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Article 26/10/2022
On 16 September 2022, the Council of Appeal ruled in an occupational injury case in which the Council of Appeal were summoned by Kennedys on behalf of the occupational injury insurance company.
Case review 05/05/2022
The claimant, who was studying for a Masters degree in Fine Art, suffered a significant brain injury as a result of a road traffic accident in November 2015.
Article 06/04/2022
The UK’s National Institute for Health and Care Excellence (NICE) has published a summary of consultation responses along with its 2022 guidelines on ‘rehabilitation after traumatic injury’. In this article, we set out our initial thoughts with regard to the new guidelines and the impact these may have on compensators from a claims handling perspective.
Article 15/03/2022
Recent cases suggest courts may be continuing to crack down more on unmeritorious claimants who pursue hopeless litigation. In October 2021’s PI Brief we referred to several judgements of HHJ Andrew Li (HHJ Li) where claimants and/or their solicitors were penalised with indemnity costs and/or wasted costs orders in pursuing a groundless claim. Since then, both the High Court and the District Court have readily taken a more robust approach against meritless claims.
Article 03/03/2022
A whistle stop tour of key Scottish Legal Changes in 2021 and is to follow
Case review 25/01/2022
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 25/01/2022
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 01/12/2021
A roundup of recent court decisions raising issues relating to avoidance of employers’ liability policies, care workers making arrangements to pay for the services of a sex worker, the ‘tort gateway’ and accidents abroad, occupiers’ liability relating to trespassers, ‘uncontroverted’ expert evidence, a landmark Supreme Court decision on QOCS, and workplace traumatic brain injury.
Article 20/10/2021
Welcome to the latest edition of Hong Kong Personal Injury Brief
Case review 20/10/2021
The Supreme Court has handed down its judgment on this tragic and long standing case - FS Cairo v Brownlie.
