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Personal injury

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Recent caselaw on vicarious liability, quantum and the process of seeking permission for a civil claim for injuries occurring while committing an imprisonable offence for which the potential claimant was later convicted, are all discussed in NLJ’s personal injury update column this week. Vijay Ganapathy, partner at Leigh Day specialising in industrial disease and complex injury cases, explores the issues in each case.
Vijay Ganapathy discusses some key decisions in personal injury which will provide important guidance for future cases
In a small road accident claim, do we really need to know the full details of the claimant’s childhood medical history? ‘In modest personal injury claims, routine, unnecessary and inappropriate disclosure of the entirety of claimants’ medical records is not acceptable,’ Charles Davey, a barrister with The Barrister Group, writes in this week’s NLJ.
Solicitors & courts are often indifferent to claimants’ rights to confidentiality, writes Charles Davey, setting out a blueprint for change to the disclosure rules
The personal injury discount rate was increased to 0.5% in January, based for the first time on a detailed report by an expert panel. In this week’s NLJ, Julian Chamberlayne wonders whether the decision-making is vulnerable to challenge by judicial review, and uncovers a multitude of weak spots. 
Julian Chamberlayne reviews the new personal injury discount rate & highlights some potential weak spots
Advances in implantable neurotechnologies could have a profound impact on rehabilitation, with consequent game-changing implications for personal injury and clinical negligence claims, Harry Lambert, barrister at Crown Office Chambers, explains in this week’s NLJ.
Coming advances in neurotechnology & their potential impact upon rehabilitation will be nothing short of transformational: Harry Lambert outlines their game-changing implications for personal injury & clinical negligence
The Lord Chancellor Shabana Mahmood has raised the personal injury discount rate (PIDR)—used by the courts to calculate lump sum awards for long-term injuries—from -0.25% to 0.5%.
A 15% increase in the tariff for soft tissue injuries ‘is not enough’, the Association of Personal Injury Lawyers (APIL) has warned.
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NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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