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Accidental malice

14 May 2009 / Helen Wolstenholme
Issue: 7369 / Categories: Features , Personal injury
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Helen Wolstenholme reports on genuine accidents & deliberate contempt

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April was a good month for defendant personal injury practitioners:

      
      ●     The Court of Appeal gave judgment in favour of the defendant to a personal injury claim in two cases where the key issue was the standard of care owed by one individual to another; and

      
      ●     in an unusual case and the first of its kind, an individual was found to be in contempt of court as a result of false statements which she had made during the course of personal injury proceedings which had been compromised after the disclosure of surveillance evidence.

In Orchard v Lee [2009] EWCA Civ 295, Mrs Orchard appealed against a decision of HHJ Iain Hughes QC, sitting at Poole County Court, dismissing her claim for personal injury against a 13-year-old schoolboy. Mrs Orchard was a lunchtime supervisor at the school, and was injured when the boy was playing tag with another boy and ran backwards into her. The accident happened

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The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
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