PIBULJ
Is This Stocking Trolley Safe for Use on a Supermarket Floor? - Philip de Berry, 18 St John Street Chambers & Ginny Newman, Pannone LLP
15/12/12. This article explains how the CA approached the issues of breach of duty and contributory negligence in a supermarket tripping case (Palfrey v Morrisons, Lawtel AC9401225). The Claimant, aged 79, suffered severe and disfiguring injuries when her toe caught one of the wheels of a trolley, which was L-shaped with a low-lying base measuring approximately 2ft by 4ft, causing her to trip and fall. The trolley had been left unattended in the middle of the aisle in accordance with...
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10% Increase in General Damages: Clarity Reinstated - Tracy Head, Kennedys
13/12/12. Tracy Head reports on a revision of Simmons v Castle: Lord Justice Jackson made 109 recommendations in his final report as the basis of his fundamental review of the costs of civil litigation. The tenth recommendation in the list was that in personal injuries litigation the level of general damages for pain, suffering and loss of amenity (PSLA) be increased by 10 per cent. The increase in general damages is one of...
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Every Picture Tells a Story - Jamie Clarke, Hardwicke
13/12/12. Jamie Clarke interviews Tim Zoltie, expert clinical photographer & proprietor of Clinical Photography UK, on the use of photography in Personal Injury and Clinical Negligence Claims. JC: What are the benefits of clinical photography in personal injury and clinical negligence claims? TZ: The physical appearance of certain injuries is one of the key aspects in determining severity and, as I understand it from your perspective Jamie, valuation. As such, the importance of...
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Don’t Erode the Civil Justice System - Dr Victoria Handley, Handley Law
13/12/12. These are worrying times. We face the erosion of the civil justice system, punishment of the victim, restricted access to justice and all to preserve profit. This article sets out the changes and suggests three major factors which show that we must preserve the current state. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 passed on 1st May 2012 implements radical changes to civil actions brought on a "no win no fee" basis and a ban on the payment of referral fees relating to personal injury claims...
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The Welfare Reform Act 2012: Universal Credit and Personal Independence Payments - Dick Petrie, Frenkel Topping Ltd
13/12/12. As many of you will be aware, the Welfare Reform Bill (as amended significantly by the House of Lords) has now received Royal Assent and been enacted as the Welfare Reform Act 2012 (‘the Act’). Despite its dilution, this will still arguably lead to the most fundamental reform of the welfare state since its post-war introduction. The resultant changes to welfare benefit entitlement will affect your clients who claim means-tested benefits...
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