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Personal Injury Blog Category

19th February 2018
The devastating loss of a loved one killed through someone else’s fault is a situation that, frankly, our law struggles to deal with: what value should be put on the loss of a life, and how should compensation be calculated? The dreadful answer is that, although financial costs such as funeral expenses can successfully be claimed, in law a life in itself has no financial…
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26th January 2018
The High Court in London recently gave guidance on the provisions of fundamental dishonesty and the potential consequences for anyone found to be making a fundamentally dishonest personal injury claim. In the case of the London Organising Committee for the Olympic and Paralympic Games (in liquidation) v Sinfield the court ruled that a volunteer injured while working at the 2012 London Olympics was fundamentally dishonest…
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22nd January 2018
More and more people are discovering the joys of strolling in the countryside and most of those who enjoy rambling in the great British outdoors do so in the knowledge they are likely to come across hazards and obstacles – so can you claim compensation if a walking accident causes injury? One of the key elements in pursuing such a compensation claim is to establish…
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21st December 2017
And so Christmas is here – the time of year when happiness abounds. It is the season for fun and festivities, family gatherings, time spent with old friends and new, reunion with loved ones, presents, laughter, all-round Christmas cheer. But it is also prime season for alcohol-related road accidents. The current maximum sentence for drink or drug-driving is 14 years, and soon even a short…
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01st December 2017
Our government recently announced its intention to consider forcing all cyclists to wear a helmet: transport minister Jesse Norman has said his compulsory helmet review will be based on available evidence. It seems the matter will be considered as part of a general government review on bike safety announced following a recent series of high-profile incidents involving cyclists killed or seriously injured on our roads.…
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13th November 2017
A recent Portsmouth County Court ruling decided a compensation claim, which resulted from a low-speed car accident, was fundamentally dishonest – and the claimants are now likely to be ordered to pay the defendants’ legal costs. On appeal it was argued that in their defence the defendants should have clearly stated they intended to allege fundamental dishonesty but the appeal court disagreed. Our courts will…
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08th November 2017
For some years now the Road Traffic Act 1988 has been in conflict with European directives on insurance and providing cover for third party liabilities but, notwithstanding this, successive UK governments have failed to implement these European directives. More recently, court cases such as Damijan Vnuk –v– Zavarovalnica Triglav (2013) and Delaney –v– the Secretary of State for Transport (2014) have repeatedly indicated that court…
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08th November 2017
The second Sunday in October this year saw a very healthy turnout for the 2017 Chichester half marathon – if you were looking closely you might have seen nine runners pounding round the 13-mile course in George Ide colours to raise much-needed funds for local brain injury charity Headway West Sussex. It was an exhilarating experience that I will remember for the enthusiasm and camaraderie…
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03rd November 2017
A recently reported Supreme Court case considered the plight of a claimant who was physically and emotionally abused by one of two foster carers and sexually abused by the other. Concluding the case, Armes –v– Nottinghamshire County Council, the judges decided by a majority to extend the doctrine of vicarious liability. This doctrine states that an employer – in this case a local authority –…
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06th October 2017
Since I last wrote in this column there have been many healthcare stories that would merit more than mere acknowledgement here. Not least, Ian Patterson was convicted and sentenced for performing unnecessary cosmetic operations, giving rise to a High Court compensation award totalling some £30m and, in our own area, a report criticised the provision of mental health services by Sussex Partnership NHS Foundation Trust.…
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