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Jonathan Godfrey examines the replacement of services provided by the deceased pursuant to s3 of the FAA ‘A “free standing” claim for loss of earnings falls outside the scope of s3 of the FAA. It does not refer from a benefit that would have accrued had the deceased survived.’The remit of s3 of the Fatal …
Continue reading "Dependency Claims: An odyssey around Section 3 of the Fatal Accident Act 1976"
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Paul Jones analyses a recent case in which costs were incurred before and after the introduction of the current proportionality rules ‘In deciding whether the costs claimed are reasonable and (on a standard basis assessment) proportionate, the court will consider the amount of any additional liability separately from the base costs.’ If one could somehow …
Continue reading "Costs: Additional problems with proportionality"
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Rushmi Sethi explores the inter-relationships between personal injury and employment law, when dealing with liability for psychological injury in occupational stress claims ‘The inter-relationships between tortious liability in personal injury practice and employment law practice with regard to occupational stress claims involve “some overlap”, because there are potentially two different fora available for redress with …
Continue reading "Occupational Stress: Two of a kind"
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Alexander Hutton QC shares his insight into the revised Practice Direction 51L ‘Sir Rupert’s conclusions required the marrying up of contemporaneous electronic time recording with importation of that data straight into an electronic form of bill of costs without one needing to reinvent the wheel every time as is the case presently.’ On 3 October …
Continue reading "Electronic Billing: The new bill of costs is coming"
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James Healy-Pratt gives a valuable insight into the potential problems practitioners might encounter when dealing with claims after aviation accidents ‘Emergency evacuation cases present complex legal and technical challenges. It is also worth noting that these types of accident can frequently be seconds away from a very different and more deadly conclusion.’As a helicopter pilot, …
Continue reading "Aviation Law: International claims in emergency evacuation incidents"
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Mamta Gupta reviews the continuing developments in the understanding of obstetric brachial plexus injuries ‘New data following recently completed trials have shown that a substantial majority of OBPIs can be prevented with accurate management, as per the Green-Top Guidelines, and therefore must be caused mostly by actions or omissions of the accoucheur.’The medical landscape around …
Continue reading "Shoulder Dystocia: An ever-changing landscape"
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Paul Jones discusses the degree judges are bound by the approved costs budget ‘Budgets are intended to provide a form of control rather than a licence to conduct litigation in an unnecessarily expensive way.’ Costs budgets were a central pillar of Lord Justice Jackson’s civil litigation reforms with the stated intention that they would deliver …
Continue reading "Costs: Costs management and detailed assessment"
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Philippa Barton investigates the risks and pitfalls of sending damages to vulnerable clients ‘If there is any risk the client may not be able to manage the damages award in their own best interests, the first step is to obtain a formal assessment of capacity.’Most personal injury practitioners will at some time or another act …
Continue reading "Damages Awards: Keeping it in control"
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The High Court has ruled that a claimant’s part 36 offer was a counter offer, consequently an earlier without prejudice offer was no longer open for acceptance. Gemma Witherington reports ‘It has long been the position that, unless it is withdrawn, a Part 36 offer can be accepted notwithstanding any prior rejection or counter offer.’In …
Continue reading "Settling Claims: Counting the cost of rejection"
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Contributory negligence; Occupiers Liability Act 1984; dangerous state of premises ‘Judge Gore QC also concluded that while the defendant was not obliged to fit railings it had been under an obligation to warn users of the “dangerously low parapet”.’On the 10 September 2010, while wheeling his bicycle across an ornamental footbridge in one of the …
Continue reading "Case Report: Edwards v London Borough of Sutton [2016] EWCA CIV 1005]"
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