Features – Page 4
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Fraud in PI law claims
The Law Commission’s retreat on fraud in personal injury is welcome, but raises troubling questions.
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PI diversification poses risks
The trend of non-specialist firms moving into clinical negligence work in a bid to shore up revenues following LASPO could have damaging consequences for the profession.
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Mesothelioma compensation
Mesothelioma Act 2014 does not go far enough for victims of asbestos-related illness.
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Complex regional pain
A consideration of the circumstances in which injuries first considered as innocuous can turn into a catastrophic injury claim.
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Photographic evidence – acceptable manipulation?
What is permissible when images of personal injuries are produced to be used as evidence?
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Civil procedure: CPR 6.9
A recent case offers a reminder of the need to carefully consider the rules on service of the claim form.
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Vicarious liability – the two-stage test
When is an employer responsible for the actions of its employees?
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Local government: abuse of power
A council that evicted a solicitors’ firm from authority-owned offices did so as a ‘punishment’.
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Reasonable foreseeability
The opportunity for a claimant injured at work to rely on a statutory breach was reduced on 1 October by the Enterprise and Regulatory Reform Act (ERRA) 2013.
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Roundtable: personal injury
The Gazette’s latest roundtable looks at the future of claimant personal injury.
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Feature
Mesothelioma Bill
‘One has also to bear in mind that, typically, the worst symptoms of pain, suffering and loss of amenity occur in the last weeks and days of the disease’s progress and that the death… is a horrible one.’(Senior Master Whitaker: Smith v Bolton Copper Limited: Unreported 10 July 2007 QBD) ...
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Assessing costs in clinical negligence cases
Clinical negligence practitioners on both the claimant and defendant sides are waiting with bated breath to see how courts will deal with arguments on proportionality.
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