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Personal injury update: 23 June 2023

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Vijay Ganapathy discusses recent developments in sports injury & noise-induced hearing loss claims, plus the rules on limitation for professional negligence cases
  • A recent case provides further guidance on how negligence will be determined in sports injury claims.
  • In a noise-induced hearing loss case, the court addressed allegations of contributory negligence and how the new Ogden Tables guidance will be used when calculating lost earnings.
  • The Court of Appeal ruled in a professional negligence claim which the defendant argued was out of time.

Some key judgments handed down in the last few months will provide helpful guidance in areas where the law is developing.

No more fun & games?

Sports injury claims have seen substantial recent development whereby judges have to make difficult decisions as to what conduct constitutes negligence in activities where serious injuries are not uncommon, particularly in contact sports. Great care has to be taken to distinguish between acts which, while being risky and dangerous, might be considered reasonable given

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NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
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