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28 January 2022 / Vijay Ganapathy , Walker Syachalinga
Issue: 7964 / Categories: Features , Personal injury
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Personal injury in the spotlight

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Vijay Ganapathy & Walker Syachalinga examine some key issues raised in the latest rulings on personal injury
  • The Fatal Accidents Act 1976: calculating dependency claims.
  • Duty of care in competitive sports.
  • Application for interim payments in a case involving multiple defendants.

The last few months have seen the courts ruling on a variety of issues which will provide useful guidance for future cases.

Steve Hill Ltd v Witham (as widow and executrix of the estate of Neil Witham (deceased)) [2021] EWCA Civ 1312, [2021] All ER (D) 21 (Sep) is one of two significant recent Court of Appeal rulings (the other being Paramount Shopfitting Company Ltd v Rix (widow and executrix of the estate of Rix (deceased)) [2021] EWCA Civ 1172, [2021] All ER (D) 07 (Aug)) which have provided some much needed clarity for dependency claims.

Mrs Witham (‘W’) sued the defendant (‘S’) after her husband’s sad death following his diagnosis of mesothelioma caused by asbestos exposure. W and her husband had looked after two foster

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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