PIBULJ
Copley Revisited Again - Jason Prosser, Credit Hire Advocacy Services
07/02/12. In the March edition of PIBULJ I reported on a decision of His Honour Judge Harris QC, Sayce v TNT, Cambridge County Court 25 January 2011, which appeared to cast doubt upon the earlier decision of the court of Appeal in Copley v Lawn and Madden v Haller [2010] 1 All ER (Comm) 890. In Copley the Court of Appeal found;
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it could not be unreasonable for a claimant to reject an offer of a replacement vehicle which does not make clear to the claimant the comparative terms upon which the vehicle was offered, particularly of course, the cost to the defendant;
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that even if such an offer was made and rejected, then the claimant could still recover the cost which the defendant would have incurred had it been taken up.
The facts in Sayce were slightly different to Copley in that TNT argued that it had disclosed to the claimant the cost to them of hiring the replacement vehicle on her behalf. Following Copley, TNT conceded that the claimant was entitled to recover the cost to them in any event but nevertheless...
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Cause for a Circus? - Helen Tinkler, BPP & Central Law Training
06/02/12. If there is one subject bound to divide opinion and aerate not just the legal profession but the public and media it is whiplash claims. Indeed, it has almost become like a West End farce with all interested parties entering stage left and right to heap vilification upon or defend the behemoth which the RTA claims industry has allegedly become. Historically, such a being was a mythical creature but the Transport Select Committee has now reported (13 December 2011) and its conclusions suggest that the creature is alive, well and kicking vigorously.
Witnesses Jack Straw MP, John Spencer (MASS), Paul Evans (AXA) and Andrew Dismore (Access to Justice) contributed their diverse views. Whilst preserving the need for compensation where injury has been sustained, whiplash claims drew specific criticism from the TSC: “We are not convinced that a diagnosis unsupported by any further evidence of injury or personal inconvenience arising from the injury should be sufficient for...
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Monday morning with Alex Williams’ cartoons, 30th January 2012
This cartoon is by Alex Williams who draws the Queen's Counsel cartoons for The Times and in numerous books including Lawyers Uncovered. He also does the cartoons for BabyBarista and has had two more excellent books published recently: 101 Ways to Leave the Law and 101 Uses for a Useless Banker. He offers almost all of his cartoons for sale at £120 for originals and £40 for copies and they can be obtained from this email This email address is being protected from spambots. You need JavaScript enabled to view it.
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Cat Chaos Grounds Canadian Flight for Hours
What would happen if a cat escaped and decided to run around a huge commercial flight to Canada? It’s utter chaos. This is what the passengers of Air Canada Flight 603 from Halifax to Toronto experienced when a cat accidentally escaped its carrying case and decided to run all over the plane. According to the reports, Ripples the cat ran free after a passenger unknowingly opened its carrier. The cat was frightened by the buzzing noise that the airplanes’ engine produced. Some passengers say that the scene was pretty amusing, the flight was then grounded for 4 hours as they searched the whole aircraft for the scared cat. The staff decided to turn off the lights and the engine to calm Ripples down. After hours of search Ripples was found. After checking the plane for damages to cables and wires that the cat might have caused, they found out no harm was done and took off. Sky
Book recommendation: 'Facts and Figures 2011/12'
Now in its 16th edition, this collection of tables enables you to effortlessly calculate special damages and claims for loss of earnings in personal injury cases. Facts & Figures 2011/12:
- Brings together all the information in one volume, to assist you in assessing special damages information quickly, easily and efficiently
- Provides access to the latest, up-to-date material and includes the 6th edition of the Ogden tables
- Ensures accuracy in the calculation of special damages and claims for loss of earnings
- Provides you with up-to-date financial and statistical information
- Helps with the production of schedules and counter-schedules
- Widely used across the profession and frequently cited in court
- Includes: Life, multiplier and discount tables, Earnings tables, Various interest tables, Price tables, Investment tables, Tax and insurance tables, Benefits, allowances and charges, Criminal Injuries Compensation Authority Multipliers Table, Decimal Years Table
- Provides clearer, easier to use Carer Rates tables, Nanny cost-to-client rates to be re-calculated in accordance with formula used for carer rates and a simplification of Tables C-1 Earnings Losses
More Articles...
- Professional Negligence Law: Chapper v Jackson (Ch) 21/12/11
- Contributory Negligence: Extending the “Car as a Weapon” Principle? - Tom Gibson, Pupil Barrister, Outer Temple Chambers
- Editorial: Can the Court of Appeal make mistakes? - Aidan Ellis, Temple Garden Chambers
- Editorial: Can the Court of Appeal make mistakes? - Aidan Ellis, Temple Garden Chambers
![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)
