Category Archives: Personal Injuries

Rob Heywood, ‘“If The Problem Persists, Come Back to See Me …” – An Empirical Study of Clinical Negligence Cases Against General Practitioners’

Abstract The law of negligence, as it applies to General Practitioners (GPs), is underexplored in the literature. There has been no substantial research undertaken that has penetrated deeper into claims that have actually reached court in order to analyse judicial reasoning pertaining to both breach of duty and causation. Given the increased pressures that GPs […]

Kathleen Renaud, ‘Apples to Oranges? Gendered Damages in Personal Injury Litigation: A Focus on Infant Claims’

Abstract For infant plaintiffs, personal injury litigation damage awards for loss of earning capacity are highly speculative. To quantify damages, courts rely on general population statistics and often consider the gender of the plaintiff. This article examines ways in which courts have discounted damages to minor female plaintiffs. The author notes that this discounting broadly […]

Jonathan Morgan, ‘Abolishing personal injuries law? A response to Lord Sumption’

Introduction Lord Sumption has frequently delivered speeches that provoke public debate. His 2017 lecture to the Personal Injuries Bar Association will surely do so too. Its very title, a ‘Project’ of “Abolishing Personal Injuries Law’, is incendiary. The provocation is welcome, and indeed overdue. As Lord Sumption observes, the high-water mark of reform came with […]

Jonathan Sumption, ‘Abolishing personal injuries law – a project’

Introduction It is now exactly twenty years since Patrick Atiyah published The Damages Lottery, one of the most eloquent polemics ever to be directed against a firmly entrenched principle of law. Professor Atiyah was concerned with the law of negligence generally. But his book has generally been treated as an attack on personal injuries law […]

Samuel Fresher, ‘Opioid Addiction Litigation and the Wrongful Conduct Rule’

Abstract The United States is facing an opioid addiction crisis. Can our civil courts help? This Comment explores obstacles to recovery for plaintiffs in tort suits against health care institutions and practitioners in opioid addiction litigation. It argues that defenses based on plaintiffs’ wrongful conduct, which deny plaintiffs access to civil remedies due to their […]

Paolo Sanna, ‘The Recoverability of the Loss of the Right to Life per se: A Brief European Overview’

Abstract Traditionally, with a few exceptions, in Europe, decisions of the courts have denied the recoverability of the loss of the right to life per se (and the subsequent transfer of the claim from the primary victim to his/her heirs). In a comparative perspective, the author, as a starting point, analyzing the Italian legal system, […]

James Plunkett, ‘Cavalier v Pope: another victim of the Grenfell Tower fire?

Introduction … even if negligence can be shown, and it can be established that Kensington and Chelsea LBC did fail to act in a way expected of a reasonable landlord, recovery proceedings may still fail due to the continued existence of Cavalier v Pope, the early 20th century case which held that landlords owe no […]

Matti Urho, ‘Compensation for Drug-Related Injuries’

Abstract The purpose of this article is to answer the following question: What are the qualifications required of a viable compensation scheme for drug-related injuries in the future? To answer this question the no-fault systems in four Nordic states are examined and compared to other systems fully or partially arranged on no-fault principles in Europe […]

Michael Duff, ‘How the US Supreme Court Deemed the Workers’ Compensation Grand Bargain ‘Adequate’ Without Defining Adequacy’

Abstract During the second and third decades of the twentieth century, the US Supreme Court issued a handful of opinions rejecting 14th Amendment constitutional challenges by employers to implementation of workers’ compensation statutes in the United States. Unknown to many, the statutes were largely the fruit of privately-sponsored investigations, principally by the Russell Sage Foundation […]

Medical Litigation Conference, NUI Galway, Saturday 20th October, 9am-4.30pm

The School of Law NUI Galway and Dr Stephen Kearns, Consultant Orthopaedic Surgeon, Bon Secours Hospital, Galway, are delighted to host a one-day conference on medical negligence litigation at NUI Galway on Saturday 20th October, 2018. The conference is aimed at medical and legal practitioners and will address key issues in medical negligence … (more)