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PIBULJ

Journey’s End for the Voyage of Discovery: the Disclosure Process From April - Helen Tinkler

18/01/13. If any article beginning with the words “From April this year” has you squinting through your fingers at the page, prepare to turn away now. From April this year, litigation, as we know, will become a judicially-honed process. He who dares issue, must dare do battle with any number of reforms and none more so than in the realms of disclosure. The process of disclosure under CPR 31 has benefited from a smorgasbord of ideas from other jurisdictions which have been fed through to our own systems. We will soon be...

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Assistance Animals: a Common Future Head of Loss? - Thomas Crockett, 1 Chancery Lane

17/01/13. On 30th November 2012, The Times carried an article entitled “NHS will cough up for music lessons and manicures.” It was referring to the three year trial of personal health budgets, whereby people in the NHS Continuing Care programme are able to determine themselves, how best to spend the money allocated to them. Their budgets are of course typically spent on many items one routinely sees in schedules of loss, namely: carers, mobility aids, domestic assistance and medical expenses. However, the article makes reference to less usual expenses, such as...

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Part 36 Does What It Says (Again): A Commentary on Jolly v. Harsco Infrastructure Services Limited - Philip Turton, Ropewalk Chambers

16/01/13. Since the last change made to Part 36 by the Rules Committee on 6th April 2007, that section of the Civil Procedure Rules has probably occupied the Courts more than any other. Practitioners who may not have immediately appreciated the consequence of the changes then made have, in due course, been replaced by practitioners seeking every more inventive ways to obtain advantage for their clients. There can be no doubt that Part 36 has attracted applications both ingenious and convoluted in their attempt to either invoke or avoid what would otherwise be its consequences.

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Personal Injury Trusts: What to Look For - Elizabeth Perry, Irwin Mitchell LLP

16/01/13. If someone has been awarded compensation for a personal injury either as a result of a damages claim or because they have received a payment from another source, for example, an insurance policy because of an accident or injury, they may find it is necessary to review their general financial circumstances. Claimants of means tested benefits could have those benefits placed at risk if certain legal safeguards are not put in place.

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PI Practitioner, January 2013

16/01/13. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for our PI Brief Update newsletter. Simply fill in your email address at the top right of this website.

Recovering the costs of counsel’s fees at infant settlement approval hearings

A contentious area that has been clarified considerably by the Court of Appeal...

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