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25 July 2014
Issue: 7616 / Categories: Case law , Law digest , In Court
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Compensation

Colefax v First Tier Tribunal (Social Entitlement Chamber) and another [2014] EWCA Civ 945, [2014] All ER (D) 153 (Jul)

Paragraph 18 of the Criminal Injuries Compensation Scheme (2008) provided a two-year time limit (from the date of the relevant incident) for the making of a written application for compensation. The expression in para 18(b) “an application” meant an application for compensation in respect of one or more personal injuries. It was open to an applicant seeking a waiver in respect of a late claim under para 18 to show that, even if he had suffered some immediately apparent relatively minor injury, it had been reasonable for him, in his particular circumstances, not to have made it the subject of a compensation claim, even if another person in the same circumstances might reasonably have done so. The reference to the “particular circumstances of the case” imported no requirement to show exceptional circumstances. 

 

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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