Category Archive: Personal Injury

Which Motor Insurer Bears Liability? High Court Clarifies the Law

UK motor insurance policies cover the driver, not the vehicle, and disputes can arise if multiple insurers bear potential liability following an accident. In resolving one such disagreement, the High Court gave guidance that will provide invaluable in resolving many others in the future. The case concerned an accident in which a car left the…

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Under-settlement of personal injury claims

Most personal injury claims are settled out of court, meaning the amount of compensation secured is usually based on a combination of the value the lawyers for each side put on the claim and their respective skill at negotiation. While this approach normally allows claims to be resolved faster, at lower expense and with less…

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Children’s Play Facilities Must be Safe as well as Thrilling – High Court Ruling

The Law does not require children to be wrapped in cotton wool and recognises that play facilities must be thrilling as well as healthy. However, as a High Court decision showed, that does not mean that it is acceptable to expose youngsters to reasonably foreseeable risks without adequate warning. The case concerned an inflatable structure…

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Teenager Orphaned by Unique Medical Tragedy Wins £50,000 Compensation

A 16 year old boy whose mother died after a piece of plastic tubing was left inside her following a hear operation will at least receive a financial start in life after his Lawyers negotiated a £50,000 settlement of his unique Clinical Negligence claim. The mother suffered from a congenital heart defect and had gone…

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Pregnancy and Birth Injury Claims

Pregnancy and child birth should be a very special and exciting time in any woman’s life. With over 696,000 births being recorded in 2016 in England and Wales, any woman would expect their local NHS to be well trained, equipped and prepared for the pregnancy and delivery of their baby. Rising statistics can only suggest…

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NHS Breast Cancer Screening Error

In May 2018, Jeremy Hunt admitted that 450,000 women across the UK were not invited to final breast screenings between 2009 and 2018. Mr Hunt confirmed that a technical issue had occurred which dated back to 2009 and was only noticed in 2018. Only women between the ages of 68 and 71 were reported to…

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Costs of Care and Longer Lives Justify Big Clinical Negligence Awards

Awards of compensation in some of the most serious clinical negligence cases can appear very large to the uninitiated. However, as one High Court case showed multi-million-pound pay outs are readily explained by the galloping costs of professional care and ever increasing life expectancies. The case concerned a nine-year-old girl who developed severe jaundice soon…

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Insurers’ Liability in Clinical Negligence Group Action Limited to £10 Million

The wording of even widely used insurance policies is often not as neat and elegant as it should be and that is why judges are so frequently called upon to resolve issues of interpretation. One example concerned a medical company’s multi-million-pound claim on its insurers in respect of more than 700 unnecessary, inappropriate and negligent…

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£9 Million damages won by Mother in ‘wrongful birth’ case

In an extremely rare wrongful birth case, a woman who would have terminated her pregnancy had she been aware that her son would be born gravely disabled has won a record £9 million in compensation from a negligent GP. The woman was aware that haemophilia ran in her family and had attended her local surgery…

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Vaginal mesh – Have you been affected by this procedure?

What is vaginal mesh? Vaginal mesh is a medical device that is surgically implanted into women who are suffering from pelvic prolapse or stress urinary incontinence. Initially becoming popular in the 1970’s, reports show that between April 2007 and March 2015 more than 92,000 women in England had vaginal mesh implants. There are a number…

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