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Kevin Donoghue explains the basis on which claims against the police are made and provides guidance for lawyers dealing with these cases using a practical example of one of his cases ‘False imprisonment is defined in Clerk & Lindsell on Torts as the “complete deprivation of liberty for any time, however short, without lawful cause”. …
Continue reading "Compensation: Civil actions against the police – what every lawyer must know"
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Andrew Sands and Nick Leech advocate greater use of periodical payments aided by case law, old and new ‘The ground work laid by the Thompstone cohort of cases should be built upon to widen the use of periodical payments.’ A brief reminder of the benefits of settlement inclusive of periodical payments is always a good …
Continue reading "Investment: Wider use of periodical payments – it’s not impossible!"
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Calculating future loss; Ogden ‘It appears the tension arises not from any misunderstanding of the Ogden tables themselves but from these tables providing an indication of a very broad range of problems.’ This judgment provides an interesting discussion of the tension between the judicial and statistical approaches to valuing quantum of future loss of earnings. …
Continue reading "Case Report: John Edward Billet v Ministry of Defence [2014] EWHC 3060 (QB)"
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Liam Ryan considers the implications of a recent case which may suggest stress claims are on the increase ‘While the claimant was unsuccessful, Daniels does indicate that if bullying was found to have taken place, resulting in a psychiatric injury and this was communicated to the employer, then a claim could be brought using bullying …
Continue reading "Stress At Work: Tackling bullying"
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Richard Partridge concludes his advice on representing interested parties, in the second part of his article on the coronial process ‘The key to any advocacy, more important than structured, detailed questioning for witnesses, is thorough factual preparation.’ The first part of this article looked at preparation, expert witnesses and applying for adjournments when the coronial …
Continue reading "Inquests: Preparation advocacy and PFDs"
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Charles Dougherty QC and Isabel Barter offer a practical guide to the Consumer Protection Act 1987 ‘It is worth noting that certain products are inherently unsafe but that does not mean that they are necessarily defective.’ Part 1 of the Consumer Protection Act 1987 (CPA), which implemented the European Directive of July 1985 (the directive), …
Continue reading "Consumer Protection Act 1987: Defective products"
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Paul Jones considers the risk factors the court will take into account ‘The fact that the success fee was staged could not be used to justify a higher success fee and, consequently, the Master’s assessment of a reasonable success fee at 30% was a reasonable decision.’ With the growth of fixed success fees and, indeed, …
Continue reading "Costs: Non-fixed success fees – what is reasonable?"
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Manual Handling Operations Regulations 1992; breach of duty ‘The Court of Appeal accepted that the recorder has misdirected herself as to the burden of proof but this was not a reason for setting aside her judgment.’ In this case the Court of Appeal considered whether Mrs Recorder Stocken had correctly dismissed a claim for damages …
Continue reading "Case Report: Helen Jean Sloan v The Governors of Rastrick High School [2014] EWCA Civ 1063"
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Meningitis claims present very considerable challenges to clinical negligence lawyers. Julian Matthews looks at a recent decision which illustrates the difficulties, and the importance of clear evidence and analysis ‘If a doctor was faced with a patient where meningitis was strongly suspected that medical practitioner would be negligent in not administering penicillin and immediately referring …
Continue reading "Clinical Negligence: My head hurts"
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Bill Braithwaite sets out the need to be cautious when dealing with insurers in rehabilitation cases ‘There is a common view nowadays that lawyers should help patients to access appropriate rehabilitation, not because it is part of the litigation process, but because we should enable claimants to do their best to rebuild their lives following …
Continue reading "Advocate’s Advice: The real deal"
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