PIBULJ
April 2012 - PI Practitioner
• Three Rivers v. Bank of England [2003] 2 AC 1 at 291. Per Lord Millet, an allegation of fraud or dishonesty must be distinctly alleged and proven; unequivocal; and particularised so that the other party knows precisely the case that he must meet.
• Kearsley v. Klarfeld [2005]EWCA Civ 1510, it is not necessary for the defence in a low velocity impact to include a substantive allegation of fraud or fabrication. In fact 'there was no burden on...[the defendant] to prove fraud. It was sufficient that they set out fully the facts from which they would be inviting the Judge to draw the inference that the plaintiff had not in fact suffered the injuries he asserted."
Editorial: Failing to Attend Trial - Aidan Ellis, Temple Garden Chambers
18/04/12. This month I have been plagued by an unusual number of cases in which the claimant has failed to attend court on the day of trial. The result of many of these absences is that the case is struck out. Where a claim is struck out because the claimant fails to attend trial, he or she can apply for the case to be reinstated. But the court may only grant such an application if the claimant can show that (1) he acted “promptly” when he became aware of the strike out and (2) that there was a “good reason” for failing to attend trial and (3) that he has a “reasonable prospect of success” at trial (CPR 39.3(5)). As set out below, claimants should not be under the illusion that...
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Expert Statistical Evidence on Life Expectancy: Cooper v McGann - Tom Gibson, Pupil Barrister, Outer Temple Chambers
17/04/12. Should expert statistical evidence on life expectancy be allowed – in addition to expert clinical evidence – in high-value personal injury claims? The recent Queen’s Bench Masters case of Cooper v McGann (24 February 2012, Master Kay QC) highlights the difficulties that parties face in gaining permission to rely on such evidence.
The claimant’s life expectancy is often a critical issue in high-value personal injury cases, where a few extra years may add hundreds of thousands of pounds to the value of the claim. If the clinical experts disagree on the claimant’s life expectancy, then may a party call separate expert statistical evidence to attack the other side’s opinion? The recent Queen’s Bench Masters case of Cooper v McGann (24 February 2012, Master Kay QC) highlights the difficulties that parties face in gaining permission to rely on such evidence...
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Marketing your Practice - Social Media: Social or anti-social? Public and/or private benefits? - Jenny Cotton, Mortons Marketing
13/04/12. Is your practice ready for the new Cookie Consent laws which come into force on 29th May 2012? The digital privacy debate is by no means over, the more users of social media learn of the media owners’ use of their data the more the debate deepens and for some concern grows. Private individuals, brands, organisations and regulators all have views. Social media are changing and so are their users’ attitudes and behaviours. Recent reporting on social media has been increased by the Facebook planned restructuring. Is it just social media which challenges individuals’ privacy? Do your practice contacts want to exchange their privacy for improved free social media services? Does your practice want to lose control of messages?
Marketing Week 8 March 2012 editorial focused on the quality of an organisations’ own control of their own brands when in social media all are offered the option of uncontrolled commentaries...
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Helping the helpers, the hidden problem of Secondary Traumatisation - Dr Kim Whitaker
11/04/12. An often hidden aspect of traumatic exposure can be the impact on those workers who help trauma and disaster victims. These people include psychologists and other mental health professionals, but also the emergency workers, and members of the legal profession. Secondary traumatisation is a condition not often discussed, the symptoms are similar to PTSD, i.e., re-experiencing images of the traumas of the person receiving aid, avoidance of reminders of this material, numbing in affect and function, and persistent arousal.
A small number of studies have focused on psychological responses in legal and law enforcement professionals who work with trauma victims...
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![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
