PIBULJ
Lord Justice Goldring Speech on Expert Witness Evidence - Mark Solon, Bond Solon
19/11/12. The expert witness role has been put under a microscope by the government and the judiciary over the past decade, with increasing intensity. Speaking at Bond Solon’s annual expert witness conference in November, Senior Presiding Judge for England and Wales Lord Justice Goldring gave his judicial perspective and a valuable glimpse into the future direction of expert witness work.
Lord Justice Goldring highlighted three recent reports that are particularly relevant to the role of...
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Contempt of Court and the new CPR Part 81 - Andrew Granville Stafford, 4 King's Bench Walk
19/11/12. The new Part 81 of the CPR, which came in to effect on 1 October 2012, sets out the procedure to be applied in contempt of court proceedings. The old rules were to be found, confusingly, in three different places: Order 52 of the Rules of the Supreme Court (in Annex 1 to the CPR) and Orders 29 and 34 of the County Court Rules (Annex 2). Part 81 now brings those rules under one roof. Whilst essentially this is a re-codification exercise, Part 81 does contain some minor departures from the old procedure.
Contempt of court is a creature not of the rules of court but of the common law. It derives from the court’s inherent power to police its own procedure. The penalties for contempt are, however, prescribed by...
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Pension Loss as a Head of Damage: No Longer to be “TBA”? - Dick Petrie, Frenkel Topping Ltd
19/11/12. The historical situation that has existed for PI Claimant lawyers is that Pension Loss, as a head of damage in Schedules, has only applied to those claimants who have been in pensionable employment, mainly final salary schemes, and where the injury suffered has interfered with the pension that would otherwise have been received at retirement.
Back in 2001 the government introduced “Stakeholder” pensions as their first attempt to encourage those employed people in non-pensionable employment to fund for their own pension at retirement, but it failed to a large degree because of its...
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Regulation 261/2004 is Now Boarding: Planes, Delays and Compensation - Richard Campbell, 3 Hare Court
17/11/12. Having been at the mercy of hurricanes and ash clouds, it would seem that the woes of European airlines are set to continue as a result of the recent judgment of the Court of Justice of the European Union in Joined Cases C-581/10 Nelson and Others v Deutsche Lufthansa and C-629/10 TUI Travel and Others v Civil Aviation Authority.
The Court has ruled that where passengers reach their final destination three hours or more after the scheduled arrival time, they may indeed claim fixed compensation from the airline, unless the delay is caused by...
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Expert Witnesses: Preparing for Trial - Tom Gibson, Outer Temple Chambers
16/11/12. Expert evidence is important in nearly all personal injury cases. This article highlights three points to remember on expert witnesses – especially as a case progresses towards trial. All three points are of general application to all personal injury claims although specific examples relating to travel law gastric illness claims are considered here.
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More Articles...
- An Unexpected Bill to Pay: Non-Party Costs Orders and Claims Management Companies - David Sawtell, 4 King's Bench Walk
- When is a Protected Party Not a Protected Party? Never... for Now - Robert Vernon, 9 Park Place Chambers
- Paradigm Shift: Accident Prevention Becomes the Leading Priority for Public Health - Errol Taylor, RoSPA
- PI Practitioner, November 2012
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