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Case review 01/26/2022
In February 2010, the claimant suffered a brain injury and physical injuries whilst detained in hospital. Liability was established in favour of the claimant and the quantum trial took place in May 2021. There were various considerations in this case, but two of the key issues in dispute related to future care and capacity.
Case review 01/25/2022
Hot on the heels of the judgment in the case of Stansfield v BBC [2021], the High Court has handed down judgment in Palmer v Mantas & Anor [20.01.22]. The claimant received an award for damages in excess of £1.6m for her minor traumatic brain injury (mTBI) in the face of allegations in regard to fundamental dishonesty.
Case review 01/25/2022
In the case of NAX V MAX & Anor [2021], the claimant suffered serious and life changing injuries following a road traffic accident on 23 November 2018. Whilst the defendant admitted primary liability, causation and contributory negligence were raised as an issue within the defence.
Article 01/25/2022
The COVID-19 pandemic has been a global health and economic crisis with devastating effects. For many countries, the focus has shifted to economic recovery and growth. Integral to this is the safety of workers’ physical and mental health. In this article, we provide a cross-jurisdictional review of how COVID-19 risk will be regulated by criminal enforcement agencies in the UK, US and Australia.
Article 01/24/2022
As we approach the second anniversary of COVID-19 related restrictions in the UK, HM Courts & Tribunals Service has published its evaluation of remote hearings which were quickly adopted when in-person hearings could not take place. Looking to the future, how will the courts be holding hearings? Remotely or in-person?
Case review 01/21/2022
On 13 January 2022, the Court of Appeal handed down the latest judgment considering whether a defendant can be held liable for psychiatric injury suffered by a close relative of a primary victim of clinical negligence.
Article 01/20/2022
On January 19, 2022, New Jersey’s Governor, Phil Murphy, passed S.B. 1559 into law, referred to as the New Jersey Insurance Fair Conduct Act (“IFCA”). The IFCA creates a private cause of action for injured motorists to sue insurance companies that “unreasonably” deny or delay paying claims for uninsured (“UM”) or underinsured motorist (“UIM”) coverage.
News 01/20/2022
The appointments of Gavin Henderson and Daniela Fusi, both formerly Clyde & Co (Scotland) partners, takes the total number of fee earners to 23 across our offices in Edinburgh and Glasgow, with more new fee earners expected to join in the coming months as we enjoy another record year.
Article 01/14/2022
The Building Safety Bill was introduced to the House of Commons on 5 July 2021, just over four years since the Grenfell Tower disaster. Royal Assent is expected to be given to the Bill in July 2022. In our latest factsheet, our experts explore how the Bill will impact every stage of a higher-risk buildings life, from planning, design, construction to occupation and management.
Case review 01/12/2022
The High Court dismissed a claim for asbestos-related lung cancer after declining to find evidence sufficient to cause a breach of duty or to double the risk of contracting a lung cancer.
