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Latest Personal Injury News

  • Personal Injury - 9, November
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    Local Authorities are liable for abuse by foster carers

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    Posted by Joanna Lewis

    Armes v Nottinghamshire County Council [2017] UKSC 60 The Supreme Court has ruled by a majority of 4:1 that a local authority was vicariously liable for the abuse committed by the foster parents of a child in the 1980s. However, the Court rejected the argument that the local authority was liable on the basis of … Continue reading Local Authorities are liable for abuse by foster carers

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  • Personal Injury - 8, November
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    Fundamental Dishonesty and QOCS

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    Posted by Christopher Taylor

    An analysis of the recent Court of Appeal decision in Howlett v Davies and Ageas insurance Ltd [2017] EWCA Civ 1696 On 30th October this year Lord Justice Newey gave the leading judgment of the Court of Appeal in this latest case that sought to clarify the exception to the general rule that a losing Claimant … Continue reading Fundamental Dishonesty and QOCS

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  • Personal Injury - 8, November
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    Approval of Protected Party Settlements and Ability to Withdraw Not Incompatible With Human Rights

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    Posted by Lauren Seager

    Parties are still feeling the effects of the change in discount rate back in March. In the case of Revill v Damiani [2017] EWHC 2630 (QB) the court permitted the Defendant to resile from a settlement agreement reached in a protected party claim. Whilst it may be unusual for parties to seek to void such an … Continue reading Approval of Protected Party Settlements and Ability to Withdraw Not Incompatible With Human Rights

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  • Personal Injury - 24, May
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    Claimants Can Pursue Unknown Drivers

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    Posted by Lauren Seager

    Yesterday, the Court of Appeal gave an important judgment in the case of Cameron -v- Hussain [2017] EWCA Civ 366. The Court decided that the driver of an insured vehicle did not have to be named in order to for obligation of the insurer to satisfy a judgment under Section 151 of the Road Traffic … Continue reading Claimants Can Pursue Unknown Drivers

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  • Personal Injury - 18, May

    Training on abuse claims provided by Queen Square Chambers

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    Posted by James Dowse

    Joanna Lewis, Christopher Taylor and Lauren Seager recently delivered training on abuse claims to a nationwide firm of solicitors.  The Personal Injury team here at Queen Square Chambers recognise that this is an area in which the number of enquiries and claims are growing. Claims involving abuse can involve unique and complex problems such as … Continue reading Training on abuse claims provided by Queen Square Chambers

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  • Personal Injury - 3, May
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    Case Report – John Hancock v DHL Supply Chain Ltd

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    Posted by Christopher Taylor

    On 27th April 2017 Mr Recorder Blohm QC gave judgment following a heavily contested 3 day quantum trial at Bristol County Court. It is perhaps notable for: a) the level of award for PSLA and b) an award for loss of congenial employment being made (£5000) for a lorry driver. Key facts The Claimant was … Continue reading Case Report – John Hancock v DHL Supply Chain Ltd

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  • Personal Injury - 16, March
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    McBride and Clayton: Nil excesses and 7 day versus 28 day rates in Credit Hire cases

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    Posted by Lauren Seager

    On 15th March 2017 the Court of Appeal handed down judgment in the conjoined appeals of McBride v UK and Clayton v EUI, both of which raised issues as to the effect nil excesses provided by credit hire companies. Key Points Stevens v Equity is good law The absence of a nil excess available in … Continue reading McBride and Clayton: Nil excesses and 7 day versus 28 day rates in Credit Hire cases

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  • Personal Injury - 8, February

    Highways Claims – Lack of inspections over the weekend undermined Section 58 Defence

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    Posted by Lauren Seager

    In a rare defeat for a Highway Authority the Court of Appeal has held that their system of inspection of reported defects by the next working day was inadequate where it resulted in a delayed inspection of defects reported on a Friday: Crawley v. Barnsley MBC [2017] EWCA Civ 36 One Friday afternoon a member … Continue reading Highways Claims – Lack of inspections over the weekend undermined Section 58 Defence

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  • Personal Injury - 2, February
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    Applications for Pre-Action Disclosure fixed costs decision

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    Posted by Lauren Seager

    Applications for Pre-Action Disclosure in portal claims still subject to fixed costs even where it has fallen out of the portal. The Court of Appeal held that fixed costs apply to applications for pre-action disclosure in cases which start off within the personal injury portals even where it has fallen out by the time of … Continue reading Applications for Pre-Action Disclosure fixed costs decision

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  • Personal Injury - 25, January
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    Pedestrian struck by car: Wooldrige v George

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    Posted by Lauren Seager

    Judge Walden-Smith handed down judgment this week in another useful pedestrian versus car case holding the driver primarily liable. The claimant had been out drinking and was in the process of crossing the road when he was struck by the defendant’s car. It was accepted that the defendant had not been distracted and was driving … Continue reading Pedestrian struck by car: Wooldrige v George

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  • Personal Injury - 28, September
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    Experts in personal injury cases – a second opinion?

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    Posted by Lauren Seager

    Supportive experts are fundamental to the success of a personal injury claim. So what happens when your client loses confidence in your chosen expert or they can no longer continue their assistance? You are really only left with three choices: Proceed with what you have (and hope for the best); Put further questions to the … Continue reading Experts in personal injury cases – a second opinion?

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  • Personal Injury - 31, August

    Infant Settlements… what the court wants

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    Posted by Christopher Taylor

    “No settlement, compromise or payment….shall be valid….without the approval of the court” CPR 21.10 The rules surrounding children and protected parties is generally well known and set out in CPR 21 and 21PD. It is worth remembering that reasons given for having the Courts approval is: to protect the child from incompetent lawyers to give … Continue reading Infant Settlements… what the court wants

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  • Personal Injury - 27, July

    Slippers and Trippers

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    Posted by Hamish MacBean

    Download a round up of The Highways and Occupiers’ Liability Acts by Hamish MacBean from 2012. Hamish’s practice is wide-ranging, encompassing a mix of personal injury and general civil litigation work. His experience of court work includes involvement in fast and multi-track trials, interim hearings and detailed assessments of costs. Hamish is a forceful and … Continue reading Slippers and Trippers

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  • Personal Injury - 27, July

    Fatal Accident Claims

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    Posted by Chris Taylor

    Introduction Claims arising from the death of a party due to the negligence of others are frequently encountered but involve complex issues and are deserving of special attention. The Legal Framework The estates’ claim under the Law Reform (Miscellaneous Provisions) Act 1934 (“LRMPA”) The dependants’ claim under the Fatal Accidents Act 1976 The relatives’ claim … Continue reading Fatal Accident Claims

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