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Articles
Compensation Claims - Cold comfort for claims farmers
Sir David Clementi has put consumers at the centre of a properly regulated legal system, but personal injury lawyers are bitterly disappointed that claims management companies appear to have slipped through the regulatory net yet again...
Dental Negligence – An Overview
We all feel a little vulnerable when we are told to lay back and open wide while the man in the white tunic prepares to poke and prod around in our mouths. Dentists are, of course, skilled professionals and the vast majority of procedures run completely smoothly, whatever the anxieties of the patient in the chair. But like any medical procedure, things can go wrong, and sadly sometimes do...
Slip Trip and Fall Claims on Highways caused by Block Drains
Section 41 HA 1980 makes the highway authority responsible for maintaining public highways. Moreover, s392 makes it clear that ‘maintenance’ includes ‘repair’. But, does that duty extend to repairing and maintaining drains beneath the highway surface? Likewise, does it mean that the authority is responsible for cleaning blocked drains, or even dealing with the consequences of inadequate drainage?
Medical Claims – What is the Correct Treatment
Following the decision by the Court of Appeal in Rogers v Swindon NHS Primary Care Trust (2006), the popular press suggested that the Court of Appeal had opened the floodgates to having new, unapproved treatments provided to patients regardless of the cost. This is far from the truth. In fact, anyone reading the judgment will see that the Court made it clear that if the Primary Care Trust had decided not to give the drug on grounds of cost, then they were unlikely to have found that the refusal of the drug on such grounds was irrational...
Medical Negligence Claims – Private Medicine Issues
The government has been aware of the need to ensure regulation of the private health sector, akin to the NHS regime of regulation, since the late 1990s. At last in December 2005 the Healthcare Commission announced that it is putting steps in place to reach a level playing field between the private and public sectors by 2008...
Road Traffic Accident Compensation Claims – Putting the 5mph injury threshold to the test
Much has been promulgated about soft-tissue neck injury in recent years, and it is often cited that below a certain speed change injury will not occur. Many studies have been made, primarily in the US, following collision testing of one sort or another...
A recent case involved a secretary to a partner in a leading London law firm who was exposed to ‘excessive keyboarding’. She successfully brought an RSI (upper limb disorder) claim based on a breach of the Display Screen Equipment Regulations 1992...
Personal Injury Claims Statistics: Is there a Compensation Claim Culture in the United Kingdom
This article seeks to identify the most reliable sources of statistical information about the workings of the personal injury litigation system in the United Kingdom, to present their principal date in clear, straightforward and accessible form, and to subject them to critical analysis. These figures provide the basis for an initial examination of the claim that a damaging compensation culture has developed in the UK in recent years...
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