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PIBULJ

PIBULJ, May 2013

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Detecting Deception: Is It the Feeling or the Words or Just Chance? - Hugh Koch, Ben Goodall and Jon Willows

26/05/13. Two recent studies continue the thorny debate about how to increase proficiency in detecting deception in either civil or criminal litigation contexts. Peace and Sinclair (2012), psychologists in Canada, speculated and confirmed that when judging “emotional reports”, participants made significantly more errors (false alarms) than when judging non-emotional reports. This has implication for...

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Editorial: Minor Soft Tissue Injuries - Aidan Ellis, Temple Garden Chambers

25/05/13. Most personal injury practitioners will be very familiar with the brackets set out in the JC Guidelines for short lived soft tissue injuries. The 11th edition provides for three brackets for minor neck injuries, with increasing value depending on the duration of symptoms: a few days, a few weeks a few months (up to £1,500); several months to a year (£1,500 - £3,100) and a year to two years (£3,100 - £5,600). The section on minor back injuries...

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How Are Expert Witnesses Responding to the New Focus on Time and Money? - Mark Solon, Bond Solon

24/05/13. Measures to cut costs are at the heart of the changes to the Civil Procedure Rules (CPR) which came into effect on 1 April 2013 as a result of Lord Justice Jackson’s 2010 report into civil litigation costs. Time is money, and legal proceedings are expected to be dealt with more quickly than under the old regime. This means that expert witnesses have to keep meticulously detailed records of what they do, noting the time spent on each phase of an assignment, including initial assessment, report-writing, meetings, dealing with questions and...

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"In Loco Parentis": the Liability of Schools When Disaster Strikes - Laura Johnson, 1 Chancery Lane

23/05/13. Summer school trips were one of the high points of the year when I was a child. I don't think anyone wholly forgets the bubbling anticipation that comes with the prospect of a totally brilliant trip. Some were better than others. An adventure weekend to Windermere where we jumped out of canoes and walked rope bridges was amazing. The day trip to Martin Mere Wetland Centre was less good. We sat on the coach for an extra two hours because the driver got lost. It rained. I can barely express the excitement that accompanied the school Centenary special trip to Alton Towers.

School trip season is approaching again now that the summer term has begun and, as usual, I reflect on the current state of the law. It distresses me when it is said that the law is making it impossible for schools to give the next generation...

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