Clinical Negligence & Personal Injury

  • Stress: The Importance

    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...

  • Planning Ahead

    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...

  • Law and Science

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

  • An Overview of the Coroners and Justice Act 2009

    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...

  • Finding the Time

    Amanda Hopkins, Solicitor
    Personal Injury Law Journal - October 2009
    Amanda Hopkins delves into the ambiguities of limitation periods...

  • Tracing the Faultline

    David Marshall, Partner
    Solicitors Journal - 6 October 2009
    David reviews how the courts determine causation and calculate compensation in stress at work claims...

  • Taking Liberties

    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...

  • Law and Science

    Stephanie Prior, Partner
    Medicine, Science and the Law - October 2009
    Stephanie looks at four recent cases...

  • Interim Payments - First Orders

    Stephanie Prior, Solicitor
    Personal Injury Law Journal - May 2009
    Stephanie investigates the guidance on interim payments presented by Cobham Hire Services Ltd v Eeles...

  • Wound Up

    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...

  • Stressing the Issue

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

  • The Cost of Clinical Negligence

    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...

  • Personal Injury Litigation and "Value For Money"

    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...

  • Scotch Game

    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...

  • Breaking Down the Barriers to Rehabilitation

    David Marshall, Partner It is widely accepted that early intervention and rehabilitation to 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...

  • Pension Loss Calculation

    David Marshall, Partner Overview   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...

  • Periodical Payments

    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...

  • Periodical Payments: The New Rules

    David Marshall, Partner Personal Injury update  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...

  • Personal Injury Claims and Permanent Health Insurance

    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. But solicitors still need to bear in mind the impact of...

  • Foreseeing Carelessness

    David Marshall, Partner, Anthony Gold 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...

  • Killer Petals, Nose - Pokes and Other Hazards

    David Marshall, Partner In Piccolo v Larkstock Ltd (t/a Chiltern Flowers), Chiltern Railway Co Ltd and others [unreported, QBD HHJ Altman 17 July 2007] the claimant sought damages after slipping “ on a petal ” (as reported by the media) as he...

  • Local Authority Contributions to Care Costs

    David Marshall, Partner 1. Overview 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 (following the knock on effect of...

  • Guns for Hire

    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...

  • The Compensation Bill 2005: A Desirable Activity?

    David Marshall, Partner The bulk of the Compensation Bill 2005 provides for the statutory regulation of claims management companies (‘CMCs’). After the conclusion of the Blackwell Committee in 2000 that they “did not consider that the...

  • Conditional Fee Agreements

    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...
Print pagePrintable Version
Clin Neg Rhs