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Law Bulletin - October 2006

Big news on Personal Injury Trusts

On 1 October 2006 the Social Security (Miscellaneous Amendments) (No.4) Regulations 2006 came into force. The rules on Means Tested State Benefits have been changed so that benefits received within a period of 52 weeks after receipt of the award will be excluded from the recoupment

Judicial Studies Board Guidelines

The new 8th edition of the JSB guidelines has been published. The figures in the new edition are expressed as at June 2006.

Damages for neck injury and depression

The claimant was injured when working as a paramedic standing at the doors of an ambulance waiting for an air ambulance to arrive. The downdraft caused the doors to slam causing injuries to the head, neck and shoulders.

The medical evidence was that there was an eight-year acceleration of previously asymptomatic degenerative disease in the neck with some psychological injury agreed as depression for 18 months. The claimant was retired on ill health some four years after she was injured. She managed to get back to work after the accident but came off work following a separate back injury.

General damages were awarded at £12,500 plus an award for loss of congenial employment of £2,500. The total award including specials and future loss was £67,170.
It is interesting to note that we are able to obtain a loss of congenial employment award even in an acceleration case.

Barnes -v- North East Ambulance Service NHS Trust. Newcastle County Court, 15 September 2006.