PIBULJ
27 March 2009 Summary
NEWSLETTER
Industry NewsSummary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure
LAW JOURNAL
EditorialPersonal Injury Articles
Rome II - Alejandra Hormaeche, Tanfield Chambers
Personal injury practitioners dealing with cases involving a foreign element will be mindful of the changes to the legal landscape brought about by the Rome II Regulation on the choice of law for non-contractual obligations.
The Duties on Solicitors in CFA as Contained in Jones v Attrill - Rosa Dickinson, St Philip’s Chambers
The Court of Appeal judgment in Jones v Attrill [2008] EWCA Civ 1375 laid down guidance for what is expected of solicitors in signing clients up to Conditional Fee Agreements in order to comply with the Conditional Fee Agreement Regulations 2000.
The Environment Agency v Ellis [2008] EWCA Civ 1117: Causation and the Limits of Fairchild. - Shyam Kapila
In Ellis the Court of Appeal made it clear that the causation principles espoused in cases such as Fairchild v Glenhaven Funeral Services [2003] 1 AC 32 and Barker v Corus [2006] 2 AC 572 usually belong to the category of complicated industrial disease claims and should not be introduced into common accident claims.
Permanent Health Insurance: The Forgotten Remedy? - Michael Scutt, Dale Langley & Co
We all know how difficult occupational injury and illness cases can be, particularly if the Claimant is alleging stress at work or even a work-related upper limb disorder (WRULD)...
An Alternative to Wrongful Trading Actions - Mike Griffiths, Formerly Deputy Head of the School of Law at the University of Wolverhampton
When it was introduced as a new remedy in insolvency law in 1986 wrongful trading was seen by many as the panacea for almost all woes on corporate insolvency...
Instructing an Expert new to Expert Witness work - Jenny Cotton, Mortons Marketing
Report Writing - third in a series on briefing an expert new to court reporting.
PI Travel Law, Edited by Katherine Deal, 3 Hare Court
Periodical Payment Orders and Overseas Defendants - James Dingemans QC
Cases involving overseas defendants and insurers still raise matters of difficulty. Two major, but related, difficulties are addressed in this article.
Medico-Legal Articles, Edited by Dr Hugh Koch
A Pilot Study to Explore the Effects of Symptom Monitoring in Children and Adolescents with Posttraumatic Stress Reactions Following Road Traffic Accidents (Hardy & Stallard, 2008) - Dr Jacquie Hetherton, Hugh Koch Associates
Posttraumatic reactions in children following traumas such as road traffic accidents are common with approximately 30% of children developing post-traumatic stress disorder four weeks after an RTA and 15-18% continuing to experience PTSD up to 9 months later...
PTSD; Legal entity or medical condition? - Manda Holmshaw Phd & J Wilson Carswell OBE FRCS, Moving Minds Psychological Management and Rehabilitation
Posttraumatic Stress Disorder (PTSD) is a condition familiar to personal injury lawyers and may form the basis of a significant part of their case load.
Marketing for Solicitors
Marketing Your Practice: Interest & Action, Meeting Competition - Jenny Cotton, Mortons Marketing
Be specific. Universal competitive policies do not fit well, just like one size socks. Only for monopolies and totally new offers is competition never uniform. Only in times of rapid expansion is rivalry so low that all suppliers grow. This is not the current case. Even for a single service like the UK compulsory TV licenses there are two product versions, for colour or mono, paid for through a variety of channels at varied immediate costs. Are all legal services competitors the same?
Charon QC
Charon QC, March 2009
I bring news of many things.
30 September 2010 - Industry News
Guardian
Legal Services Board rejects referral fee ban…
Legal Futures
Government launches pleural plaques compensation scheme…
Ministry of Justice
Jazz dancer spared jail following £20k benefit fraud…
Independent
Supreme Court refers part-time judges’ pension dispute to ECJ…
Cloisters
29 April 2009 - Industry News
Ministry of Justice
Scottish Parliament votes to provide compensation for pleural plaques victims...
BBC
Employer’s Liability Insurance Bureau Bill launched...
Legal & Medical
ECJ rules that retirement age of 65 is not discriminatory per se but requires justification...
Times
Helphire posts half-yearly losses of £59.3M...
Insurance Daily
27 September 2007 Summary
NEWSLETTER
Industry NewsSummary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure
PI Practitioner
LAW JOURNAL
EditorialPersonal Injury Articles
The FSA, insurers and third-party capture - Tim Kevan, Aidan Ellis & Anthony Johnson, 1 Temple Gardens
This article looks at one particular aspect of FSA regulation, that over insurance companies and so-called ‘third party capture’
European Updates: Part II - Katherine Deal, 3 Hare Court
Part I considered the proposed harmonisation of European limitation laws. This article deals with the changes consequent on the entry into force on 11 January 2009 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, otherwise known as ‘Rome II’.
Costs Capping & Multi-Party Illness Claims - Alan Saggerson, 1 Chancery Lane
The Court of Appeal drafted a set of principles to be applied for costs capping (in personal injury claims) before giving judgment in Willis v Nicolson [2007] EWCA Civ 199. They were not published! Buxton LJ considered it inappropriate for the Court to undertake this role – now consigned to the Civil Procedure Rules Committee from whom we await further guidance.
Accidents abroad, the French connection - Dawson v Broughton (2007, Manchester CC) - Tim Petts, 12 King’s Bench Walk
When considering whether to bring proceedings in England for an accident abroad, the question of which country’s law will be applied will be crucial in determining how best to proceed.
Periodical payments linked to earnings-based measure - Summary of Ure v Ure
It is the first time that we are aware that an insurer has agreed to settle (with no right of appeal) a claim for periodical payments linked to an earnings-based measure (ASHE 6115, 80th centile) instead of the RPI.
Dangerous animals: Welsh v Stokes & Stokes [2007] EWCA Civ 796 - Lionel Stride, 1 Temple Gardens
In the case of Welsh, the Court of Appeal has provided useful clarification of the meaning and application of section 2(2) of the Animals Act 1971. This article analyses the most significant findings and conclusions in the judgment.
Claimants’ Skating on Thin Ice? - Angus Piper, 1 Chancery Lane
An exploration of two recent unreported decisions under Section 41(1A) of the Highways Act 1980, in each of which the defendant highway authority succeeded in having the claim against it dismissed.
Medico-Legal Articles, Edited by Dr Hugh Koch
Assessing the degree of adult psychiatric disorder caused by childhood sexual abuse - Dr Trevor Friedman, Consultant Psychiatrist
There has been increasing public interest and legal activity relating to the large number of children who were abused whilst in foster care and other institutions. The revelation of such events often many years or decades after the events has caused major problems in trying to identify the level of psychiatric disorder and more particularly the amount of psychiatric damage caused by the alleged abuse.
Coronial Law Articles, Edited by Bridget Dolan, 3 Serjeants’ Inn
A Coroner’s Power to Adjourn an Inquest is Discretionary - Yasmin Yasseri, Pupil Barrister, 3 Serjeants’ Inn
R (Pereira) v HM Coroner for Inner South London & Other Interested Parties [2007] EWHC 1723 (Admin)
Mediation & ADR Articles, Edited by Justin Patten, Human Law
How To Negotiate Effectively - Justin Patten, Human Law
As personal litigation lawyers, we are having to negotiate on a daily basis but how effective are we as lawyers? Could we be doing better?
26 October 2007 - Industry News
Claims Standards Council
Changes to law on powers of attorney implemented...
Times
Barrister jailed for perverting the course of justice...
Guardian
Headteacher fined over pupil’s death...
CPD Webinars
![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)
