Brain injury: Challenges for claimants

Deirdre Goodwin examines the pitfalls in quantifying brain injury claims ‘Careful investigation is required of the claimant’s pre-accident employment, not only evidenced by payslips but – in respect of the future – the likely career trajectory.’ This is a time of rapid change: the discount rate, appropriate accommodation claims methodology, as well as significant advances …
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Advocate’s advice: Home fee

Bill Braithwaite QC outlines the current issues in following Roberts v Johnstone for accommodation claims ‘The problem of Roberts v Johnstone has become important because of the gradual disparity between damages for pain and suffering and house prices – a sad reflection on the law’s approach to damages for injuries (or a broken property market?).’ …
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Accommodation claims: Behind the times

Philip M D Grundy, Nick Martin, Edward J P Grundy and Matthew Smith explain why Roberts v Johnstone is no longer applicable ‘There is no doubt that several of the potential solutions identified provide both the tortfeasor and the claimant with a range of practical alternatives to the accommodation conundrum.’ At 38.204, McGregor on Damages …
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Accommodation: An all-time bungalow

Nigel Spencer Ley reviews the effect of the new discount rate on accommodation cases like Roberts v Johnstone ‘It cannot be right that a claimant who has a real financial need as a result of the defendant’s negligence has to pay damages to the defendant.’ Amid apocalyptic warnings from insurers as to the impact of …
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Interim Payments: Room for rent

Deidre Goodwin analyses Eeles applications and the case for reviewing Roberts v Johnstone ‘The leit motif running through reported Eeles and trial decisions is that Roberts v Johnstone [1989] is an imperfect solution.’Has the time come to reconsider the validity of the apparently immutable Roberts v Johnstone [1989] principle in order to provide a fairer …
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