Injuries in UK Law
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British Transport Commission v Gourley
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In an action for personal injuries the damages are always divided into two main parts. First, there is what is referred to as special damage which has to be specially pleaded and proved. This consists of out-of-pocket expenses and loss of earnings incurred down to the date of trial, and is generally capable of substantially exact calculation. Secondly, there is general damage which the law implies and is not specially pleaded.
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Hughes v Lord Advocate
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No doubt it was not to be expected that the injuries would be as serious as those which the Appellant in fact sustained. But a defender is liable, although the damage may be a good deal greater in extent than was foreseeable. He can only escape liability if the damage can be regarded as differing in kind from what was foreseeable.
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McLoughlin v O'Brian
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Yet an anxiety neurosis or a reactive depression may be recognisable psychiatric illnesses, with or without psychosomatic symptoms. So, the first hurdle which a plaintiff claiming damages of the kind in question must surmount is to establish that he is suffering, not merely grief, distress or any other normal emotion, but a positive psychiatric illness.
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Anns v Merton London Borough Council
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First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter—in which case a prima facie duty of care arises.
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Wright v British Railways Board
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My Lords, given the inescapably artificial and conventional nature of the assessment of damages for non-economic loss in personal injury actions and of treating such assessment as a debt bearing interest from the date of service of the writ, it is an important function of the Court of Appeal to lay down guide-lines both as to the quantum of damages appropriate to compensate for various types of commonly occurring injuries and as to the rates of "interest" from time to time appropriate to be given in respect of non-economic loss and of the various kinds of economic loss.
As regards assessment of damages for non-economic loss in personal injury cases, the Court of Appeal creates the guide-lines as to the appropriate conventional figure by increasing or reducing awards of damages made by judges in individual cases for various common kinds of injuries.
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Davies v Powell Duffryn Associated Collieries (No. 2)
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- Personal Injuries Litigation
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Unions, Safety Committees and Workplace Injuries
This paper exploits the Workplace Industrial Relations Survey from 1990 (WIRS3) to examine the determinants of workplace injuries for a sample of manufacturing establishments in the UK. A key focus...
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Criminal Injuries Compensation For Victims Of Sexual Abuse
Many offenders in the Criminal Justice System have themselves suffered abuse and may be entitled to criminal injuries compensation. Marie Valente explores some aspects of the criminal injuries comp...
- Review: Criminal Injuries Compensation
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More E-cigarette Explosion Injuries
In May 2017, an Arizona woman suffered severe injuries when an e-cigarette exploded in her lap while she was driving. The 20-year-old driver tried to jump out of the truck but the flames spread, li...
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BrainScope Company, Inc. Develops Product for Early Detection of Traumatic Brain Injuries
A United Kingdom based company, BrainScope Company, Inc., is working on a new product which would assist in the early diagnosis of brain injuries. The new product, Ahead EU-100, is still in develop...
- Discounting Awards For Multiple Injuries
- Head Injuries In Sport
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Judicial review claim - criminal injuries compensation cases, England and Wales
Forms to appeal decisions by certain first-tier and other tribunals and organisations. Includes social security and child support, and mental health appeals.
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Medical report
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... or outpatient where applicable. Detail any improvement or deterioration of symptoms ... including dates. In the case of injuries/symptoms fully recovered, please specify the date by ... which there was a full recovery. Whether the claimant has ever experienced symptoms in ... ...
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Judicial review claim, England and Wales (Upper Tribunal - Administrative Appeals Chamber)
Chancery forms, including claim forms and applications for orders.... ... ... ... Claim Form for Judicial Review ... (not for Criminal Injuries Compensation cases) ... Date received ... Notes for guidance are available which explain how to complete the judicial review claim ... ...
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Apply for 'bolt-on' payments and advocate's bundle payments
Court Costs form EX80A to issue a legal aid assessment certificate.... ... For the purposes of the bolt-on the following conditions ... constitute signifcant harm: ... b) signifcant head and/or fracture injuries ... c) burns or scalds ... d) fabricated illness ... e) extensive bruising involving more than one part ... of the body ... f) multiple injuries of ... ...