Personal Injury Newsletter – September 2020

September 30, 2020

In the September 2020 edition of the personal injury newsletter:

Personal injury litigation – finding a better way
Bill Braithwaite QC offers his opinion and discusses ways in which the personal injury litigation service could be improved.

Sex, brain injury and a shortcoming in our legal system
Gerard Martin QC considers a recent issue in a case where his ABI client would like to engage in sex and has been assessed by an expert as having the capacity to consent to and engage in sex, however is unable to facilitate the safe provision of the service herself. Where others have to assist then the problem is the Sexual Offences Act 2003 and sections 39,42 and 53A.

Worth the wait for Ogden 8?
In July 2020, the long-awaited 8th Edition of the Ogden Tables was finally published. In this article originally published in APIL’s PI Focus, David Knifton QC summarises the new guidance and examines whether the substantial re-writing of the Explanatory Notes will change how judges calculate loss of earnings claims.

The loss of dependency on income from a family business
Chris Barnes discusses the recent High Court judgment in Eunice Rix (Widow & Executrix of Martin Rix, deceased) v Paramount Shopfitting Co. Ltd. [2020] EWHC 2398 (QB), in which Mr Justice Cavanagh considered whether the claimant had established a loss of financial dependency.

New ways of working – Survey
Exchange Chambers are interested in your views on the “new normal” in the personal injury claims process. We would be extremely grateful if you could spare a few minutes to complete our short online questionnaire.

Click here to view the September 2020 personal injury newsletter.