessed by the courts on the basis of precedent.’ In early November 2010 the Lord Chancellor announced a review …
Continue reading "Clinical Negligence: The Damages Act 1996"
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Paul Jones considers when predictable costs apply ‘If neither fixed predictable costs nor fixed small claims track costs applied, then the only remaining option was for reasonable costs on the standard basis to be payable.’ One of the central tenets of the proposed reforms to civil legal costs is that increased use of fixed costs …
Continue reading "Costs: Recoverability"
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Simon Blackburn examines livestock owners’ legal responsibilities to the public ‘The defendant was liable for his negligence in not having properly considered the risk that his cattle posed to members of the public’ The case of McKaskie v Cameron (2009) serves as an illustration that defendants to personal injury claims are just as vulnerable when …
Continue reading "Right Of Way: Hazards of livestock"
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