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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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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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