PI Brief Update

29 February 2008 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

Credit Hire: Is Internet Rates Evidence Good Enough? - Aidan Ellis, 1 Temple Gardens
As credit hire arguments continue to be fought in relatively low value cases, one issue is gaining increasing prominence on the small claims track. In order to prove spot hire rates, is it necessary for the Defendant to pay for an expert report or even for a witness to attend court?

A v Hoare and other cases: The House of Lords Review of Limitation in Child Abuse Claims - Elizabeth-Anne Gumbel QC & Henry Witcomb, 1 Crown Office Row
In November 2007 the House of Lords heard 6 appeals which raised issues in respect of the limitation periods that apply to sexual abuse claims. The House of Lords gave their unanimous decision on 30 January 2008.

Is The Inspector Always Right? - Adam Dawson, 9 Gough Square
Claimant lawyers are becoming more and more wary of running trip and slip cases against highway authorities. No doubt much of this reticence comes from the fact that these claims are increasingly funded through Conditional Fee Agreements and often before entering such agreement the solicitor/insurer requires prospects to be in excess of 60%.

Clinical Negligence Articles

Suicide - Cara Guthrie, Outer Temple Chambers
A recent decision of the House of Lords clarifies the position where someone sustains an injury which causes him to develop depression and to commit suicide.

Medico-Legal Articles, Edited by Dr Hugh Koch

The Behavioural Analysis of Surveillance Recordings - Robert J Edelman, University of Roehampton
This brief paper describes the three key issues which, it is argued, psychologists (and other experts) should address when analysing surveillance recordings in Personal Injury Claims.

Mediation & ADR Articles, Edited by Justin Patten, Human Law

Making Money Talk – How to Mediate Insured Claims and Other Monetary Disputes - Justin Patten, Human Law Mediation
One of the assumptions that can take place about Personal Injury Mediation is that the skills of a mediator are not that useful due to these kind of disputes mainly being just about money...

Charon QC

Charon QC, Feb 2008
A very British earthquake.