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Jonathan Wheeler reviews the case law in the last 12 months A set of recent cases from 2012 have been concerned with establishing whether there is a relationship giving rise to vicarious liability on the part of the defendant at all. Vicarious liability is a doctrine of strict liability on the part of a defendant …
Continue reading "Vicarious Liability: Is the connection close enough?"
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Anna Macey discusses the decision in International Energy Group Ltd v Zurich Insurance plc UK Ltd The relationship between an insurer and an insured is contractual, and the premium reflects the risk the insurer is prepared to take and the price they are prepared to accept for it.In this interesting case the Court of Appeal …
Continue reading "Occupational Disease: Extent of insurance cover for mesothelioma claims"
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Philip Hesketh is interviewed by the editor of Personal Injury Law Journal, Jessica Ross, and provides a practical insight to successful mediation and funding issues that arise Given a greater involvement in case management from the courts it is unlikely that a case will reach trial without mediation having been considered in court at an …
Continue reading "Interview: Talking point"
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Paul Jones examines the cost implications of multiple defendants The general rule was… a starting point that could be departed from in an appropriate case and, in deciding what was an appropriate case, the court had a duty to exercise its discretion so as to do justice between the parties. Claims involving multiple parties always …
Continue reading "Costs: It wasn’t me, it was him"
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Stephen Ashcroft looks at the impact on personal injury and clinical negligence claims Cases where claimants are employed but not in a pension scheme, or who have an erratic employment history, will now be able to claim for loss of pension.The recent pronouncement on the state pension is the latest stage in an overall review …
Continue reading "Pension Reform: Special damages and cost budgeting"
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Chris Gutteridge considers the liability of employers for out-of-office activities Neither partner who had responsibility for organising the event had the necessary skills and knowledge to make a satisfactory risk assessment and so they overlooked the most obvious risk – collision. The rise in popularity of the concept of ‘team-building’ and the quest for a …
Continue reading "Employers: All work and no play"
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Limitation; discretion; burden of proof It should not be necessary for judges in the county court to engage in textual analysis of a series of appellate decisions in order to discern whether a claimant relying on s33 had a ‘burden’ or a ‘heavy burden’ to discharge. This case helpfully provides a final answer to the …
Continue reading "Case Report: Sayers v Chelwood & anor [2012] EWCA Civ 1715"
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Chris Gutteridge contemplates recent decisions of the Court of Appeal on an employer’s liability for injuries sustained by employees who are victims of violence while at work The trial judge was entitled to conclude that the failure to provide full-time guarding did not amount to a failure to take reasonable care for the safety of …
Continue reading "Vicarious Liability: Overworked and under attack"
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Bill Braithwaite discusses the signs that should trigger investigation The management of the patient’s life-threatening injuries may well have taken precedence over investigation into the brain injury, so we should not assume that silence about PTA or coma is indicative. I remember years ago an American brain injury trial lawyer friend of mine told me …
Continue reading "Advocate’s Advice: There’s no such thing as a minor brain injury"
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Julian Matthews reports on a recent application of the alternative approach to causation suggested by Lord Phillips and Baroness Hale in Gregg v Scott Mr Justice Bean found that on the balance of probabilities the failure to diagnose the tumour in March 2006 had caused the claimant’s life expectancy to be reduced by three years. …
Continue reading "Clinical Negligence: Delayed diagnosis in cancer: proof of causation"
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