I suspect I am not alone in acknowledging that the issue of mental capacity can be devilishly challenging. However, I am strongly of the opinion that all professionals working in the field of capacity carry a grave responsibility, in the interests of justice and of human rights, when seeking to protect some of the most vulnerable in our society. In this article, I will seek…
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Neurological rehabilitation therapy – neurorehabilitation – teaches or re-trains patients how to recover or improve their communication skills and mobility, as well as other aspects of their daily lives. The main aim of such therapy is to get patients’ skills working at the highest possible level as a step towards adopting a positive mood and rebuilding their self-esteem. Neurological rehabilitation can offer all patients great…
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A recent survey revealed tailgating, the practice of driving too close to the vehicle in front, as the UK’s most loathed driving habit. Amongst the 1,000 people surveyed, tailgating finished ahead of not indicating, leaving full-beam headlights on at night, and cutting in. Interestingly, middle-lane hogging and drivers who refuse to let a vehicle pull out were further down the bad-habit list. While these practices…
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Rugby fans like me will be happy that the Six Nations Championship is now well under way – but rugby, as a full contact sport involving heavy body collisions between two or more players, often results in serious injury to amateur and professional players alike. It is widely accepted that, by participating in a game, rugby players accept a certain risk of injury and, in…
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Cases involving falls from height are still too common despite the UK’s current working at height regulations. These rules place significant obligations on employers who require work to be done at locations from which, if there are no precautions in place, a person could fall a distance liable to cause personal injury. One such case arose from an incident involving the removal of asbestos roof…
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In November 2018, the UK government published its response to a public consultation on road safety for cyclists and pedestrians. As a personal injury lawyer and a keen cyclist, I contributed evidence as part of the consultation – I have also been considering the Department for Transport’s response and future plans. The government’s ultimate aim is clearly expressed: by 2040, most people should travel short…
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The use of surveillance evidence in personal injury claims is becoming more and more common. Insurance companies representing defendants continually use undercover surveillance to question a claimant’s credibility or undermine their claim. An insurer may consider it worthwhile and cost-effective to gather this type of evidence if there is a possibility that the value of a claim might be substantially reduced or perhaps even dismissed…
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Currently each European Union country is subject to laws enabling anyone who is unlucky enough to have a car accident abroad to make a claim in their own country against a foreign insurer and, by law, every EU insurance company must be represented in every EU country. So if you have an accident in France, for example, you can claim directly through the insurer of…
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According to the children’s game, stepping on the lines between paving stones was to be avoided at all costs, although the penalty for doing so was often unclear. However, the unfortunate consequences of stepping on a defective drain or manhole or drain-cover are clearer. Injuries sustained in this way range from grazes and shock to broken bones and, in extreme cases, death – and raising…
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The Law Reform (Contributory Negligence) Act 1945 provides for apportionment of responsibility for loss between a personal injury claimant and defendant if both have contributed to the damage – and when it is proved that the claimant’s own negligence contributed to the damage or loss, a defendant is often required to pay a significantly-reduced sum in compensation. Contributory negligence defences are common in personal injury…
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Remote Hearings in Family Proceedings – Justice From The Comfort Of Your Own Home?
It has been over 16 months since we entered the first lock down, and many of us have become dab hands at video calls on platforms we hadn’t even heard of before March 2020. Zoom,... Read News
