Category Evidence
SOCIAL MEDIA AND THE PERSONAL INJURY LAWYER: WEBINAR 31ST MARCH 2020
On the 31st March I am giving a webinar on Social Media and the Personal Injury Lawyer. This webinar looks at two things in detail (i) The ways in which PI lawyers can use social media as a resource to keep up to date in both law and procedure. (Links to useful, blogs, Twitter accounts […]
HOW MUCH SHOULD A LEG COST? DETAILED CONSIDERATION OF SUITABILITY OF PROSTHETICS
Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In Swift v Carpenter [2018] EWHC 2060 (QB) Mrs Justice Lambert carried out a detailed consideration of the value and cost of prosthetic legs. It is unusual for this issue to be considered at length and the judgment is worth reading for that issue alone. …
LOSS OF EARNINGS: CLINICAL NEGLIGENCE AND CAUSATION
The need to prove that a claim for loss of earnings arises from the negligence complained of can be overlooked. A failure to consider the key issue of causation can lead to claims being made which, ultimately, cannot be proven. An example of this can be seen in the decision of Mr Justice Nicol […]
THE EMPLOYER’S DUTY: THE SUPREME COURT STATES THE IMPORTANCE OF RISK ASSESSMENTS
In Kennedy -v- Cordia Services LLP [2016] UKSC 6 the Supreme Court allowed the appellant’s appeal. The case related to Scottish law, however the principles are of general application. It raises interesting issues as to the relevance of “It follows that the employer’s duty is no longer confined to taking such precautions as are […]
BREACH OF STATUTORY DUTY AFTER THE ENTERPRISE AND REGULATORY REFORM ACT 2013 : A SCOTTISH DECISION: DALEKS ARE NOT THAT DANGEROUS AFTER ALL
The precise impact of the ERRA upon liability is still very much open to debate. Some guidance may be found in the Scottish case of Gilchrist -v- Asda Stores Ltd [2015] CSOH 17. A judgment of Lady Stacey where judgment was given on the 17th June 2015. THE CASE The pursuer (claimant to those in […]
FUTURE LOSS OF EARNINGS AT £1,446.431: A HIGH COURT CASE EXAMINED
Continuing with the practice of looking at judicial decisions in relation to loss of earnings we look at Siegel -v- Pummell [2014] EWHC 4309 (QB) where Mr Justice Wilkie considered a claim for loss of earnings where a high achieving IT Consultant. THE CASE The claimant was an IT Consultant and suffered injuries in his […]
LOSS OF EARNINGS IN THE CASE OF A CHILD INJURED AT BIRTH: AN EXAMPLE FROM THE HIGH COURT
It is always worthwhile looking at the way a trial judge has awarded damages for loss of earnings. This assists greatly in advising clients as to the likely approach at trial. In Robshaw -v- United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB) Mr Justice Foskett awarded damages for loss of earnings to a 12 […]
LOSS OF EARNINGS OF A SELF-EMPLOYED FEMALE PHOTOGRAPHER: A HIGH COURT CASE CONSIDERED
One of the aims of this blog is to highlight the various approaches that the courts take to claims for loss of earnings. In Tait -v- Gloucestershire Hospitals NHS Foundation Trust [2015] EWHC 848(QB) HH Judge McKenna considered a claim for loss of earnings for a 34 year old self employed photographer. THE CASE The […]
LOSS OF EARNINGS: SERIOUS INJURY AND THE “LOST YEARS”: HIGH COURT CASE CONSIDERED
The question of whether a child claimant can receive earnings for the “lost years” when their life expectancy is reduced is a difficult one. It was considered by Mrs Justice Elizabeth Laing DBE in Totham -v- King’s College NHS Foundation Trust [2015] EWHC 97 (QB). At the moment the law on this issue is highly […]
CONTRIBUTORY NEGLIGENCE, APPORTIONMENT, CAUSATION, BREACH OF STATUTORY DUTY AND THE EMPLOYEE
In Blackmore -v- The Department for Communities and Local Government ( Exeter County Court 23rd October 2014 – reported on Lawtel) HH Judge Cotter Q.C. made important observations about issues of contributory negligence and apportionment in cases where the defendant is in breach of statutory duty to an employee. THE CASE This was a fatal […]
PERSONAL INJURY: LIABILITY AND DAMAGES 