JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) – Law Journals

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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Assessment of damages: Paying unfair

Catriona Stirling and William Latimer-Sayer QC look at some of the key areas of the law in relation to quantum of personal injury damages which they consider to be in need of reform ‘If a head of loss is pecuniary in nature, it should be open to all claimants to advance a claim for it, …

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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Philip M D Grundy, Nick Martin, Edward J P Grundy and Matthew Smith explain why Roberts v Johnstone is no longer applicable ‘There is no doubt that several of the potential solutions identified provide both the tortfeasor and the claimant with a range of practical alternatives to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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Future accommodation: The end of the Roberts v Johnstone award?

Andrew Davis and Juliet Stevens investigate fair compensation for a room of one‘s own ‘The court‘s task in relation to future accommodation is to make an award which ensures a claimant can live in appropriate accommodation for the rest of their life, at no extra cost to themselves and without the burden of borrowing too …

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The Discount Rate: All change please

Charlie Cory-Wright QC and Sadie Crapper summarise government proposals for changing how the discount rate is set ‘The government believes the current assumption that claimants will only invest in very-low-risk investments is unrealistic and may produce significantly larger awards than provide 100% compensation.’ The moment we all were waiting for arrived on 7 September 2017 …

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