The Practical Lawyer

Personal injury

Children – schools’ duty?

A school student had put on her PE kit, and was running to the hockey field. On the way she deviated from the path, and slipped on some mud. She fell, and hurt her elbow.
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Credit hire – no liability to pay?

A credit hire contract will say that the hirer must pay the credit hire charges. It will also say that those charges can be deferred while they are recovered from the negligent third party. 
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Travel sickness – obstacles

There are many obstacles to bringing a travel sickness claim. Indeed, such claims have been actively discouraged by the CA judgment in Wood [2017]:
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QOCS – counterclaim

Can a defendant bring a PI counterclaim, and then claim the benefit of QOCS (qualified one-way costs shifting)?
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Negligence – hospital receptionist

The Supreme Court has given an important decision in finding that a hospital receptionist was negligent because she gave a misleading waiting time.

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Inquest – suicide?

The High Court has recently held that the civil standard of proof should apply to an inquest finding that the deceased took their own life. Prior to this decision, there was a criminal standard (ie ‘beyond a reasonable doubt’).

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Noise – de minimis

Insurers have won an important victory in noise-induced hearing loss claims, in successfully raising a de minimis defence.

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Contrib – child?

Can an eight-year-old child be guilty of contributory negligence? In principle, the answer is ‘yes’, but in practice, ‘no’.

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Medical expert – prison

A ‘reckless’ medico-legal expert has been sent to prison for contempt, because of false medical reports.

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Part 36 – high-percentage offer

Any Part 36 offer must be a ‘genuine attempt to settle the proceedings’ for it to be valid. Accordingly, an offer by a claimant to settle on the basis of 100% liability by the defendant will never be effective.

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