header-logo header-logo

01 May 2015 / Philippa Luscombe
Issue: 7650 / Categories: Opinion , Damages , Personal injury
printer mail-detail

Standard life

nlj_may_1_luscombe

Should quality of life depend on the ability to claim compensation, ask Philippa Luscombe & Helen Hammond

The benefits system has been a subject of hot debate over recent years, with “benefits cheats” and “scroungers” used as labels in the press. Those who over-use or abuse the NHS are also often flagged by the media also, albeit that the NHS itself is targeted for more criticism.

Often forgotten within this debate is that there are very many deserving individuals for whom the benefits system and the NHS often fails to provide a reasonable standard of living taking into account the very severe disabilities they suffer.

Polarisation

The standard of living experienced by those with disabilities can be polarised between those who rely on government provision to help them cope with their disabilities and those who have successfully pursued a claim for compensation for injuries or disabilities sustained due to negligence. Those who have the ability to claim for their injuries can access high-quality rehabilitation, accommodation, equipment and support to optimise their outcome. But those

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
back-to-top-scroll