Bionics: Advances for accident victims

David Hills looks at the future of prosthetic provision for amputees ‘Improvements in technology have increased the cost of both upper and lower limb prostheses quite considerably, and the resultant long-term prosthetic care of clients. More importantly, technology in this field appears to be moving forward at an even faster rate.’ In personal injury and …
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Terminology: When is an RTA not an RTA?

Philippa Dunstan discusses the confusing issue of what constitutes a ‘road’ and ‘road traffic accident’ and the interface between motor insurance and employers’ liability insurance ‘Case law on what is covered by a motor or EL policy has not changed recently but the wording of the legislation is difficult and it is perhaps worth a …
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Costs: What constitutes proceedings?

Paul Jones considers the cost consequences of pre-issue Part 36 offers ‘While ”proceedings” could be given a sufficiently wide definition to include work done prior to the issue of proceedings, where there were no proceedings at all, there could not be said to be a deemed costs order in proceedings that didn’t exist.’ CPR Part …
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Interim Payments: Strength of liability arguments

Laurence Gilford analyses CPR Part 25 and the Electricity at Work Regulations 1989 ‘Regulations require work to be carried out in such a manner as to not give rise to danger, so far as is reasonably practicable. This amounts to a comparable duty to the common law duty of care in negligence.’ On 22 July …
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Pension Reforms: Saving a NEST egg

Amanda Fyffe contemplates the implications of reform on loss of pension claims ‘The change in dynamic of the working vs retired population has led to additional demand for the provision of state pension benefits, leading to an increasing financial strain on the state purse to ensure the cost of state pension benefits can be met.’ …
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Case Report: Delaney v Pickett & anor

RTA victims; criminal activity ‘The ex turpi causa principle as applied in the MIB agreement, on its wording, must be referring to a serious crime and be subject to a de minimis rule.’ The issue of whether a claimant should succeed in an action in tort, which occurs during criminal activity, at first appears a …
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Case Story: The importance of finding the right narrative

Julian Matthews examines the psychological impact of clinical accidents, and the important role lawyers may have to play in the psychological health of those at the centre of clinical negligence litigation ‘Those who experience adverse medical outcomes that were, or were believed to have been, the result of negligence on the part of the medical …
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