PIBULJ
26 October 2007 - PI Practitioner
FATALS CLAIM FOLLOWING LIFETIME CLAIM
Thompson and others v. Arnold [2007] EWHC 1875 (QB)
A claim for loss of dependency pursuant to the Fatal Accidents Act 1976 cannot be brought where the victim had brought and settled a claim for the personal injury which caused her death. Read v. Great Eastern Railway Co (1867-68) LR 3 QB 555 had been correctly decided.
The claimants were the dependents of a victim of clinical negligence, whose breast cancer the defendant had failed to diagnose correctly. During her life, the victim brought an action for damages against the defendant, and settled the claim. Pursuant to the decision in Read, Fatal Accidents Act damages could not be recovered where damages had already been awarded or agreed in the victim’s lifetime. (That case referred to the 1846 legislation, which the 1976 act consolidated.) The ECHR did not prevent the operation of this principle, and the claimants were not entitled to recover.
PRIVATE INTERNATIONAL LAW – S. 12 DISPLACEMENT
Dawson v. Broughton (County Court, 31/7/07)
The Private International Law (Miscellaneous Provisions) Act provides that, for a road traffic accident in France, French law will apply to substantive matters, but English law to matters of evidence and procedure. In France the law does not impose any reduction in damages for personal injury caused in part by a failure to wear a seat belt.
The claimant brought his claim in the English jurisdiction, but argued that French substantive law applied in relation to failure to wear a seat belt. The court found that the law relating to seat belts was substantive, and that prima facie the French rule applied. However, the court held that s. 12 of the Act, which gives the court a discretion to displace the general rule and apply the law of another country, was triggered. The parties had stronger connections with England than with France, and it was inherently inequitable for the claimant to submit to the English jurisdiction but seek to avoid the disadvantages to him of applying English law to the case. The court would apply English law to the point on that basis.
05 June 2006 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
Direct Claims Against Foreign Insurers - Katherine Deal, 3 Hare Court
The situation arising in the context of road accidents which happened overseas as to whether a claimant wishing to bring his claim in the courts of England and Wales can name a foreign-domiciled insurer as defendant.
The Court of Appeal decision in Smith v Kvaerner Cementation Foundations [2006] EWCA Civ 242 - Tim Petts, 12 King’s Bench Walk
On difficulties for Recorders and counsel in the following situations...
Making submissions of no case to answer: a storm in a teacup? - Joanna Droop, 12 King’s Bench Walk
Since the Civil Procedure Rules 1998 came into force the Court of Appeal has considered no less than six times the question of the procedure for putting Defendants to their election when making a submission of no case to answer at the end of a Claimant’s case...
Can it be professional negligence to pay money into court? - Niazi Fetto, 2 Temple Gardens & Elizabeth Wale, 2 Temple Gardens
Part 36 offers and payments.
Tesco Stores & Another v Connor Frederick Pollard (a minor) [2006] EWCA Civ 393 - Charles Curtis, 1 Temple Gardens & Lionel Stride
The Court of Appeal strictly delimited the meaning of “defect” for the purposes of the Consumer Protection Act 1987. The decision will delight defendants and their representatives.
Barker v Corus (UK) Plc - Jerome Mayhew, 1 Temple Gardens
A major development on apportionment of liability in asbestos cases.
Can exemplary damages be seen as a tool to combat small claims fraud? - Nigel Wilkinson QC, 1 Temple Gardens
The changes in the field of personal injury litigation over the past seven years have succeeded in drastically reducing the number of cases brought to trial...
Liability for Suicide: Corr v. IBC Vehicles [2006] EWCA CIV 331 - Duncan McNair, Equity House
Recent developments in Fatal Accidents Act claims.
Similar fact evidence in fraud cases - Tim Kevan, 1 Temple Gardens & Duncan McNair, Equity House
To enhance allegations that a claim is fraudulent, a party may look beyond the specific incident or claim under review, and explore wider activity to which the current incident/claim can be connected, for example...
Clinical Negligence Articles
Mishaps with Metatarsals in May: a doctor’s duty to Rooney, club and country? - Richard Booth, 1 Crown Office Row
As the World Cup approaches, what duties to doctors owe to the people who pay their footballer patients’ wages?
Medico-Legal Articles, Edited by Dr Hugh Koch
What is Pain? - George Harrison
According to the generally held definition, which was produced by the International Association for the Study of Pain, it is the subjective and emotional response to...
Update on low speed impact medical literature - Patrick Nee, Whiston Hospital
Examines recent publications in this area.
17 July 2006 - Industry News
The TAG litigation has embroiled over 600 law firms, making it probably the largest claim against the legal profession…
http://www.lawgazette.co.uk/features/view
Axa and the Post Office team up to offer a payment protection product – Lifestyle Protection…
http://www.postoffice.co.uk/portal/po/jump1
Ace Europe in a drive to recruit 250 staff by Q1 2007, to operate its new Glasgow Office…
http://www.aceeuropeangroup.com/AceEuropeRoot/
RSA to cut 1000 jobs in the UK in an efficiency drive…
http://today.reuters.co.uk/news/newsarticle.aspx
Howden launches professional indemnity insurance scheme for asbestos inspectors…
http://www.howdenins.co.uk/en/1/asbestos.html
Nationwide Accident Repair Services flotation on AIM looks set with a £55m capitalisation…
http://investing.thisismoney.co.uk/cgi-bin/digitalcorporate/
Fortis Insurance in a recruitment drive in Gloucester…
http://www.fortisinsurance.co.uk/recruitment/
DCA launches tender for Claims Management Sector Watchdog…
http://www.lawgazette.co.uk/news/breaking/view
Parliament likely to amend the Compensation Bill in order to mitigate against the effect of the House of Lords ruling in Baker v Corus…
http://www.gnn.gov.uk/environment/detail.asp
30 September 2010 Summary
NEWSLETTER
Industry NewsSummary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure
LAW JOURNAL
Editorial: Sport ScandalsPersonal Injury Articles
Recovery of behalf of Hospices for Gratuitous Services - William Latimer-Sayer, Cloisters
In the case of Drake v Foster Wheeler Ltd [2010] EWHC 2004 (QB) HHJ Thornton QC, sitting as a deputy judge of the High Court, considered the recoverability of a novel claim for gratuitous care in respect of care provided by St Joseph’s Hospice.
Limitation in Child Abuse Cases Since A v Hoare - Elizabeth-Anne Gumbel QC, 1 Crown Office Row
Since the A v Hoare cases there have been a series of cases clarifying how the Court should now apply the limitation provisions of the Limitation Act 1980 in child abuse claims.
Clark v Maltby – a reminder about pleading fraud - Lisa Sullivan, Cloisters
It is a well-known rule of conduct and pleading that if an allegation of fraud (and by fraud I mean any allegation of dishonesty) is being made, it must be pleaded. Additionally, in order to be able to plead such an allegation there must be reasonably credible material upon which such an allegation can be based. If there is no such evidence it should neither be pleaded nor put to a witness in any document or in court. Where does that leave allegations of malingering in personal injury cases? A recent example of how it should not be dealt with occurred in Clarke v Maltby [2010] EWHC 1201 (QB) and [2010] EWHC 1856 (QB).
PI Travel Law, Edited by Katherine Deal, 3 Hare Court
Failing Tour Operators - Andrew Young, 3 Hare Court
The financial collapse of Kiss Flights on 17th August 2010 revived memories of the series of high profile business failures in the British travel industry in the latter part of 2008 and prompted customers to ask how many more travel companies are likely to cease trading this year and what protection is available to the customer if the worst does happen.
Medico-Legal Articles, Edited by Dr Hugh Koch
Producing a high quality joint opinion; What do the experts think? - Dr Hugh Koch
The aim of joint opinion is to help the court clarify two experts opinion in terms of level of agreement and disagreement...
Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd
Pick up the phone to improve your cashflow - Philip Hesketh, Hesketh Mediation Services
Many mediators now offer telephone mediation as an effective method of dispute resolution. It provides many benefits, improved cashflow being the one probably closest to the heart of most personal injury department managing partners.
Marketing for Solicitors
Social Media, Winners & Losers: Advertising & Budgeting - Jenny Cotton, Mortons Marketing
Some believe advertising and budgeting are not linked- typically they do not work in advertising or marketing. Advertising is like any other investment, funds are committed to create a positive return. Advertising funds need to be targeted to the agreed strategy and tactics ie be job specific and routinely monitored throughout for value effectiveness. Are there winners and losers? Yes, those who regard advertising as an optional extra miss out to those who plan ahead. How should your practice advertising be budgeted?
Charon QC
Charon QC, September 2010
Party is over
30 October 2010 - Industry News
BBC
ABI recommend implanting Jackson review in full as soon as possible…
Post Online
Law Society judicially reviews family legal aid contracts…
Guardian
The changing relationship between solicitors and barristers…
Law Society Gazette
Law Commission recommends allowing companies defence of ‘due diligence’…
Telegraph
![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)
