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Personal Injury Blog Category

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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15th September 2017
In this column and elsewhere we have previously written about the legal duty of care owed by road users to each other – be they drivers, cyclists or pedestrians. In November last year, national bicycle charity UK Cycling published figures confirming that 98 per cent of all pedestrian deaths or serious injuries between 2005 and 2015 were caused by motorists and, during this period, 852…
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04th September 2017
The government has recently introduced a new online service that lets users view privately-owned vehicles’ MOT histories; all you need is the vehicle’s registration number, along with its make and colour. It is especially important for vehicle owners to note that viewing the DVLA-held information via this website may reveal how many miles a vehicle has done between its MOT tests – and this is…
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21st July 2017
The term ‘never events’ is so dramatic, so final, that it sounds hypothetical – apocryphal, even – but Never Events really do occur in our hospitals, and with alarming frequency. The term is used as a label by the NHS to describe entirely preventable serious incidents whose occurrence potentially, or actually, jeopardises patient safety. Not all Never Events result in serious patient harm or death;…
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13th July 2017
A recent Court of Appeal hearing seems to have provided a positive answer to this very question. The judges in Cameron -v- Hussain (May 2017) considered the case of a car crash victim attempting to claim damages against a driver who had left the scene before being identified. Before this landmark decision, road traffic accident victims were only allowed to claim compensation in court if…
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30th June 2017
The Court of Appeal recently confirmed that, where there is particular risk to another road user, a motorist has a duty to make a final check in the mirrors before completing a turn. This may sound like simple common sense to many drivers, but the case of McGeer v McIntosh provides useful clarification of the duty owed by motorists to other road users, especially cyclists…
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27th June 2017
George Ide’s private client team was involved in a recent Court of Protection case that clarifies the law concerning how best to protect the interests of an adult whose lack of mental capacity prevents them from managing their own affairs. In this particular case, our client received a personal injury settlement after an accident in which he sustained a serious head injury that left him…
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15th June 2017
Not everyone gets excited about data protection – until, that is, it comes to light that miscellaneous personal information has been captured and secretively stored, or is being used in an alarming manner. You may be surprised to learn that the UK’s current electronic information legislation dates back to the last century: the oft-quoted Data Protection Act was passed in 1998, no less than 19…
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05th June 2017
Recent news that former breast consultant Ian Paterson has been convicted and sentenced to 15 years for carrying out hundreds of needless operations is surely to be welcomed as some recompense for the despair and distress of those patients who, as it turns out, underwent unnecessary intrusive operations. But how did it come to this in the first place? After the event it seems quite…
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