Damages

Bats in court? It can only be the latest report from The Insider, AKA NLJ columnist Professor Dominic Regan of City Law School.

Recent caselaw on vicarious liability, quantum and the process of seeking permission for a civil claim for injuries occurring while committing an imprisonable offence for which the potential claimant was later convicted, are all discussed in NLJ’s personal injury update column this week. Vijay Ganapathy, partner at Leigh Day specialising in industrial disease and complex injury cases, explores the issues in each case.

Vijay Ganapathy discusses some key decisions in personal injury which will provide important guidance for future cases

The personal injury discount rate was increased to 0.5% in January, based for the first time on a detailed report by an expert panel. In this week’s NLJ, Julian Chamberlayne wonders whether the decision-making is vulnerable to challenge by judicial review, and uncovers a multitude of weak spots. 

Julian Chamberlayne reviews the new personal injury discount rate & highlights some potential weak spots

Media lawyers have expressed surprise and admiration at the apology and settlement secured by Prince Harry in his claim against News Group Newspapers.

A new Product Liability Directive for Europe, the same old Consumer Protection Act for the UK: will UK claimants be left clinging to the wreckage? Sarah Moore & Katie Bohl analyse the growing rift

The Lord Chancellor Shabana Mahmood has raised the personal injury discount rate (PIDR)—used by the courts to calculate lump sum awards for long-term injuries—from -0.25% to 0.5%.

The remedy of ‘specific performance’ is little-used but can be ‘extremely beneficial’ in M&A disputes. In this week’s NLJ, Yasseen Gailani, partner, and Megan Hiluta, senior associate, Quinn Emanuel, explain why looking beyond the remedy of damages may pay dividends for clients.

Yasseen Gailani & Megan Hiluta consider the advantages of the little-used remedy of ‘specific performance’