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Legal Article

Negligence in Sports Claims

10 Apr 2024

The recent case of Omar Elbanna v Tom Clark [2024] EWHC 627 (KB), in which the High Court handed down Judgment on 20 March 2024, serves as a useful reminder of the duties participants in sports owe to each other, and how they may be breached. The case is a tragic example of how things can go…

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Legal Article

Cash Test Dummies

10 Apr 2024

The Supreme Court has handed down judgment in the conjoined appeals of Charlotte Victoria Hassam & Anor. v Yoann Samuel Rabot & Anor . which clarifies the approach to be taken for the assessment of damages following whiplash reforms. The Civil Liability Act 2018 ('CLA 2018') in…

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Legal Article

Death of a Vulnerable Elderly Lady leads to £400,000 Fine

03 Apr 2024

Susan Greens, a 95 year old resident of Springfield Bank Care Home in Scotland was missing from the grounds on the night of 16th December 2021. Following a search for the missing resident, care assistants located Mrs Greens outside in a courtyard after a fall which had caused injury to her head. Mrs…

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Legal Article

Update to the JC Guidelines

03 Apr 2024

The 17th edition of the JC Guidelines has now been released. Since the first edition in 1992 these guidelines have been the first port of call for valuing general damages in any personal injury claim. Unsurprisingly the figures in the new edition have increased since the previous version. The…

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Legal Article

Claimant's failing memory results in trial win

14 Feb 2024

Our recent trial win in respect of a highways claim is a good reminder that the burden of proof lies with the claimant. In the case the claimant initially alleged in his letter of claim that he was visiting his son's place of work when he tripped because of a pothole. He then subsequently told…

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Legal Article

Challenging expert evidence

14 Feb 2024

The appeal decision of the Supreme Court was handed down towards the end of 2023 in the case of TUI UK Ltd v Griffiths [2023] UKSC 48, providing important clarification of when a court can evaluate and reject an "uncontroverted" expert's report. Mr Griffith's claim arose from a…

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