PI Brief Update

23 December 2010 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

Kim Ali v. The City of Bradford Metropolitan District Council[2010] EWCA Civ 1282 Or when is a nuisance not a nuisance! - Daniel Tobin, 12 King’s Bench Walk
A footpath ran between Dick Lane and New Street in Laisterdyke, Bradford. It was a footpath which satisfied the definition of a ‘highway maintainable at public expense’ for the purposes of the Highways Act 1980 (‘the 1980 Act’). The footpath was narrow and contained several stone steps...

Failing to mitigate recovery: the hurdles facing Defendants - Oliver Rudd, 12 King’s Bench Walk
This article serves as a review on the basics of mitigation in cases where Claimants are accused of failing to aver themselves of medical treatment which it is alleged would have expedited or improved recovery. Though relatively settled law following the Privy Council decision of Geest plc v Lansiquot [2002] 1 WLR 3111, this issue continues to cause confusion, particularly in relation to disposal hearings.

Ogden 6: Are the Tables in Tatters? - Brent McDonald, Old Square Chambers
One of the more recent cases which considered Ogden VI was Clarke v Maltby [2010] EWHC 1201 (QB). On 25 September 2004 Mrs Clarke was a front seat passenger in a car being driven by Mr Maltby. Mrs Clarke suffered a head injury in the accident. The central issue for Owen J to determine was the degree to which this injury would affect Mrs Clarke’s functional capacity as a solicitor.

Fatal Accident Claim: Failure of Oak Tree Branch, Micklewright v Surrey CC - Angus Piper, 1 Chancery Lane
Trees are an increasing source of litigation, whether as a result of root encroachment (which may affect the foundations of houses, paths or roads and lead to property damage and/or "tripper" injury claims), or as a result of falling branches as in the claim the subject of this article.

Medico-Legal Articles, Edited by Dr Hugh Koch

Are lawyers losing their memories? - Dr Hugh Koch
Are you ever concerned about forgetting things? The following "memory events" are probably normal...

Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd

Mediation or a Joint Settlement Meeting? Negotiation patterns when negotiating and mediating personal injury claims - Tim Wallis, Trust Mediation Ltd
It soon becomes clear to the most junior lawyer that there is no single figure that is the correct figure for a case, be that a full liability valuation or a settlement figure taking into account a discount for risk. Everyone knows there is a bracket...

ADR, Complement not Substitute - Barry Turner, University of Lincoln
The concept of alternative dispute resolution is as old as the civil litigation process itself and solutions to even the most knotty of disputes can often be seen to be best pursued without recourse to the courts. Civil litigation is well known to be costly, stressful and often a long drawn out and tedious process, many of those experiencing it as parties mention how, even though they were represented by lawyers, it "took over their lives"...

Charon QC

Charon QC, December 2010
Snow...