The Practical Lawyer

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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Self-employed – or worker?
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Offences – mens rea
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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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