14 Oct 2019
I recently found myself at trial, facing a man who had hit himself with a sledgehammer. Not a likely basis for a personal injury claim, you might think, and you are probably right. However, somewhere along the line two things happened; the Claimant decided that it probably wasn't his fault,…
Insurance
08 Oct 2019
A Claimant who injured himself with a sledgehammer has lost his claim for personal injury at trial. The facts The Claimant had been tasked to work on a joint venture construction project by his employer, a labour-only sub-contractor. On 11th September 2014 the Claimant, who was a highly…
Insurance
05 Sep 2019
On 16 May 2019, the Mental Capacity (Amendment) Act 2018 received Royal Assent and is expected to come into force in the Spring of 2020. This legislation will create a new and more streamlined model for authorising deprivations of liberty in care and will replace the current Deprivation of Liberty…
Insurance
15 Aug 2019
Saleem & Rizwan v Rochdale Borough Council In October 2017, the First Claimant was taking his daughter, the Second Claimant to school. It was alleged that as they walked through the school grounds, they both tripped and fell in the missing part of a dilapidated grate. They brought a claim…
Insurance
15 Aug 2019
Rees v Co-operative Group Ltd The Claimant alleged that she had tripped in an uncovered drain situated in the car park of one of its stores. After investigating the claim, breach of duty was admitted but the Claimant was put to proof as to the manner and happening of the accident. It was the…
Insurance
15 Aug 2019
Cox v Bury A Claimant's claim for personal injury was dismissed after the Court concluded that the alleged pothole was not cause of the Claimant's accident. The Claimant alleged that she tripped in a pothole measuring in excess of 50mm and sustained a fractured elbow. The Claimant…
Insurance
15 Aug 2019
A Local Government Ombudsman (LGO) has ruled in favour of a father who sought action against Lancashire County Council (LCC) for its refusal to investigate his complaint. LCC had refused to instruct an independent investigator because the affected child had not provided his consent to escalation of…
Insurance
17 Jul 2019
A Joint Committee on Human Rights has welcomed the proposed draft Fatal Accidents Act 1976 (Remedial) Order 2019 ("the Remedial Order") to extend the right to claim bereavement damages to cohabiting couples. The Committee notes that it is regrettable that it has taken twenty years following…
Insurance
15 Jul 2019
The Lord Chancellor has today announced that the new discount rate will be set at minus 0.25%. The announcement follows a comprehensive review of the rate as provided for in the Civil Liability Act 2018. Currently the discount rate stands at minus 0.75% after it was controversially reduced in 2017…
Insurance
27 Jun 2019
Cullum v Rainbow Amusement Park Ltd A Claimant brought a claim for personal injury after she alleged that she had been injured whilst riding on the "Twist" fairground ride at the Defendant's Amusement Park. The popular "Twist" ride rotates in one direction whilst the…
Insurance
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