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21 February 2008 / Nicholas Bevan
Issue: 7309 / Categories: Features , Damages , Personal injury , Employment
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Future proof? (1)

In the first of two articles, Nicholas Bevan explains why Thompstone represents a sea change for future care claims

In January 2008, the Court of Appeal released what is one of the most important rulings of the decade in tortious law, Thompstone v Tameside and Glossop Acute Services NHS Trust (and three other conjoined appeals) [2008] EWCA Civ 5, [2008] All ER (D) 72 (Jan). It concerns a technical issue: whether and in what circumstances a court may depart from the Retail Prices Index (RPI), set by the Damages Act 1996 (DA 1996), s 2(8), when inflation-proofing a periodical payments order in a personal injury claim featuring future loss. This decision will propel the periodical payments regime from the backwaters into the mainstream as a means of delivering compensation for future loss in personal injury claims. The appeals involve claims by individuals who have been severely injured at birth due to negligent treatment by a local health authority or NHS trust. All four claims include substantial amounts to meet the lifelong cost of providing

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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