PIBULJ
17 July 2006 - PI Practitioner
STREET FURNITURE AND THE HIGHWAYS ACT
Matthew Shine v. Tower Hamlets LBC [2006] EWCA Civ 852
The Highways Act itself did not create any liability in respect of bollards, barriers and other street furniture. Section 66 of the Act gives a highway authority the power to install such things, but that provision is merely permissive and does not give rise to a cause of action. Neither does section 41. However, a highway authority can still be liable for negligence in relation to defective street furniture.
In Shine, the child Claimant tried to leapfrog a bollard. It was installed into a hole that was unsuitable, and wobbled as he jumped over it. This caused him to fall and suffer injury. The claim under section 66 of the Highways Act failed. So did the claim under section 41, although the Claimant had argued that the bollard failed because of a defect in the highway – the hole in which it was installed. The court found that the complaint was about the inadequate installation of the bollard, and the attempt to bring it under section 41 was artificial.
However, the judge had found that it was reasonably foreseeable that children would play leapfrog on the bollards. The Defendant had known about the state of the bollard, and was negligent in failing to repair it.
RECOVERABILITY OF MEDICAL AGENCY FEES
Woolard v. Fowler 24/5/2006
CPR 45.10 does not provide for a fixed level of disbursements. Therefore, if the Claimant seeks to recover the cost of paying an agency to obtain a medical report in a case governed by this rule, that cost is recoverable, provided it is reasonable, proportionate and does not include an administration fee.
CPR 45: THE INDEMNITY PRINCIPLE
Nizami v. Butt 9/2/2006
The indemnity principle does not relate to costs payable under CPR 45(II). The rules contemplate only that there be an agreed scheme which set out what can be recovered. There was no direct relevance to what was actually incurred. Although this might lead to overpayment in some cases and underpayment in others, overall it was fair. There was no need for the paying party to satisfy itself that the Claimant’s CFA was valid by going to court.
The rules for disbursements under 45.10 are different, however, as the levels are not fixed. The usual rules apply.
29 April 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
Post-traumatic Stress Disorder and the Unwilling Participant: Is Reasonable Belief Required? - Daniel Tobin, 12 King’s Bench Walk
Stephen John Monk v. PC Harrington Limited [2008] EWHC 1879 (QB)
Toropdar: a cause of concern for claimants? - Sarah Fraser Butlin, Cloisters
Jewel Ahmed Toropdar v D (a minor by The Official Solicitor as his litigation friend) (2009). This is a very unusual case whereby an insurance company sought a negative declaration that it was not liable to a victim in a PI case. Consequently the usual roles of the parties were reversed, with the insurers for Mr Toropdar as the claimant in this High Court action.
He Only Has Himself To Thank For The Consequences - Suzanne Cooper, Senior Lecturer Birmingham City University
Smith v Finch [2009] All ER (D) 158 (Jan). A cyclist was injured as a result of a collision with a motorbike. The cyclist was not wearing a helmet. Liability and contributory negligence in failing to wear a helmet were the main issues.
New case on contributory negligence in an RTA - Tabitha Nice, solicitor, Stewarts Law
Case of: Richard Lambert (Appellant) and Jenny Natasha Clayton Administrix of the Estate of Paul Michael Clayton deceased), [2009] EWCA Civ 237
When Does An Injury Give Rise To A Disability? Some Assistance From The EAT In Defining "normal day-to-day activities" - Niazi Fetto, 2 Temple Gardens
Since the advent of the 6th edition of the Ogden Tables it has been necessary for personal injury lawyers to assess whether a claimant is “disabled” by their injuries, so as to establish whether or not they benefit from the advantageous residual earnings and pension multipliers in Tables B and D. The impact upon the value of a claim of a failure to select the correct table can be enormous. In Chief Constable of Dumfries & Galloway Constabulary v Adams, UKEATS/0046/08/BI, 3.4.09, the Employment Appeal Tribunal gave some useful guidance on an important aspect of the definition of “disability”, namely the meaning of “normal day-to-day activities”.
Instructing an Expert new to Expert Witness work, part 4 - Jenny Cotton, Mortons Marketing
Experts’ Reports in Use
PI Travel Law, Edited by Katherine Deal, 3 Hare Court
Maher v Groupama: Where next for foreign insurers? - Katherine Deal, 3 Hare Court
Foreign insurers have recently suffered another blow in their increasingly ingenious attempts to avoid the implications of their insured injuring someone domiciled in England or Wales.
Medico-Legal Articles, Edited by Dr Hugh Koch
Active Steps to Reducing Stress: Mindfulness - Dr Hugh Koch
It is possible to use a technique called mindfulness to make a simple but significant change in your thoughts, feelings and bodily sensations and reduce your levels of stress.
Six is not the magic number / Six is not the best - Dr Manda Holmshaw & Dr Wilson Carswell, Moving Minds
Treatment for people with psychological disorders following RTAs
Marketing for Solicitors
Marketing Your Practice Part 6: Increasing Interest & Action, Write Your Own PR - Jenny Cotton, Mortons Marketing
PR is the quickest and most flexible marketing support available. We should each be able to do PR. Reading and more importantly practising the steps noted here will ensure we each improve and succeed.
Book Reviews
Guide To RTA Liability, Edited by Andrew Ritchie QC
Reviewed by Aidan Ellis, 1 Temple Gardens
Charon QC
Charon QC, April 2009
Inner and Middle Temple Libraries to merge?
26 October 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
Does enforceability of a Hire Agreement Matter? - Aidan Ellis, 1 Temple Gardens
In Bee v Jenson [2007] EWCA Civ 923, the Court of Appeal had the opportunity to consider an issue of general importance in insurance law.
Planning for Winter - Ben Leech, 12 King’s Bench Walk
The application of section 41(1A) of the Highways Act 1980 was discussed recently in the case of Rhiannon Pace v City and County of Swansea, 10th July 2007.
Ley v Devon County Council, Sounding the Retreat on Gulliksen? - Daniel Tobin & Nigel Lewers, 12 King’s Bench Walk
When identifying the central issue on appeal in the case of Gulliksen v. Pembrokeshire County Council [2002] EWCA Civ 968, Sedley LJ said "...the answer may have significant implications for local authorities throughout England and Wales." Few recent judicial observations can have proven to be so prescient.
Some Recent Quantum Issues Arising in the Cases of Lane V Lake (Deceased) and Burton V Kingsbury - William Latimer-Sayer, Cloisters
This article reviews a couple of recent first instance decisions relating to quantum highlighting some points of principle and practice practitioners may wish to look out for.
The Lacuna Over Part 36 and Fixed CFA Success Fees - Kiril Waite, 1 Chancery Lane
Earlier this year the CA heard the appeal in Lamont v Burton (2007) 3 ALL ER 173, a case that raises an important point of principle over the lacuna that exists between fixed CFA success fees and a failure to beat a Part 36 offer. Anyone involved in CFA work (claimants or insurers) should be aware of this decision and the ramifications it may have to any negotiated settlements.
Disapplying the Applicable Law under ss.11 and 12 of the Private International Law (Miscellaneous Provisions) Act 1995 - Sarah Prager, 1 Chancery Lane
In a recent appeal decision, Prince v Prince, 22nd June 2007, unreported, His Honour Judge Inglis gave guidance on the interpretation of ss.11 and 12 of the Private International Law (Miscellaneous Provisions) Act 1995. This article reviews the decision.
Clinical Negligence Articles
The Important Difference Between Personal Injury and Death – Richard Booth, 1 Crown Office Row
It is all too easy on occasion to keep the blinkers on when one is asked to advise in relation to a claim for damages for personal injury caused by clinical negligence. One simply advises in relation to the claim with which one is presented. A recent decision of Langstaff J, Thompson v Arnold [2007] EWHC 1875, rams home the importance of keeping at least one eye on the possibility that the claimant may die early as a result of the negligence in question.
Medico-Legal Articles, Edited by Dr Hugh Koch
Work Related Upper Limb Disorder - Dr George Harrison, University Hospital Birmingham
Work Related Upper Limb Disorder (WRULD) is the proper diagnosis of the condition generally called repetitive strain injury. This diagnosis has not hitherto been associated with any specific pathological condition but appears to cover a wide variety of conditions, in the majority of which the exact underlying pathology is still unknown.
Mediation & ADR Articles, Edited by Justin Patten, Human Law
Negotiating To Deliver Results - Justin Patten, Human Law
Mediation is about agreement and compromise. For some this might not seem a good way to resolve a dispute, especially when fuelled by the idea of "winning". But when you consider the success rates of mediation - where both parties reach an acceptable conclusion - settlement in mediation has to be a better result than "losing" through the Courts.
29 May 2009 - Industry News
Ministry of Justice
Mechanic awarded £400,000 for injury to fingers...
Guardian
Miners able to recover in respect of osteoarthritis of the knee...
DWP
Injured boy awarded “record” payout...
BBC
Insurers launch legal battle against Scottish government over pleural plaques...
Insurance Times
Bank charges saga rumbles on to House of Lords...
Telegraph
30 November 2007 - Industry News
BBC
...causing Claimant solicitors to explore new avenues for redress...
Insurance Times
UK Bodily Injury Awards Study shows continuing growth in claims...
IUA of London
Third Party Litigation Funding “could reduce spurious lawsuits”...
TimesOnline
Equal Treatment and the Ministry of Justice consultation...
Claims Standards Council
Court throws out “coincidental” roundabout claims...
Insurance Daily
Judge rules in Credit Hire Test Cases...
Browne Jacobsen
![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)
