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News

Family Law: expert witness reform needed

It has been claimed that the safety of some of the country’s most vulnerable children is being put at risk by the expert witnesses that have ‘sprung’ up in the family courts. There are now calls for the NHS and the courts to take a greater responsibility for checking the validity of the work and…
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Government to announce curbs to whiplash claims

This week the government will set out tougher regulations to cut the number of whiplash claims. Whiplash injuries are common where there are rear end shunts from another vehicle, which causes neck and back injuries when a person is thrown to the front of the vehicle involuntarily. It has been reported that the volume of…
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Broken Neck not diagnosed

A man lived with a broken neck for 40 years without his knowledge. Philip Loveday, 59, injured his neck whilst playing rugby when he was 16 and another play fell on him while they played a match for the Army. X-rays were taken at the time, but failed to diagnose his broken vertebra which was…
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Parent company liability upheld for asbestos case

The Court of Appeal in London upheld David Chandler’s claim against Cape Plc. for asbestos exposure. The company was the parent company for Cape Products, which Mr Chandler worked for over 50 years ago, and was dissolved years ago. As he could not claim against the dissolved company, Mr Chandler pursued his case against Cape…
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GP’s failing to spot cancer in teenagers

A survey published today suggests that GP’s are missing common signs of cancer in around one third of teenage sufferers. The survey of 300 patients also shows that a quarter of young people visited their GP four times or more before being referred to a specialist. 12% of the teenagers highlighted the fact that their…
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Legal aid reforms set to become law

Wednesday 25th April 2012 saw the government win its final battle over controversial legal aid reforms in the House of Lords. This means the reforms are set to become law. Peers had inflicted 14 defeats on the government in votes on the proposed amendments to the Legal Aid, Sentencing and Punishment of Offenders bill (LASPO)…
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Katie Price is getting married again. Should she get a pre-nup?

Former glamour model, singer and business woman, Katie Price, announces plans this week to marry her Argentinian boyfriend, Leandro Penna, should she be thinking about a pre-nup? Price has been married twice already and although they say "third time lucky", she may be tempted to enter into a pre-nup. Love her or hate her, there’s…
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Kenneth Clark climbdown on asbestos cases

On Tuesday 24th April, Kenneth Clark made a surprising U-turn on the Jackson reforms for mesothelioma (asbestos) cases. This issue has been one of the most controversial of part two of the Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO). Monday saw the House of Lords voted for a second time to oppose the…
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Swain & Co have mixed views on new Community Care Judgement

Community Care lawyers at Swain and Co are somewhat disappointed in a recent judgment from the High Court. The case of R (on the application of NM) v Islington London Borough Council has clarified the reasons for when a local authority has a duty to assess whether someone is in need of community care services.…
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Children Punished Harshly

England and Wales are harsher in their punishment of children who commit criminal offences than most other countries inEurope. The starting point of this system of youth justice is police custody, where children are taken following their arrest. Children’s rights in custody are safeguarded by the provisions set out in the United Nations Convention on…
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