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Personal injury

Ogden – adjustments

The 6th edition of the Ogden Tables came into force in May 2007, and set out a clear methodology for calculating the correct multiplier in respect of future loss of earnings.

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Accidents – no negligence

In 2005 there was much press comment about the existence of a ‘compensation culture’, where every injury must be someone’s fault, and thus give rise to a claim for damages.

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Latex – damages

Latex allergy is permanent. It is a particular risk for nursing staff and accordingly hospitals have to be constantly on guard against such risks.

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Psychiatric injury – forseeability?

A recent case illustrates the problems when claiming for pure psychiatric injury.

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MRSA – liability

An article in the Personal Injury Law Journalsummarises key points when considering claiming for MRSA infection:

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Damages – update

The Judicial Studies Board has issued a new (9th) edition of its PI general damages guidelines (called At a Glance, published by OUP).

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Costs – illegal retainer

Irrespective of arguments about failure to comply with conditional fee requirements, it is always possible to argue that the other side’s retainer is tainted by illegality.

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Work equipment – definition

The question of what constitutes ‘work equipment’ for the Provision and Use of Work Equipment Regs 1998 is an important one. This is because ‘work equipment’ must be suitable in any respect in which it is reasonably foreseeable that it will affect the health and safety ‘of any person’.

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Stress – foreseeability

In Hatton [2002] the CA laid down relatively strict guidelines on bringing stress claims. The key point was that there had to be a ‘plain indication’ that the employee might go over the edge from mere stress to actually suffering injury to health.

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Foreign accident – applicable law

A foreign accident that is litigated in the UK may involve our domestic courts deciding the case using foreign law.

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Page 43 of 46

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Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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