September
Articles matching "medical evidence"
Successful restriction of expert evidence in RSI case
Patrick McBrien of DWF's disease team has recently succeeded in restricting the expert evidence to be relied upon by the claimant in an RSI case. Patrick explains the findings at first instance and on…
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Changes to the MedCo qualifying criteria to halt the gaming
In March, the MoJ announced that changes would be made to way that MedCo operates, following the MoJ’s Framework Review at the end of last year. Those proposals were intended to tackle the issues then…
Read moreObtaining medical evidence in Noise Induced Hearing Loss claims
In low value Noise Induced Hearing Loss (NIHL) claims, the issue of proportionality is a key area of contention for defendants seeking the court’s permission to rely on their own medical evidence.…
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Compensation culture still an issue for SMEs
A recent article in the Daily Telegraph suggests that the compensation culture is still seen as an issue by SME employers in the context of responding to EL claims brought by their employees. All of…
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Whiplash consultation: the key theme from the Ministry of Justice Open Forum
At the open forum hosted by the MoJ, members of the claimant solicitor community suggested that the current system of expert reporting in whiplash cases worked well and that there was simply no need…
Read moreWorking party produces first fruits of its labours
Following the challenge of giving evidence to the Transport Select Committee in June last year on the cost of insurance set against the backdrop of whiplash claims, it was clear to me that there were…
Read moreWhiplash: Medical panels
Things have moved on since December. The MoJ have been hosting a number of meetings, with a view to forming a working party. How the panels might work is becoming slightly clearer but issues…
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