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02 October 2008
Issue: 7339 / Categories: Features , Personal injury
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Update from the courts

Christopher Russell unravels recent cases involving limitation and loss of chance

The dog days of August and September are often relatively fallow times for the evolution and development of personal injury law. However, a survey of judgments delivered, both in the Court of Appeal and the High Court, since the last of these updates reveals a clutch of cases addressing, among other things, limitation and loss of a chance.
Limitation

In Field v British Coal Corporation [2008] EWCA Civ 912, the court dealt with a claim for noise induced deafness. Field worked in Harworth Colliery for 21 years from 1982 when he was aged 16. He did a variety of jobs both above and below ground. Until 1995 his employer was British Coal. From an early age, and from at least 1985 when he was 19, Field had discomfort and temporary minor hearing loss which he attributed to wax and ear infections. In 2003 Field noted ringing in his ears and his wife complained that the TV was always too loud. Tests carried out by an

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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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