Clinical Negligence & Personal Injury

Stephanie Prior, Partner
The Government said that they would not pay for inserting new implants unless the patient can show that they had reconstructive surgery following a mastectomy...

Lehna Hewitt, Trainee Solicitor
Some people claiming compensation after being injured in road traffic accidents may now be able to receive their compensation more quickly and efficiently thanks to a new online claims system...

Stephanie Prior, Partner
Medicine, Science and the Law - July 2011
Stephanie looks at four recent cases...

David Marshall, Partner
PI Focus - July 2011
The Government has confirmed its intention to implement the primary recommendations of Sir Rupert Jackson as a package. They positioned this as a conservative measure, returning to the position to that which existed when conditional fee agreements were first allowed in civil litigation in England and Wales...

Stephanie Prior, Partner
Medicine, Science and the Law - April 2011
Stephanie looks at four recent cases...

Rebecca Sheriff, Trainee Solicitor
Rebecca provides a comprehensive guide to child abuse claims, looking at time limitations, funding options, the process of bringing a claim and what you can claim for...

Stephanie Prior, Partner
Medicine, Science and the Law - January 2011
Stephanie looks at four recent cases...

Rose Niranjanan, Solicitor
Road traffic accidents are common. Whether you are a driver, passenger or pedestrian you could find yourself in the unfortunate position of being injured as a result of someone else's negligence...

Stephanie Prior, Partner
Medicine, Science and the Law - October 2010
Stephanie looks at five recent cases...

Sandra De Souza, Solicitor
It is estimated that 17,000 cyclists are involved in accidents every year in the UK. Facts and figures taken from the Royal Society of the Prevention of Accidents reveal the following...

Stephanie Prior, Partner
A recent case on child abuse has led to an update in child abuse law. In the case the court exercised its discretion to disapply the limitation period in an action for damages for pyschological injuries caused by sexual assaults...

Rebecca Sheriff, Trainee Solicitor
Rebecca investigates the legal issues arising from the mis-insertion of the implanon contraceptive device...

Stephanie Prior, Partner
Medicine, Science and the Law - July 2010

It has been 13 years since the Clinical Disputes Forum was established. It is a multidisciplinary body that was set up as a consequence of Lord Harry Woolf’s Access to Justice Inquiry...

Stephanie Prior, Partner
Medicine, Science and the Law, July 2010

Stephanie looks at five recent cases...

Stephanie Prior, Partner
Medicine, Science and the Law

Stephanie looks at four recent cases...

Stephanie Prior, Partner
The partner of a man who went into hospital for a routine left total hip replacement has been awarded compensation of £25,000...

Stephanie Prior, Partner
The Claimant, (A), was admitted to Lewisham Hospital on 13 June 2006 following a fall in the street. A was 77 years of age at the time...

Stephanie Prior - Partner
The Claimant, (G), was 29 years old at the time of events in question. G already had two small children, aged 3 years and 6 months respectively, when she attended her local family planning clinic seeking contraceptive advice. On 8 December 2005, G returned to her local family planning clinic where she had a contraceptive implant inserted into the upper part of her left arm...

David Marshall, Partner
Managing Partner - December/January 2010

Claims for workplace intimidation and harassment were among those expected to increase as the economic downturn impacted on everyone's workload. Law firm HR policies could usefully include information about effective time and stress management...

Stephanie Prior, Partner
Personal Injury Law Journal - December 2009/January 2010

Stephanie highlights the possible effects of the new pensions rules on personal injury claims...

Stephanie Prior, Partner
Medicine, Science and the Law - January 2010

Stephanie looks at four recent cases...

Mariko Wilson, Personal Injury team
On 12 November 2009 The Coroners and Justice Act 2009 received Royal Assent. The Act includes the first major reforms of the coroner system for over 100 years as well as provisions aimed at improving the experience of victims of crime and witnesses who come into contact with the judicial system...

Amanda Hopkins, Solicitor
Personal Injury Law Journal - October 2009

Amanda Hopkins delves into the ambiguities of limitation periods...

David Marshall, Partner
Solicitors Journal - 6 October 2009

David reviews how the courts determine causation and calculate compensation in stress at work claims...

Stephanie Prior, Partner
Personal Injury Law Journal - July/August 2009

Stephanie examines recent changes to mental health laws, with a focus on the deprivation of liberty safeguards...

Stephanie Prior, Partner
Medicine, Science and the Law - October 2009

Stephanie looks at four recent cases...

Stephanie Prior, Solicitor
Personal Injury Law Journal - May 2009

Stephanie investigates the guidance on interim payments presented by Cobham Hire Services Ltd v Eeles...

David Marshall, Partner
Solicitors Journal, 21 April 2009
With stress at work claims on the rise, practitioners need to consider the preparatory work required to win them, says David Marshall...

David Marshall, Partner
Solicitors Journal, 21 April 2009
David Marshall considers the calculation of damages in occupational stress claims...

David Marshall, Partner, Anthony Gold
Few areas of the law are quite so political, of so much interest to commentators, as clinical negligence litigation. As a clinical negligence practitioner, I am not at all afraid to make the case for the tort system, to...

Jenny Kennedy, Partner
With the increase in compensation awards for the severely injured, there is a growing economic power amongst the properly compensated. Sufferers of severe traumatic brain injury,...

David Marshall, Partner
It often seems that the most dangerous time in life is when your client has just started a dream job. Fate conspires to cause an accident to deprive the claimant of this opportunity. But quantifying loss without a long established...

David Marshall, Partner
Solutions, August 2007
 
The long-awaited consultation paper on streamlining the personal injury claims process contains a number of radical proposals. The government’s recent consultation, entitled Case track limits and the...

David Marshall, Partner 
All personal injury lawyers need to have at least a passing familiarity with the employment protection provisions of the Disability Discrimination Act 1995. We all know that if your client is in employment and suffers an injury that...

David Marshall, Partner
Cases involving obvious bodily injury rarely lead to a problem with permanent health insurance schemes: the employer will notify the scheme provider and benefits will be paid...

David Marshall, Partner
The ‘six-pack’ regulations – the group of regulations that came into force in 1992 by which the UK carried into effect EU directives on health and safety at work - were supposed to be a seismic culture-shift...

David Marshall, Partner
Care cost claims have rocketed over the past decade. The compensation awarded to claimants for this aspect of their personal injury claim has increased to reflect higher hourly rates and increased life expectancy...

David Marshall, Partner
Traps of the Unwary: Part 2
Here I set out some of the pitfalls and some of the pros and cons of both courses of action and try to give some pointers as to how to advise a client in such circumstances...

David Marshall, Partner
Traps of the Unwary: Part 1
Increasing numbers of claims for "non-physical injury" arising out of employment have led to an overlap in the law and remedies provided by the Courts and the Employment Tribunals. Whilst there are issues of principle, there are also numerous practical implications for the personal injury lawyer and for the employment lawyer...

David Marshall, Partner
Many people believe that their lawyer should share the risk of their court cases with them rather than be paid win, lose or draw. However, public policy in England and Wales has long frowned on the ("American") idea that lawyers should be paid by their results in court cases...

David Marshall, Partner
The value to be delivered by claimants’ solicitors in personal injury cases is in the efficient processing of compensation claims to establish liability and to ensure the best achievable...

David Marshall, Partner
Most English solicitors harbour a deep-seated fear of the Scottish legal system with its peculiar terms - pursuers and defenders, sheriffs and courts of session and such like. And at every costs forum...

David Marshall, Partner
We are the village green preservation society…God save strawberry jam and all the different varieties/Preserving the old ways from being abused/ Protecting the new ways for me and for you/What more can we do...God save the...

Ali Malsher, Partner
Part 35 of the Civil Procedure Rules is the starting point for the role of experts in litigation. The evidence of any expert is restricted to what is reasonably required to assist the court (Part 35.1) and all evidence used...

David Marshall, Partner
It is widely accepted that early intervention and rehabilitation lead to better medical and vocational outcomes for accident victims. The UK does not appear to compare well with other industrialised countries. The ABI have recently produced a paper which identifies a massive ‘rehabilitation gap’...

David Marshall, Partner
Loss of pension rights is an important consideration for many personal injury claimants. A career cut short by injury may lead not only to loss of future earnings up to retirement age, but loss of pension income or lump sum from retirement as further contributions to the fund will not be made...

David Marshall, Partner
What may well turn out to be the most important change in decades to the way compensation is awarded occurred on 1 April 2005. The periodical payments order provisions of the Courts Act 2003 (which amends the Damages Act 1996) came into effect, together with accompanying changes to the Civil Procedure Rules...

David Marshall, Partner
The Courts Act received royal assent in November 2003. Amongst the multitude of provisions relating to criminal justice are two sections which are intended to produce a fundamental change to the system of damages for personal injuries...

David Marshall, Partner
In Piccolo v Larkstock Ltd (t/a Chiltern Flowers), Chiltern Railway Co Ltd and others the claimant sought damages after slipping “on a petal” (as reported by the media) as he passed the florists at Marylebone Station...

David Marshall, Partner
One of the key aims of Lord Woolf’s civil justice reforms was to get rid of the ‘hired gun’ expert culture. Before the CPR, in even the smallest claim both sides would instruct one or more medical experts who would often vehemently disagree, usually, it was perceived, siding with the party instructing them...

David Marshall, Partner
The bulk of the Compensation Bill 2005 provides for the statutory regulation of claims management companies (‘CMCs’)...

David Marshall, Partner, Anthony Gold
Few areas of the law are quite so political, of so much interest to commentators, as clinical negligence litigation. As a clinical negligence practitioner, I am not at all afraid to make the case for the tort system,...

David Marshall, Partner 
Law Society Gazette - 13 March 2008  

In A v Hoare and related cases [2008] UKHL 6, the House of Lords departed from its previous decision in Stubbings v Webb [1993] AC 498, following the rarely used procedure under the...

David Marshall, Partner
Law Society Gazette - 1 November 2007

On 8 October 2007 the Association of British Insurers (ABI) and the International Underwriting Association (IUA) launched their 4th UK Bodily Injury Awards Study. Despite the all-encompassing...

David Marshall, Partner
Law Gazette, 26 July 2007

The eagerly awaited government consultation on track limits and the personal injury claims process has got all of the headlines, but equally important to injured people, and indeed to insurers, is their...