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Browse \ Tags \ Personal Injury

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The Armed Forces Compensation Scheme: A Case for Reform

The Armed Forces Compensation Scheme, which provides injured veterans with compensation, has a number of well-documented flaws that have the effect of denying justice to deserving claimants. A number of different reforms to the way in which the system operates would therefore be welcome.

12:00, 12th January 2018
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A Struggle to Soldier On? Reforming Psychiatric Injury Claims for the Military

The law that governs when persons can claim compensation for negligently caused psychiatric harm is beset with problems for all claimants. However, for former members of the Armed Forces, the nature of their job and the experiences that come with it mean the problems are arguably far more stark.

11:00, 26th September 2017
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No Safety, Know Pain: Time to Celebrate the HASWA 1974

Health and safety legislation is invariably greeted with scepticism. Myths concerning bans on conkers and the putting up of Christmas decorations have meant that the importance of the law in this area oft goes unnoticed. But it is time to give credit where it is due.

12:00, 10th March 2017
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Commercial Awareness: The Fortnightly Round-Up (w/b 27th February)

Understanding the complex world of commerce is vital for aspiring commercial lawyers. Keep Calm Talk Law's new fortnightly round-up continues, providing a succinct and manageable guide to the commercial stories you should know about.

18:00, 5th March 2017
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A Legal Headache: Negligence, Concussion and Rugby Union

The world of Rugby Union is slowly coming to terms with the serious long-term impacts that concussion can have on players. And while practices are changing to minimise the risk of head injuries, there are some historic cases that could lead to negligence lawsuits - but how would they fare?

12:00, 13th January 2017
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The Law of Vicarious Liability Is On The Move

Lord Philips in Various Claimants v Catholic Child Welfare Society (CCWS) roused: ‘the law of vicarious liability is on the move’. This platitude remains apt today; recent cases have seen both development of the first limb of the vicarious liability test and an extension in scope of the second.

11:00, 16th June 2016
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Whose Justice? The Search for Principled Causation in Negligence

Causation in the law of torts has lost its way in the search for principle. Is there anything that can be done to save it? Has has the judiciary become too claimant friendly on vague notions of public policy, putting people at risk of incurring tortuous liability where they have caused no harm?

12:00, 21st March 2016
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Ill Conceived with Disingenuous Motivations: Personal Injury Reform

The spending review in November 2015 bore troubling news for personal injury (PI) firms as the Chancellor pledged to raise the small claims limit from £1,000 to £5,000 while axing soft tissue and whiplash cash payouts. What is the impact of these proposals, particularly the implications for victims?

12:00, 28th January 2016
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Causation in Mesothelioma Claims: Stretching the Definition

For a tortious claim to succeed, a number of elements need establishing. However, the tests for establishing causation in asbestos claims do not cohere with the every-day construction of it. This article explores that distinction and seeks to explain it, taking a somewhat philosophical approach.

12:00, 12th November 2015
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Unproductible! Losing Clarity In The Law of Product Liability

A recent European Union case has the potential to greatly increase producers' liability for defective products by awarding damages without it being proven that the actual product was defective. Instead, it only had to be shown the production series had a significantly increased risk of failure.

12:00, 4th November 2015
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Holiday Company Liability: Greater EU Regulation Needed?

In 2006, two children died tragically of carbon monoxide poisoning after a defective boiler leaked in their Corfu holiday apartment. Last month, an inquest jury found Thomas Cook negligent, which has raised the question of whether EU regulation is sufficient - mounting pressure for harmonisation.

11:00, 9th June 2015
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Lauren Riley On The Link App

Apprentice star Lauren Riley discusses her business, The Link App. When Lauren went into family practice, she expected to be put through the mill emotionally, but nothing prepared her for the time spent on admin. Consequently, her app is a 21st Century Solution to solicitor-client communication.

12:15, 22nd November 2014
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Fundamentally Dishonest Personal Injury Claims

The growing phenomenon of claimants fraudulently or grossly exaggerating personal injury claims has provided a significant challenge for the courts. The government has responded with the 'Criminal Justice and Courts Bill', which proposes to allow courts to dismiss fundamentally dishonest PI claims.

11:00, 24th October 2014
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Liability in War

A decision from the UK Supreme Court last year provided for the Ministry of Defence's liability in failing to adequately train and equip soldiers in instances that had been presumed to fall within the scope of 'combat immunity'. Jessica Johnson discusses the progression of state liability in war.

11:00, 4th September 2014
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