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Andrew Sands and Nick Leech explain what is involved in setting up an investment strategy aimed at ensuring that lump-sum awards of damages last as intended ‘Once the claimant’s capital and income needs have been ascertained, the remaining balance must be managed on a sustainable basis. One of the principal factors is establishing the attitude …
Continue reading "Investment: Managing damages awards post settlement"
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Paul Jones examines a recent case that illustrates how courts may approach new funding arrangements In the post-Jackson epoch, the litigation funding options will take some time to settle down. Gone will be the ubiquitous Conditional Fee Agreement (CFA) where all the costs (including success fee and ATE premium) were payable by the losing party …
Continue reading "Costs: Credit where credit is due"
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Patrick Vincent and Tom Banks analyse the effect of costs budgets and the new case management powers ‘The principle that defendants ought to be able to gather surveillance without telling the claimant is impossible to reconcile with advertising the existence of surveillance in a budget forecast.’ Surveillance is a familiar battleground for PI lawyers. But …
Continue reading "Surveillance: Are you being watched?"
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Stephanie Prior looks at recent media events and the difficulties faced by victims pursuing claims ‘Civil claims against individuals are often very complex. The individual abuser will be the defendant and it is essential to ascertain from the outset whether or not they are able to pay compensation.’ One only needs to glimpse at the …
Continue reading "Civil Litigation: Compensation for child abuse"
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Employers’ liability; breach and causation; Personal Protective Equipment Regulations ‘This case illustrates the need to identify the statutory criteria as interpreted by the relevant authorities and focus evidence and arguments accordingly.’ This case provides a telling illustration of the stringency of the Personal Protective Equipment Regulations 1992 (the PPE Regulations) and the evidential difficulties a …
Continue reading "Case Report: The Chief Constable of Hampshire Police v Taylor [2013] EWCA Civ 496"
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Bill Braithwaite QC considers what issues arise when there is evidence to suggest a claimant may not have been wearing a seat belt ‘The burden of proof is firmly on the defendant, but this definitely does not mean that the claimant should wait and see how the defence put the argument.’ Seat belt issues never …
Continue reading "Advocate’s Advice: Road traffic accidents"
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Patrick Limb QC examines the decision in the appeal case of IEG v Zurich ‘The relaxation of the causal requirement in mesothelioma claims emerged from the conjoined appeals in Fairchild precisely because the insurers were hoping that such claims would founder on the rock of uncertainty created by the inability to satisfy the “but for” …
Continue reading "Fairchild Rules: Fair enough?"
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In her concluding article, Araba Taylor looks at issues that arise following personal injury ‘Managing the property and affairs of incapacitated clients is best considered as an inter-disciplinary matter, where the trusts and Court of Protection expertise of the private client team can offer real support and assistance to the PI team.’ Clients without capacity …
Continue reading "Client Care: Clients without capacity – managing their property and affairs"
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Richard Lodge and Raoul Lumb discuss the impact of the Act on clinical negligence cases ‘Clinical negligence litigation often involves vulnerable members of society and it is surprising that the Human Rights Act has not, to date, had the impact that was expected.’ As an area of law largely focused on narratives of harm befalling …
Continue reading "Human Rights Act: Use of the Human Rights Act in clinical negligence litigation"
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In conclusion to his two-part article, Julian Matthews reports upon a further recent decision in this complex area of medicine and law, and reflects upon whether similar cases can still be pursued given the recent changes to the rules on costs My last article for the Personal Injury Law Journal concerned awards of damages for …
Continue reading "Clinical Negligence: Delayed diagnosis in cancer cases and proof of causation"
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