PI Brief Update

24 September 2006 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

Update on Choice of Law - Katherine Deal, 3 Hare Court
A look at where the law now stands on choice of law for foreign accidents following the decision of the House of Lords in Harding v Wealands.

Liability of Organisers of Sporting Events for the Actions of Spectators - Tim Kevan, 1 Temple Gardens & Duncan McNair, Equity House
As we experience the lull between the end of the football World Cup and the start of the Premiership season, it is an appropriate time to reflect on the potential liabilities of those who organise such sporting events…

Toth v Jarman: Experts and Conflicts of Interest - Tim Petts, 12 King’s Bench Walk
A look at the Court of Appeal’s guidance for parties where an expert is potentially affected by a conflict of interest, with some comments on the difficulties caused by the decision.

Life Choices and Lump Sum Awards - Niazi Fetto, 2 Temple Gardens
Assessing loss of earnings when a Claimant’s earning potential has been affected in the wake of the accident by a career-changing life choice.

Can insurers refuse to indemnify a policyholder in breach of the policy, even though no prejudice to the insurer was caused by the breach? - Jo Vincent, 12 King’s Bench Walk
Perhaps surprisingly, until the recent Court Appeal case of Shinedean v Alldown Demolition & AXA [2006] EWCA Civ 939, there had been no authority on the question of when insurers are entitled to refuse indemnity for a failure to provide information within a reasonable time…

Personal Injury: Package Holiday Claims - Duncan McNair, Equity House
Under the common law, a person injured on holiday abroad would face serious difficulties in making a claim, if the failure was not the direct responsibility of the company she booked her trip with…

Clinical Negligence Articles

Cock-Ups in the Lab - Richard Booth, 1 Crown Office Row
Who is liable when the men in white coats get mixed up?

Medico-Legal Articles, Edited by Dr Hugh Koch

The Duties of the Medical Expert and Limitations of the Medical Evidence - Patrick Nee, Whiston Hospital
Medical practitioners are frequently called upon to give an opinion on causation and prognosis in personal injury cases. With the increasing use by insurers of the so-called ‘low speed defense’, cases may be assigned to the multi-track...

Complex Regional Pain Syndrome - Dr George R Harrison, University Hospital Birmingham
Complex Regional Pain Syndrome (CRPS) is a problem dealt with, not infrequently, in personal injury litigation, and as the name implies, it is complex. In this, the first of three articles covering this topic, I wish to look at the diagnostic criteria for this particular problem…