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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Restitutio In Integrum: ‘What’s done cannot be undone’

Christopher Kennedy QC considers the principles behind the notion of ‘full compensation’ in cases involving serious personal injury and how they have been applied ‘What sounds perfectly straightforward in the judgment of an eminent jurist can appear more challenging when considering the messy facts of an individual case.’The phrase ‘restitutio in integrum’ means restoration to …
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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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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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Clinical Negligence: Deputyship costs – why the ‘one size fits all approach’ does not work

Christine Bunting looks at Robshaw v United Lincolnshire Hospitals NHS Trust which saw, what is believed to be, the highest ever clinical negligence award made at trial and outlines the specifics of the case and its implications ‘When it comes to calculating future deputyship costs, there is no such thing as a “typical” case.’When the …
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