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Personal Injury Blog Category

04th May 2018
Technological advances have enabled prosthetics manufacturers to create some incredible devices for amputees – but these limbs do not come cheap and the National Health Service has competing priorities and demands on a finite budget. NHS England plans and buys specialised services for people with complex disability needs, including lower and upper limb amputees – according to its website, the NHS works to ensure it…
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09th April 2018
If you are injured at home in your rented accommodation and your accident was not your fault you may have grounds for a damages claim. As the occupier of a property you do not own, you have limited rights and obligations to effect necessary repairs. Although a responsible landlord will have made sure the property is safe before your tenancy begins, we are often asked…
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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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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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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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