PIBULJ
30 November 2007 - PI Practitioner
Farley v. Buckley [2007] EWCA Civ 403
The claimant was overtaking a lorry on a major road. The lorry was turning left into a side-road, from which the defendant was emerging at 5 to 8 mph, without edging forward bit by bit, that is, ’nose-poking.’ The claimant was found to have been driving at 30 mph, and the trial judge described the manoeuvre as reckless. The judge dismissed the claim.
17 July 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
Should breach of the Working Time Regulations 1998 give rise to civil liability at common law? - Andrew Buchan, Cloisters
The case of Sayers v. Cambridgeshire CC was heard before Ramsey J in February 2006. It is of legal interest because Mrs Sayers claimed that she had been injured by overwork...
Maximising and Minimising Damages - William Latimer-Sayer, Cloisters
In this series of short articles I consider some of the arguments which may be deployed to maximise or minimise commonly occurring heads of loss.
Scope of Highway Authorities’ Duty to Maintain - William Hoskins, 1 Temple Gardens
Section 41(1) of the Highways Act 1980 imposes upon a highway authority a duty to maintain the highway.Section 329 states that...
Superstore Slippers - James Arney, 1 Temple Gardens
Slipping accidents in superstores have been the source of substantial litigation ever since the Court of Appeal’s decision in Ward v Tesco’s [1976] 1 WLR 810...
Time up on Walkley: Horton v Sadler & Another [2006] UKHL 27 - Eliot Woolf, Outer Temple Chambers
For the past 36 years, by virtue of the rule in Walkley v Precision Forgings Ltd 1979] 1 WLR 606, an injured Claimant whose original claim has been struck out...
Model Order for periodical payments in claims against NHS of Foundation Trusts - Susan Rodway QC, 39 Essex Street
All practitioners should now be aware of the new forms of Orders for approval by the court in actions against NHS Trusts in cases involving children or patients.
Electronic Disclosure: When is a Document not a Document? - Ben Leech, 12 King’s Bench Walk
Lawyers have long been familiar with the concept that a document is not simply a piece of paper. By CPR Part 31.4 a document is very broadly defined as...
Credit Hire Articles
Credit Hire: A Practical Guide - Tim Kevan, 1 Temple Gardens & Duncan McNair, Equity House
This article is aimed at those who are dealing with a credit hire case for the first time, or who have not been involved since before the major recent decisions.
Clinical Negligence Articles
Does the Judge Know More than the Expert? - Harry Trusted, Outer Temple Chambers
When is it right for the Court to disregard expert evidence in favour of a "common sense" approach?
Medico-Legal Articles, Edited by Dr Hugh Koch
The Duties of the Medical Expert and Limitations of the Medical Evidence - Patrick Nee, Whiston Hospital
Medical practitioners are frequently called upon to give an opinion on causation and prognosis in personal injury cases. With the increasing use by insurers of the so-called ‘low speed defense’...
30 October 2010 Summary
NEWSLETTER
Industry NewsSummary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure
LAW JOURNAL
Editorial: Update on RTA Claims SchemePersonal Injury Articles
Update on Choice of Laws - Katherine Deal, 3 Hare Court
We are fast approaching 2 years from the date on which it came into force, and there remain more questions than answers where Regulation EC No. 864/2007 on the law applicable to non-contractual obligations, ‘Rome II’, is concerned. The question of the temporal scope of Rome II is making its slow way to Luxembourg after Slade J referred two questions to the European Court in the summer in the case of Homawoo v GMF Assurance [2010] EWHC 1941 (QB), and written submissions are due to be lodged next month.
Personal Protective Equipment at Work Regulations 1992: Some Guidance - Sarah Fraser Butlin, Cloisters
The Court of Appeal in Threlfall v Hull City Council [2010] EWCA Civ 1147 has provided some useful guidance to the interpretation of Regulations 4 and 6 of PUWER. This takes a firmly commonsense approach, with a useful reminder of a pleading point.
Endocrine Disruption - Dr Andrew Auty, Re: Liability (Oxford) Ltd
Headlines such as deodorant causes breast cancer, teething rings damage the nerves of babies and plastics cause male infertility are now frequent. What they have in common is their focus on the effects of hormones on health and how hormones can be affected by exposure to chemicals in food or cosmetics. The science is highly uncertain. Regulatory responses risk being overzealous and the effects on liability exposure are uncertain.
PI Travel Law, Edited by Katherine Deal, 3 Hare Court
Travel Agents and Package Holidays: Some Clarification - Clara Johnson, 3 Hare Court
It is rare to find a travel agent being sued. This perhaps reflects a misconception as to whether travel agents are the correct party to sue in regulation 15 claims where there is a separate tour operator. If there is a misconception, it is probably this: the travel agent is merely acting as the agent of the tour operator and consequently, the package holiday contract is between the consumer and the tour operator as principal...
Medico-Legal Articles, Edited by Dr Hugh Koch
How to stop your legal mind wandering - Dr Hugh Koch
Recent research had found that those who regularly practice meditation have improved perception and find it easier and keep their attention fixed on what they are doing.
Coronial Law Articles, Edited by Bridget Dolan, 3 Serjeants’ Inn
Naming and shaming: Unsuccessful Rule 42 challenge to verdict of neglect against a care provider - Susanna Rickard, 3 Serjeants’ Inn
My Care (UK) Ltd v HM Coroner for Coventry [2009] EWHC 3630 (Admin)
Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd
Mediation, stress, and (more stress) costs: a couple of mediation experiences from the perspective of a Claimant’s solicitor - Jane Radcliffe, Pattinson & Brewer
During the course of his employment (which was most of his adult life) Mr X had suffered numerous physical injuries, including a serious head injury, and he had also encountered, without problem, many difficult and traumatic situations such as dealing with the aftermath of a multiple fatality...
Book Reviews
Personal Injury Schedules 3rd Edition by William Latimer-Sayer, Mr Justice Langstaff, Andrew Buchan, Rodney Nelson-Jones, William Audland and Julian Chamberlayne
Reviewed by Aidan Ellis, Temple Garden Chambers
Charon QC
Charon QC, October 2010
Torture and war - shall we sweep it under the carpet?
22 August 2006 - Industry News
RSA partners up with Westinsure Group – an independent community based network of insurance brokers…
www.royalsunalliance.com/royalsun/media/showpressitem.jsp
MIB takes on Medico-Legal and keeps on board Primex as its retained suppliers for medical reports…
http://www.mib.org.uk/Default.htm
Norwich Union has been appointed as the lead insurer for the Post Office…
Amicus rumoured to be in dispute with IMS Litigation Support over CFA insurance premiums running to thousands of pounds…
http://www.amicuslegal.co.uk/solus/solus.htm
ABI supports the PI limit in small claims cases to be raised to £5,000…
www.abi.org.uk/Display/File/Child/578/small_claims_paper.pdf
PANTS…police swoop on bogus accident claims (and arrest one man in his underpants)…
http://www.timesonline.co.uk/article/0,,2087-2252741,00.html
Claimsense could save 20-25% of costs to insurers under the pre-action protocol…
www.claimscouncil.org/news/2006/07/06/claimsense-on-target
Mark Boleat, former ABI Director, is announced as having the day-to-day responsibility of claims farmers…
www.publications.parliament.uk/pa/ld200405/ldhansrd/
30 November 2010 - Industry News
Prime Minister’s Office
Government moves forward on Jackson…
Claims Standards Council
Ministry of Justice invites consultation on regulation fees paid by claims management businesses…
Ministry of Justice
Legal Services Board rules out referral fee ban…
Law Society Gazette
Ken Clarke sets out cuts in Courts’ budget…
Guardian
Council pays out to worker dressed as a tomato injured by leapfrogging mayor…
Irish Times
16% increase in Court appearances by FTSE 100 companies…
Legal Week
![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)
