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Personal injury update: 23 June 2023

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Vijay Ganapathy discusses recent developments in sports injury & noise-induced hearing loss claims, plus the rules on limitation for professional negligence cases
  • A recent case provides further guidance on how negligence will be determined in sports injury claims.
  • In a noise-induced hearing loss case, the court addressed allegations of contributory negligence and how the new Ogden Tables guidance will be used when calculating lost earnings.
  • The Court of Appeal ruled in a professional negligence claim which the defendant argued was out of time.

Some key judgments handed down in the last few months will provide helpful guidance in areas where the law is developing.

No more fun & games?

Sports injury claims have seen substantial recent development whereby judges have to make difficult decisions as to what conduct constitutes negligence in activities where serious injuries are not uncommon, particularly in contact sports. Great care has to be taken to distinguish between acts which, while being risky and dangerous, might be considered reasonable given the nature of the sport, and those that are negligent.

While

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