Category Pain & Suffering

2016 IN PERSONAL INJURY: A YEAR IN BLOG POSTS

Throughout 2016 the Zenith Personal Injury  Team have been busy blogging about the latest news in PI and civil procedure. Here, as the first “review of the year” are all the posts topic by topic. POSTS ON PROCEDURE This has been (as always) an interest year in relation to procedure. Vilma Vodanivic considered what happens […]

NEW COMPULSORY SYSTEM FOR OBTAINING MEDICAL REPORT IN WHIPLASH CLAIMS IS ON THE STARTING BLOCKS. ARE YOU READY FOR IT?

 By Kate McKinlay ‘MedCo Registration Solutions’ is the new compulsory system for sourcing medical reports in soft tissue injury claims brought under the PAP for low value PI claims in RTAs. It is a non-profit making organisation with an independent chair and cross industry representative bodies acting as Directors  on its board, namely:-Association of British […]

MONTHLY ROUNDUP: FEBRUARY 2015

Here is a roundup of what we were discussing in February: POSTS ON LIABILITY Justin Crossley considered the circumstances When notice is not required to succeed in an injury claim against a landlord Ruwena Khan looked at the case of Ford -v- Silverstone (2015) QBD in No duty of care owed to extremely reckless friend […]

FIVE MORE IMPORTANT POINTS FOR THOSE ISSUING IN HASTE

 By Gordon Exall Friday is ( or may be)  effectively the last day you can issue under the old fee regime.  This is going to be a busy day for many litigators. Here are five points in an attempt to ensure that no long-term problems arise.

FOUR IMPORTANT POINTS FOR THOSE HASTILY ISSUING PROCEEDINGS THIS WEEK

 By Gordon Exall Twitter and other sources have been full of stories of solicitors issuing numerous proceedings to avoid the (wholly ridiculous) price hike next week.  There are a few things that should be borne in mind by all those who have issued but are not proposing to serve immediately.

A CAPACITOUS PATIENT’S CONSENT TO MEDICAL TREATMENT IS STILL FUNDAMENTAL, EVEN WHERE THE TREATMENT TAKES PLACE IN ACCIDENT AND EMERGENCY

 By Kate McKinlay In the case of Anita Border v Lewisham and Greenwich NHS Trust [2015] EWCA Civ 8, recently heard by the Court of Appeal, a Senior House Officer in the Accident and Emergency Department commenced a treatment in the face of explicit protestation by the Claimant, and without discussing with her what her […]

GENERAL DAMAGES ARE NOT REDUCED BECAUSE OF AGE: THE LAW SET OUT WITH CLARITY

 By Gordon Exall There are many reasons why personal injury litigators should read the decision of Judge Curran QC (sitting as a judge of the High Court) in Miller -v- Imperial College Healthcare NHS Trust [2014] EWHC 3772 (QB). One of the reasons is the detailed analysis of the argument that damages for pain and […]