The Dangers of Organised Sport - Tim Kevan, Editorial

31/10/11. The Court of Appeal has made some useful comments as to the standard of care expected of a rugby club organizing a training session which may well have wider application to other sports and events.

Most people would not associate the game of rugby with personal injury claims. However, it has certainly arisen over the years, notably in two cases involving referees (Smoldon v Whitworth and Nolan [1997] PIQR P133 and Vowles v Evans & Welsh Rugby Union [2003] 1 WLR 1607) and one case involving the playing of a player in a game for which he was too old (Mountford v Newlands School [2007] ELR 256)...

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October 2011 Summary

NEWSLETTER

Industry News
Summary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure
PI Practitioner

LAW JOURNAL

Editorial: A More Advantageous Amendment? - Aidan Ellis, Temple Garden Chambers

Personal Injury Articles

Fraud – are the floodgates now opening? - Tim Kevan, Editorial
Last month Lisa Sullivan wrote an article for this law journal on the recent contempt of court case of Nield v Loveday [2011] EWHC 2324 (Admin) (which you can read here). Since then we have had two more cases for contempt which arose out of civil claims for compensation. This article looks at those cases, the applicable law and also at the wider context of the fight on fraud.

Introducing the new Ogden Tables - Editorial
The Government has just published the seventh edition of the Ogden Tables and although multipliers have gone up, the review of the discount rate still remains pending, potentially leaving personal injury lawyers in a quandary as to whether to delay settlement until that is published. All in all, much more of an Ogden Tables 6S rather than a full upgrade to an Ogden 7.

Credit Hire Articles

Credit Hire Agreements: Recent Cases - Kenneth Delaney, Atlantic Chambers
In what is the latest of a series of contractual points taken by defendants in an attempt to avoid paying for credit hire claims, insurers have sought to rely upon the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008. Defendants argue that if a claimant signs a hire agreement as a consumer at home or at work and during the course of a visit by a trader (the delivery driver) the hire agreement is unenforceable under the regulations unless pursuant to regulation 7(4) the consumer is provided with a notice of his right to cancel the agreement at the time he signs it.

Credit Hire Legal Update - Alan Gilbert, Helphire
There are some important legal cases and developments which have been happening in the past few months and here Alan Gilbert (Technical Director, Helphire Group) has very kindly put pen to paper and prepared the following to inform and assist. In particular, those cases that are running are being heard the week commencing 3rd October.

PI Travel Law, Edited by Katherine Deal, 3 Hare Court

When in Rome (II)... - Katherine Deal, 3 Hare Court
The uncertainty in England and Wales regarding the temporal scope of Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations, ‘Rome II’, seems to be drawing to a close.

Health & Safety Articles

Evidence from Fire Scenes - David Townsend, independent forensic fire investigator
Over the last 20 or more years fire investigation has developed into a unique and valuable profession. Increasingly accurate findings of the causes of fire has led to more reliable statistics, safer convictions, better consumer products and more robust management systems. Although finding the cause of the fire has become more refined it is still difficult to link the cause to a culprit to the level required to secure a conviction. But there has been significant progress. Criminals and offenders have fortunately not progressed. They still generally believe the Hollywood image and assume that fire will cover their tracks...

Medico-Legal Articles, Edited by Dr Hugh Koch

Human Touch Wins Hands Down - Chris Chatterton, Speed Medical
In today’s high tech society, it makes a change to find an organisation that still relies on the human touch to differentiate itself from the tremendously automated approach that most call centres and data processing operations have adopted. But Speed Medical, does just that – favouring people over PCs wherever possible. So why does an organisation which deals with millions of pieces of paper and hundreds of thousands of phone calls a year shun the ‘automate at all costs approach’ adopted by its biggest rivals?

Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd

Mediation Best Practice: What’s a Position Statement for? - Tim Wallis, Trust Mediation Ltd
Mediations go well when the mediator and the parties are well prepared. In some cases the issues are very clearly defined and the mediator will not need more than a well organised bundle comprising the Schedule, the Counter-Schedule and the relevant evidence relating to the issues in dispute. Where there is more involved in a claim, however, a well thought out Position Statement can be very helpful. It can both help prepare the mediator and influence the other party.

Charon QC

Charon QC, October 2011
Human Rights

BabyBarista

BabyBarista, October 2011
Courting Publicity

Editorial: A More Advantageous Amendment? - Aidan Ellis, Temple Garden Chambers

25/10/11. With effect from 1 October 2011, the definition of beating (or failing to beat) a Part 36 offer has been amended. “More advantageous” is now defined as “better in money terms by any amount, however small”. The equivalent term “at least as advantageous” is to be construed in the same way. The result is that the question whether the Claimant has beaten (or failed to beat) a Part 36 is now determined simply by looking at the amount of damages recovered.

The amendment thus compels the opposite result to that preferred by the Court of Appeal in Carver v BAA Plc [2008] EWCA Civ 412. In that case...

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