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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

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
The Court of Appeal has overturned the convictions of five Barclays LIBOR/EURIBOR traders—demonstrating the dangers of removing jury trial from serious fraud cases, according to a solicitor acting in the case
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
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