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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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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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