August 2018 Contents
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Personal Injury Articles, August 2018 | |
![]() Despite the introduction of legislation several decades earlier to restrict employee exposure to carcinogenic asbestos dust and fibres, claims for mesothelioma continue to present in significant numbers. The HSE Summary Statistics [2017] predict deaths due to mesothelioma will continue at a rate of 2,500 per annum until 2020. This is primarily due to... |
![]() The NHS has been able to recover the costs of treating those who have suffered an injury due to the fault of another for some time. Part 3 of the Health and Social Care (Community Health and Standards) Act 2003 allows compensation payments for treatment in hospital or ambulance services. Illnesses are, however, excluded from this... |
![]() Matthew Boon and 18 others v (1) Dale Pritchard (2) Nigel Mordescai (Liverpool CC, HHJ Gregory, 14 February 2018)... |
![]() The question of whether an employer should be held liable for deliberate criminal assaults upon its employees by an independent contractor has been considered by the Court of Appeal in its recent judgment in Barclays Bank plc v Various Claimants... |
![]() A reminder - when claimants suffer life changing injury and accept a lump sum payment method of compensation, the same is calculated by reference to a rate of return over their lifetime on the theoretical basis of expected earnings from investments of that sum against inflation. The method uses the 'Discount Rate'... |
![]() In a decision which will be widely welcomed by schools, Liverpool County Court has found that a physical education activity during which the claimant pupil was injured was reasonably safe and adequately supervised, hence no liability could attach to the local authority... |
![]() As many of you may have heard in the news, tour operators have warned that British tourists could be banned from all-inclusive package holidays in some countries, or the price of going on all-inclusive holidays could rise, as there has been a huge spike in reports of holiday sickness, mostly from British tourists... |
![]() Case analysis of Molodi v Cambridge Vibration Maintenance Service and another [2018] EWHC 1288 (QB), [2018] All ER (D) 136 (May) by Dan Wood, barrister at Ropewalk Chambers and Peter Ward, associate at DAC Beachcroft Claims Ltd... |
![]() At the start of July, an article in the Economist discussed the obvious difficulties arising from wearing wigs and gowns in Court during a heatwave. As the heatwave intensified over July and the start of August, the article appeared prescient, though not perhaps for the reasons the author intended. In many civil cases, of course, the problem... |
![]() The Damages (Investment Returns and Periodical Payments) (Scotland) Bill was introduced to the Scottish Parliament in June 2018 and provides a new method of fixing the Discount Rate with the aim of ensuring fairness and certainty... |
![]() Here is a summary of the recent notable court cases over the past month... |
![]() Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Second appeal on Herbert v HH Law Limited [2018] EWHC 558 (TCC)... |
![]() In the last five years, within the current legal services sector, changes have been so radical that consumers are undoubtedly confused. It used to be that if you had a legal problem, you would automatically turn to a solicitor. Paying for the services of a solicitor was not given a second thought, especially if there was the possibility of legal funding (legal aid)... |
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Clinical Negligence Medicine by Dr Mark Burgin | |
![]() Dr Mark Burgin discusses the implications for courts of the results of freedom of information requests on three groups of doctors sitting a knowledge test... |