PIBULJ
Hope for Those in Pain? - Steven Weddle, Hardwicke
24/09/12. In the last 20 years the understanding and acceptance of pain conditions in both medical and legal contexts has advanced significantly. Advances in medicine have given doctors a better understanding of internal processes, and many causes of pain that used only to be identified after death can now be identified early with modern investigative techniques. Despite that, it can still be very hard to prove the "reality" of pain in the legal context. This is emphasised by the curious fact that...
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Loss of No Claims Bonus - Aidan Ellis, Temple Garden Chambers
19/09/12. By far the most common thing that clients in road traffic accident cases say at court is “hasn’t this taken a long time”. I suspect that not much can be done to address this concern. Despite reforms intended to speed up the process especially in low value cases, litigation inevitably longer than many expect. But I wonder whether more could be done to address the second most common concern that clients raise in road traffic accident cases: “what about my no claims bonus?” Many individuals find that by the time they get to court, they have already had to pay a higher annual insurance premium as a result of the ongoing claim. This cost is often as significant to the individual as the insurance excess, but in my experience loss of no claims bonus is...
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Editorial: Can Motor Insurers Improve Cooperation? - Aidan Ellis, Temple Garden Chambers
19/09/12. I was recently asked to speak at the Insurance Post Claims Club about the High Court decision in Coles v Hetherton on the Royal and Sun Alliance repairs charges cases. It was a daunting brief, not least because representatives of both parties formed part of the audience. I hope that I navigated the issues without causing too much offence.
One of the most interesting aspects of the discussion that day related to the issue of cooperation between Insurers. The suggestion is that...
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Symptom Validity (Effort) Testing in Clinical Neuropsychology - Dr Tracey Ryan-Morgan, Talis Consulting Limited
18/09/12. Effort testing became central to neuropsychological assessments due to the proven inability of the experienced clinician to detect individuals exerting sub-optimal effort (McCarter, Walton, Brooks & Powell, 2009). A range of taxonomies have developed over time in relation to the concept of “effort”. Bush, Ruff, Troster, Barth, Koffler, Pliskin, Reynolds & Silver (2005, in their National Academy of Neuropsychology Position Paper) refer to the following definitions, which are adopted for the purposes of this paper:
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symptom validity: the accuracy or truthfulness of the examinee's behavioural presentation (signs) self-reported symptoms (including their cause and course) or performance on neuropsychological measures.
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response bias: an attempt to mislead the assessor through inaccurate or incomplete responses or effort...
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More Articles...
- Three strikes, you’re still in? What Fairclough Homes Ltd v Summers [2012] UKSC 26 tells us about fraud - David Sawtell, 4 King's Bench Walk
- Reflections of a Reluctant Claimant - David Locke, Hill Dickinson LLP
- Rebuttal of 'Litigation culture making Britain less safe' - Julie Carlisle, Henmans LLP
- Not black & white - Richard Scorer, head of serious injury, Pannone LLP
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