Furley Page Blog

PIP Breast Implants – Can I claim?

By Neille Ryan - 16/01/2012 01:32 PM
Categories: Personal Injury Claims

Whilst the Government has confirmed that the NHS will replace PIP breast implants for those whose original breast surgery was carried out on the NHS, the vast majority of operations would have been carried out by private providers. Some providers have already offered to replace the breast implants without charge but many have not; either way, women will be wondering what they are entitled to.

In my opinion the most obvious claim against a private provider would be for breach of contract for the supply of goods and services. Section 14 of the Sale of Goods Act 1979 implies a term into the contract that the implants will be of satisfactory quality.

Clearly those terms have been breached and therefore damages will follow for the cost of removing and replacing the implants and for any injury caused either by the implants themselves, or the surgery.

Claims should be brought within 3 years of the date when the victim knew or ought to have known their implants were defective, so in most cases that will presumably be 3 years from about now.

This is a specialist field and anyone seeking more information should ensure that they approach a solicitor with genuine expertise in personal injury claims.

Accidents on snowy or icy roads

By Neille Ryan - 15/12/2011 11:19 AM
Categories: Personal Injury Claims

At this time of year I often get enquiries about accidents on snowy or icy roads, and whether or not The Highway Authority can be sued for failing to grit properly.

Drivers be careful around horses on the road

By Neille Ryan - 30/11/2011 12:30 PM
Categories: Personal Injury Claims

A recent decision in the Winchester Court will be of interest to those who ride their horses on the road.

Mrs Devereux and her husband were riding their horses single file when Mr Hayward came around a shallow bend in the opposite direction, riding his motorcycle with a pillion passenger. Mrs Devereux’s horse bolted, throwing Mrs Devereux who sustained a brain injury.

Sport – not necessarily a 'claim game'

By Neille Ryan - 30/11/2011 12:14 PM
Categories: Personal Injury Claims

If you spend more than about 5 seconds listening to the Government, elements of the media and large parts of the insurance industry, you could be forgiven for thinking that anyone can claim for any injury no matter how the injury was sustained. This is not, nor has it ever been, the case. An experienced personal injury lawyer will look carefully at the accident circumstances and only take on the claims which they feel have reasonable prospects of success.

The best of both worlds...?

By Amanda Smith - 10/11/2011 12:22 PM
Categories: Personal Injury Claims

...'Yes please'- say insurance companies.

Sound sensationalist? Insurers do in fact seem to want the best of both worlds - increased premiums for their customers to bring more money in, receipt of (to be banned) referral fees from law firms who manage claims on behalf of their customers, to bring more money in, and yet they point the finger in the direction of the imaginary 'compensation culture' in an attempt to put people off making claims and as an excuse for rising premiums. So, if the number of claims made decreases, will insurers reduce their premiums? Of course not.

David v Goliath

By Neille Ryan - 03/11/2011 08:52 PM
Categories: Personal Injury Claims

An unexpected but welcome perspective has been cast on the 'no win no fee' debate by Christopher Jefferies, Jo Yeates’ Landlord.

Mr Jefferies was the subject of a host of lurid newspaper articles after he was arrested on suspicion of Miss Yeates’ murder.

Now acknowledged to be completely innocent, he has accepted an apology and “substantial” libel damages from eight national newspapers including The Sun, The Mirror and (surprise, surprise) The Daily Mail.

Court criticises major insurer over inflated repair costs

By Neille Ryan - 03/11/2011 05:39 PM
Categories: Personal Injury Claims

Insurers and their friends in Government and the media love spreading stories about how fraudulent Claimants and greedy solicitors are the cause of high motor insurance premiums. It is interesting, therefore, to cast a light on the practice of Royal & Sun Alliance Group (RSA) revealed in the case of Fallows v Harkers Transport last month.

RSA set up a separate company called RSA Accident Repairs Limited (RSAARL) to deal with repairs of all RSA insured vehicles.

Now doctors are part of the 'Compensation Culture'?

By Neille Ryan - 03/11/2011 01:15 PM
Categories: Personal Injury Claims

The Government think that there is a 'compensation culture' whereby referral fees encourage the pursuit of spurious whiplash claims. As a result they want to outlaw referral fees. I have gone on the record to say that I can see the benefits of doing away with referral fees but only so long as they are banned in an even-handed manner.

Asbestos – damages in Scotland, not In England

By Neille Ryan - 03/11/2011 12:57 PM
Categories: Personal Injury Claims

Exposure to asbestos and pleural plaques sufferers in Scotland and Northern Ireland

The Supreme Court has ruled that sufferers of pleural plaques (scars on the lungs caused by asbestos exposure) can claim compensation in Scotland, but bizarrely no compensation is available in England and Wales.

Is this pop star ...

By Neille Ryan - 27/10/2011 06:58 PM
Categories: Personal Injury Claims

... a victim of the Compensation Culture?

I read a revealing interview this week with Hannah Rutterford, a personal injury solicitor in East Anglia. She acted for 45 year old Christopher Corder, who was left in a permanent vegetative state after being hit by a Daimler owned by former Libertines band member and now solo musician Pete Doherty, which was being driven by Doherty’s uninsured manager Andrew Boyd.

Gender and insurance risk

By Neille Ryan - 23/03/2011 02:24 PM
Categories: Personal Injury Claims

Some thoughts on the European Court of Justice decision on using gender to determine insurance risk

There has been widespread publicity of the European Court of Justice [ECJ] decision in the case of Association Belge Des Consommateurs Test – Achats ASBL & others (Case C–236/09) to the effect that using gender as a determining factor in assessing insurance risk is illegal.

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