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PIBULJ

Let It Snow, Let It Snow, Let It Snow : Personal injury claims arising from slipping on ice and snow - Ruth Johnson, Blake Lapthorn

05/12/12. With December here and snow forecast for this year this article will look at what Highway Authorities, Employers and Occupiers need to bear in mind to avoid slipping claims. It also provides guidance for individuals looking to bring a claim as a result of a slip on snow or ice. Who is responsible for clearing the snow, ice and frost on the ground will depend on who owns the land. For example whether the land is council owned highway, private land or land under the control of an employer.

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Accidents at Work: Case Update - David Armstrong, Brodies

04/12/12. In this last year or so, we have seen a number of significant decisions in the Scottish and English Courts concerning the interpretation of the various Workplace Regulations.  It is interesting that, despite the fact that these regulations have now been around for many years, some of its main provisions are still open to varying interpretations depending upon the Court considering the case.

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We Need to Talk About Katie - Michael Lemmy & Matthew Snarr, 9 St John Street

03/12/12. This article considers the impact of Katie Ward -v- Allies and Morrison Architects [2012] EWCA Civ 1287 on the litigation landscape regarding loss of earnings awards by reason of moderate or subtle injuries. In Ward v Allies and Morrison Architects [2012] EWCA Civ 1287 the Court of Appeal adjudicated on the appropriateness of making a Blamire award as opposed to adopting a conventional Ogden 6i multiplicand / multiplier calculation to compensate future loss of earnings and on whether the determination of whether an injured party is disabled is conclusive in adopting the...

 

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Solicitors’ Liability for Settlement Advice: Langsam v Beachcroft LLP & Ors [2012] EWCA Civ 1230 - Shyam Kapila

02/12/12. This recent Court of Appeal decision lends clarity to two distinct areas of importance for lawyers engaged in the provision of advice in the settlement of negligence actions. Mr Langsam sued Beachcroft for professional negligence in relation to advice given in respect of another negligence claim. After a trial, the judge dismissed the claim, as Beachcroft had relied on the advice of leading counsel, which was not negligent. Mr Langsam appealed and Beachcroft cross-appealed against the order for costs made on the dismissal of their counterclaim for their outstanding fees under a conditional fee arrangement.

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Your Prison Cell Awaits - Carl Waring, Solicitor

01/12/12. Occasionally, at the end of a criminal trial, when a prison sentence has been handed down, the Judge will defer the start of the sentence for a couple of weeks to allow the Defendant to get his personal affairs in order. I remember that happening to a solicitors clerk in a practice not far from where I was brought up in the North West of England who along with others in the practice had been sentenced to a couple of years for 'Green Form' fraud. I recall thinking how awful that must be - being allowed to walk out of the court room to go home, knowing that you had a 2 year sentence waiting to start in 2 weeks time...

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