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14 May 2009 / Helen Wolstenholme
Issue: 7369 / Categories: Features , Personal injury
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Accidental malice

Helen Wolstenholme reports on genuine accidents & deliberate contempt

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April was a good month for defendant personal injury practitioners:

      
      ●     The Court of Appeal gave judgment in favour of the defendant to a personal injury claim in two cases where the key issue was the standard of care owed by one individual to another; and

      
      ●     in an unusual case and the first of its kind, an individual was found to be in contempt of court as a result of false statements which she had made during the course of personal injury proceedings which had been compromised after the disclosure of surveillance evidence.

In Orchard v Lee [2009] EWCA Civ 295, Mrs Orchard appealed against a decision of HHJ Iain Hughes QC, sitting at Poole County Court, dismissing her claim for personal injury against a 13-year-old schoolboy. Mrs Orchard was a lunchtime supervisor at the school, and was injured when the boy was playing tag with another boy and ran backwards into her. The accident happened in an outdoor social space, in relation to which

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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