Damages in fatal claims: Mosson v Spousal (London) Ltd by Paul Stagg

Garnham J's decision in Mosson v Spousal (London) Ltd [2015] EWHC 53 (QB) (http://www.bailii.org/ew/cases/EWHC/QB/2016/53.html), handed down today, contains a number of points of interest in relation to the calculation of damages in fatal claims. The case was brought by the widow of Mr Mosson, who was exposed to asbestos during the course of his employment in the 1960s and 1970s and subsequen... [Continue Reading]

BBC Expose of 'Crash for Cash' Ring by Thomas Crockett

For some light relief (this is being posted on a Friday afternoon after all!) any practitioner involved in PI cases where fraud is alleged could be advised as to look no further than the detailed article published on the BBC Wales’ website about a successful prosecution of a so-called ‘crash for cash’ ring, in this case an extended family. This would appear to be something of an ... [Continue Reading]

Daniel v St George's Healthcare NHS Trust & London Ambulance Service: a human rights cautionary tale? by Francesca O'Neill

  Daniel v St George’s Healthcare NHS Trust  and London Ambulance Service [2016] EWHC 23 (QB) Introduction Edward Bishop QC has successfully defended an NHS trust and the London Ambulance Service against claims under the Human Rights Act 1998 brought by the foster family of a man who died of a heart attack in Wandsworth Prison.  The judgment deals with the legal test for liabi... [Continue Reading]

Another bite at the cherry? Relief from sanctions & changes of circumstances by Thomas Crockett

  The courts’ approach to relief from sanctions is something on an ongoing saga of complexity and appeal, as the disparate permutations the new so-called ‘Jackson Reforms’ present themselves in apparently (at least to the Rules Committee) unforeseen ways.   The Supreme Court last month heard an appeal in the case of Thevarajah (Respondent) v Riordan and others (Ap... [Continue Reading]

T’is the season to be techie ….! by Simon Readhead QC

This is the time of year for families …. and for gadgets. Lots of them! In particular, smartphones. An average 65% of children in the UK aged between 8 and 11 now have their own smartphone.   This figure rises to 90.5% in Newcastle making it the smartphone capital of the UK for children. This compares with 55.2% in London and only 40% in Brighton and Hove.   All this and ... [Continue Reading]

Top personal injury decisions of the Court of Appeal in 2015 by Ian Miller

The Court of Appeal has made a number of important decisions in 2015 in the field of personal injury. As the year draws to a close, Ella Davis and I review some of the most important of them for the PI practitioner. They cover psychiatric damage, causation, quantum, the Athens Convention, jurisdiction, duties of care, vicarious liability and non-delegable duties... Psychiatric Damage Live... [Continue Reading]

The English Claimant and the French uninsured tortfeasor: claims against the MIB by Matthew Chapman

Marshall & Pickard v MIB & Others [2015] EWHC 3421 (QB) These claims arose out of a road traffic accident in the municipality of Thiais, France on 19 August 2012. Mr Pickard, a UK national domiciled in England (now and at the time of the accident), was the driver of a Ford Fiesta. Mr Pickard had a passenger in the Ford Fiesta: another English domiciled UK national, Paul Marshall. While ... [Continue Reading]

Autumn Statement for PI Lawyers by Ella Davis

The government has released a summary of the Autumn Statement with 20 Key Announcements, the last of which will be of great interest to personal injury lawyers. It reads as follows: “20. People will no longer be able to get cash compensation for minor whiplash claims To make it harder for people to claim compensation for exaggerated or fraudulent whiplash claims, the government is endin... [Continue Reading]

Stroke Caused By Beauty Facial Case Settles by Kiril Waite

Claims against negligent beauticians and the like are not altogether uncommon. The injuries tend to be dermatological in nature consequent of some allergic reaction to an untested product. But who would have thought it possible, let alone likely, for someone to suffer a stroke as a result of a beauty facial treatment? Tragically that is what happened to Elizabeth Hughes after her visit to the s... [Continue Reading]

Quantity not quality by Ella Davis

The decision of Foskett J in Reaney v University Hospital of North Staffordshire NHS Trust  [2014] EWHC 3016 (QB) (rightly) caused some excitement in the legal blogosphere when it was handed down in October 2014. It appeared that he had extended the familiar eggshell skull rule by holding that a Defendant who had injured a woman with pre-existing care needs was liable to compensate for her fu... [Continue Reading]

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