PIBULJ
29 June 2009 - Industry News
Judiciary of England and Wales
Court of Appeal rules that human rights laws extend to the battlefield...
Telegraph
MPs call for FSA to regulate personal injury claims...
Insurance Age
The two largest trade union firms in the UK combine to create one firm...
Thompsons
Minimum wage rises to £5.80 per hour...
BBC
... and employers to be banned from topping up staff wages with tips and service charges...
BBC
UK wins right to retain opt-out from Working Time Directive...
Personnel Today
29 December 2007 - PI Practitioner
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.
30 November 2010 Summary
NEWSLETTER
Industry NewsSummary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure
PI Practitioner
LAW JOURNAL
Editorial: Common Safety - Common Sense?Personal Injury Articles
Bankruptcy and Personal Injury Claims - Brent McDonald, Old Square Chambers
This article considers the effect of bankruptcy on personal injury claims, and the potential pitfalls which exist. It outlines the effect of cases such as Ord v. Upton [2000] Ch 352, Khan v. Trident Safeguards Ltd [2004] EWCA Civ 624 and Pickthall v. Hill Dickinson LLP and Ors [2009] EWCA Civ 54 and examines in what circumstances a claim can be brought by a person who has been made bankrupt. In a postscript to the article, the decision in Atkas v Adepta (a charity) [2010] EWCA Civ 1170 on second actions is reviewed.
Harvey v Plymouth City Council [2010] EWCA Civ 860 - John Chapman, 3 Pump Court
The recent decision of the Court of Appeal in Harvey v Plymouth City Council [2010] EWCA Civ 860 appears to have clarified the law somewhat to show that the courts may be hesitant in finding defendant landowners liable for any accident that occurs on their property.
PI Travel Law, Edited by Katherine Deal, 3 Hare Court
Who Pays for the Delays? - Tom Poole, 3 Hare Court
On 19 November 2009, the European Court of Justice (ECJ) ruled in the joined cases Sturgeon v Condor Flugdienst GmbH (C-402/07) and Böck and Others v Air France SA (C-432/07) that European passengers whose flights are delayed may be entitled to compensation...
Medico-Legal Articles, Edited by Dr Hugh Koch
Post Concussion Syndrome in Children - Dr Kathryn Peace
Mild traumatic brain injury (MTBI) is a fairly common occurrence in children who have been involved in road traffic accidents particularly when a pedestrian. Many will go on to develop post-concussive syndrome (PCS)...
Coronial Law Articles, Edited by Bridget Dolan, 3 Serjeants’ Inn
Whilst a Coroner’s powers as to the scope of investigation during a non-article 2 inquest were wide, they were not unlimited - Briony Ballard, 3 Serjeants’ Inn
R (on the application of Butler and another) v HM Coroner for the Black County District [2010] EWHC 43 (Admin) 21 January 2010
Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd
Supershield: A Super Settlement Weapon? - Tim Wallis, Trust Mediation Ltd
The "accident" in the Supershield case resulted in a flood rather than a personal injury but the case is of interest to personal injury practitioners. Indeed, this authority might be very useful indeed to a personal injury claimant in one particular situation: where a claimant wants to make progress with settlement discussions which are stifled because there are several defendants, and one of them is blocking settlement by taking a reasonable position.
Marketing for Solicitors
Forecasting Trends: 2010 Reviewed - Jenny Cotton, Mortons Marketing
It may seem early to assess trends forecast earlier this year but most can agree whatever 2010 has been, is now and will be known for it is a year of changes. Changes mean winners and losers from the status quo. Market audit techniques are the means to track and quantify change. Change means opportunity and well as threat. How can you, your practice and clients benefit?
Charon QC
Charon QC, November 2010
In the finest tradition of English Gilbert & Sullivan comic opera...
23 December 2010 - Industry News
Ministry of Justice
Lord Young quits over ‘gaffe’…
BBC
…and is replaced by Mark Prisk…
Telegraph
Appeal ruling could open door for legal actions against the care system…
Guardian
Unite seeks to challenge mesothelioma ruling in the Supreme Court…
Claims Standards Council
Miners’ compensation web-site under investigation by Ministry of Justice…
Law Society Gazette
House of Commons’ Transport Committee receives evidence in inquiry into the cost of motor insurance…
House of Commons
22 August 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
Majrowski: Vicarious Liability under the Protection From Harassment Act 1997 - Lisa Sullivan, Cloisters
Following the House of Lords decision that employers are vicariously liable for the acts of harassment of their employees, will there be a flood of claims?
Limitation Periods for Sexual Assaults - Elizabeth-Anne Gumbel QC, 1 Crown Office Row & Henry Witcomb, 1 Crown Office Row
Personal injury claims arising out of sexual assaults give rise to particular limitation problems...
Department for Transport v. Mott McDonald Limited & Others: Sounding the Retreat on Goodes? - Daniel Tobin, 12 King’s Bench Walk
This is a case which all highways practitioners need to be familiar with.
Mesothelioma Caused by Asbestos: Parliament Reverses Barker v Corus - Ian Ashford Thom, 1 Temple Gardens
In Barker v Corus [2006] UKHL 20, the House of Lords by a majority of 4 – 1 ruled that mesothelioma victims who had suffered asbestos exposure at the hands of a multiplicity of employers were not entitled to...
The Status of Pre-Action Admissions Post Sowerby v Charlton - Emma-Jane Hobbs, 1 Temple Gardens
A question that had, until recently, given rise to much uncertainty in the lower courts was whether CPR 14.1, the successor rule to Order 27, rule 3, was capable of being interpreted in the same way...
Rogers v Merthyr Tydfil: Proper Approach to Assessment of Staged ATE Premiums - Sacha Ackland, 1 Temple Gardens
A summary and comment on the recent Court of Appeal decision in which guidance is given on the correct approach to the issue of proportionality of ATE premiums, in particular staged premiums in small PI cases.
Surveillance Evidence in Fraud and Exaggerated Claims - Tim Kevan, 1 Temple Gardens & Duncan McNair, Equity House
With a growing number of cases going through the courts where insurers are either explicitly or implicitly questioning either the veracity of the claim or at least its’ credibility, it is a useful exercise to review a few of the authorities on the admissibility and use of surveillance evidence.
Paying for Care: Local Authorities or Defendants? - Lionel Stride, 1 Temple Gardens
This article examines two recent decisions in the High Court which have thrown into full relief the thorny issue arising in personal injury cases where a severely disabled claimant contends that...
Clinical Negligence Articles
Shipman and Beyond: the Future Regulation of Healthcare Professionals - Dr Peter Ellis, Lamb Chambers
Examines the long awaited reports by the Department of Health into the future regulation of the medical profession (the Donaldson report) and non-medical healthcare professionals (the Foster review).
Medico-Legal Articles, Edited by Dr Hugh Koch
Low Speed Impacts: Bunketorp O, Jakobsson L and Norin H - Patrick Nee, Whiston Hospital
Comparison of frontal and rear-end impacts for car occupants with whiplash-associated disorders.
Book Reviews
The Future of the NHS, Dr Michelle Tempest (Editor)
This is one of those special books that comes along only very occasionally...
![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)
