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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

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NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

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