September 2015 #138 – Law Journals

Abuse: Protecting children with the help of the Human Rights Act

Kim Harrison explains the importance of the Human Rights Act in neglect and sexual exploitation cases ‘In this case, the court was forced to consider the competing human rights of both sides, weigh up and balance whose rights should be paramount, and clearly came down on the side of protecting of this vulnerable child and …

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Advocate’s Advice: Be prepared

Bill Braithwaite offers a round-up of some notable recent cases in personal injury law ‘There should always be good reasons for a claimant to choose a more expensive option, and it will make life easier for all if those reasons are explained to the insurer.’ As we approach the end of the year I thought …

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Human Rights: The limits of striking out powers

In part two of his article Steven Akerman continues his assessment of section 57’s incompatibility with human rights ‘It seems abundantly clear that the current state of the court’s opinion is that a claim will only be forfeited if the whole claim is tainted to the point that a finding at trial would be unsafe …

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Procedure: The highs and lows of civil litigation

Stephanie Prior considers the effect of recent government cuts and the consequential delay and cost for claims ‘It is now becoming a difficult and often impossible task explaining the process to the client, the reason for the courts delays, the reasons for delays in the litigation and the reason for the deduction of costs from …

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Nervous Shock: Secondary victims of clinical negligence

Julian Matthews looks at the recent case law on psychiatric injury for nervous shock, where there appears to have been a tightening of the relevant control mechanisms ‘Cases of clinical negligence present particularly difficult problems. The factual background of cases can be very different and often quite complex. The nature and timing of the “event” …

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Case Report: Dunnage v (1) Randall (2) UK Insurance Limited [2015] EWCA Civ 673

Liability in negligence for the mentally ill; the duty and standard of care applicable ‘The criminal justice system as a whole is far more sensitive to mental illness. However, civil liability has different considerations at stake.’The claimant (C) was a young man who sustained extreme burns as a result of the actions of his uncle …

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