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20 November 2015 / Linda Monaci
Issue: 7677 / Categories: Features , Expert Witness , Profession
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Linda Monaci considers the evidence linking traumatic brain injury & the onset of dementia

The legal implications of medical deterioration in brain injury cases and the rules governing provisional damages were discussed by Warren Collins in his recent NLJ article. As Mr Collins notes, the court can award provisional damages if the risk of disease or deterioration has a “measurable chance of occurring”, while the disease or deterioration must be “serious”. (see “Pushing boundaries”, NLJ , 24 April 2015, p 13). This article presents some of the challenges which complicate carrying out research in this field, and provides a brief overview of the findings.

Established findings & mixed results

It is an established finding that repeated mild traumatic brain injuries (TBIs), such as those experienced by professional boxers, are associated with a high risk of chronic traumatic encephalopathy (CTE), originally termed “dementia pugilistica” (McKee et al, 2012). CTE is a type of dementia with distinctive neuropathological features, but clinically it can be mistaken for Alzheimer’s disease or fronto-temporal dementia (Gavett et al, 2010;

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Signature Litigation—Catherine Naylor

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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