Case law: the judge’s interpretation of the expert opinion

Personal injury law, Personal injury law

Case law: the judge’s interpretation of the expert report The expert’s report is a central element in litigation relating to compensation for personal injury. It is used to demonstrate liability and forms the basis of the costing. However, it is sometimes...

Case law update for civil actions concerning acts of terrorism

Personal injury law

Case law update for civil actions concerning acts of terrorism In four rulings, the Criminal Division has clarified its case law on civil actions relating to terrorism. Cass. crim., 15 February 2022, 4 rulings, no. 21-80.264 // no. 21-80.265 // no. 21-80.670 // no....

Compensation in kind

Personal injury law

Compensation in kind Compensation may be in kind or equivalent in the form of damages. In non-contractual matters, reparation in kind is less obvious than in contractual matters insofar as material damage is more common than personal injury. When the time comes to...

Legal update: Compensation claims and interest

Personal injury law

Legal update: Compensation claims and interest Any litigant can see that when he or she takes a case to court, the justice system is overwhelmed by the number of cases it has to deal with. Also, the human resources allocated to the courts do not allow cases to be...

The jurisprudential principle of full compensation and its development

Personal injury law

The jurisprudential principle of full compensation and its development In France, the principle for victims is full compensation for their loss. However, this principle has been built up gradually by case law. Cass. civ. 2, 28 October 1954, JCP, 1955 Cass. civ. 2, 16...

Failure to monitor a healthcare establishment

Personal injury law

Failure to monitor a healthcare establishment An important obligation of a healthcare establishment is its duty of supervision. A clinic is required to take the necessary measures to ensure patient safety. “Whereas, however, by virtue of the contract for...