PIBULJ
31 March 2008 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
New Constructions for Old - Alan Saggerson, 1 Chancery Lane
A Purposive Approach to the Jurisdiction of Domestic Courts in EU RTA claims.
Suicide: when does a defendant’s liability cease? - Katherine Deal, 3 Hare Court
In Corr (administratix of the estate of Thomas Corr deceased) v IBC Vehicles Limited [2008] UKHL 13, the House of Lords recently considered the extent to which a defendant who negligently injures someone can properly be held liable for damages if that person then subsequently commits suicide.
What is "work Equipment"? The Court of Appeal Limits the Reach of the Provision and Use of Work Equipment Regulations - Niazi Fetto, 2 Temple Gardens
The Provision and Use of Work Equipment Regulations are notorious for their strictness and their capacity to produce ostensibly unjust results for employers. That reputation is likely, however, to be heavily dented by the impact of the recent decision of the Court of Appeal in Smith v Northamptonshire County Council [2008] EWCA Civ 181.
Fatal Accident Claims, Do I Need a Grant of Probate? - Rankeshwar Batta, Anthony Collins Solicitors LLP
One procedural matter that often causes divided opinion is whether or not an official Grant of Probate/Letters of Administration is needed in order to issue and serve Court Proceedings in a Fatal Accident Claim.
Clinical Negligence Articles
Causation Conundrum - Dr Peter Ellis, Seven Bedford Row
Dr Peter Ellis considers the decision of Foskett J in Bailey v MOD. Can a negligent course of medical treatment, the consequences of which materially contribute to a claimant’s brain injury, be said to have caused the injury for the purposes of the law?
Medico-Legal Articles, Edited by Dr Hugh Koch
Continuing Pain Without Disease: The Development of Chronicity - Dr George Harrison, University Hospital Birmingham
The development of chronicity of pain is an issue that continually comes up in the assessment of patients who have suffered from injury. In some cases there is clear evidence of a continuing pathological process...
Coronial Law Articles, Edited by Bridget Dolan, 3 Serjeants’ Inn
Requirement to hold an inquest where culpable human failure possibly contributed to a death from natural causes. - Bridget Dolan, 3 Serjeants’ Inn
Bicknell v HM Coroner for Birmingham and Solihull [2007] EWHC 2547 Admin, 9 November 2007
Mediation & ADR Articles, Edited by Justin Patten, Human Law
PI Practitioners Are Doing It For Themselves: Settlement Meetings and Resistance to Mediation - Andrew Goodman, 1 Chancery Lane
At a time when CEDR is imminently to launch a new personal injury early neutral evaluation and mediation scheme, and when PIBA has for some time been debating in committee whether to devise its own scheme, personal injury practitioners appear to be no more welcoming to mediation.
Charon QC
Charon QC, March 2008
Hire this guy.
30 October 2009 - Industry News
APIL / MoJ
New amendments to CPR come into force, particularly Part 35…
Ministry of Justice
Jackson LJ considers raising small claims track limit in PI claims…
Law Gazette
Government fails to enact plan to help victims of NHS negligence…
Independent
Lord Hunt warns of lack of regulation in will writing, probate and claims handling…
Times
High Court dismisses challenge to enforced retirement at age 65…
Guardian
Debtor use consumer credit legislation to avoid credit card repayments in landmark decision…
BBC
30 April 2008 - Industry News
Claims Standards Council
Widow recovers damages in respect of husband’s work-related suicide
Times
Ministry of Justice announces date to unveil claims reform...
Russell, Jones & Walker
ABI, CBI and Citizens Advice join forces to urge for PI reforms...
ABI
Banks refund over three quarters of a billion, but save even more by staying cases...
BBC / Claim Bank Charges Back
ABI calls for adoption of Irish PI claims process...
Claims Standards Council
22 November 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
Bringing claims in time: St Helens Metropolitan Borough Council v Barnes [2006] EWCA Civ 1372 - Lisa Sullivan, Cloisters
Discussion of Court of Appeal authority on the date on which a claim is brought for the purposes of the Limitation Act 1980.
Making sense of the Workplace Regulation 12 (3) - Adam Dawson, 9 Gough Square
In the recent Court of Appeal decision of Rita Burgess v Plymouth City Council [2005] EWCA Civ 1659 Lord Justice May, Lady Justice Smith and Sir Anthony Clarke examined the application of Regulation 12 (3) of the Workplace (Health, Safety and Welfare) Regulations 1992)...
When is a claim “brought” for the purposes of the Limitation Act 1980? - Daniel Tobin, 12 King’s Bench Walk
When is a claim “brought” for the purposes of the Limitation Act 1980? - Daniel Tobin, 12 King’s Bench Walk
Claimants working on the ‘black’ economy and fraudulently obtaining benefits: the defence of illegality - Alejandra Hormaeche, Tanfield Chambers
Those advising claimants in cases where there is a potential claim in damages for loss of earnings but, prior to the accident date, the claimant had been securing undisclosed earnings whilst fraudulently obtaining benefits, need to consider quite carefully whether it is worth bringing a claim for loss of earnings at all.
Recent example of Blamire and Smith v. Manchester awards in the Court of Appeal - Sacha Ackland, 1 Temple Gardens
Ronan v. Sainsbury’s Supermarkets Ltd & Anor [2006] EWCA Civ 1074 (unreported) is a recent decision by the Court of Appeal (Lord Justice Hooper and Lord Justice Hughes) on 6 July 2006 which does not raise any great principle of law but is worth considering as a useful example as to how Blamire awards and Smith v. Manchester awards should and should not be applied in practice.
Just get to the court on time! Barnes v St Helens Metropolitan Borough Council [2006] EWCA Civ 1372 - Lionel Stride, 1 Temple Gardens
Most claimant practitioners have, at one time or another, courted danger by filing the claim form at or near to the expiry of the limitation period. It may be that they were only instructed to do so by their client at the eleventh hour or that the date of the initial accident had been wrongly entered on their own file...
Skiing Accidents - Katherine Deal, 3 Hare Court
So we come round to that time of year again when many people discover to their cost that, whatever one’s level of competence, launching oneself off the edge of a mountain on two bits of wood is not always as good an idea as it sounds. Usually, a skier will have only himself to blame, but in some circumstances it may be possible, and worthwhile, to bring a claim.
Clinical Negligence Articles
GMC v Meadow: No Expert Witness Immunity from Fitness to Practice Proceedings - Dr Peter Ellis, Lamb Chambers
In General Medical Council v Meadow , the Court of Appeal upheld the decision of Collins J, by a majority, that Professor Sir Roy Meadow, a paediatrician, had not been guilty of serious professional misconduct when giving expert evidence in the criminal trial of Sally Clark.
Medico-Legal Articles, Edited by Dr Hugh Koch
How can we identify or predict which trauma victims will develop psychological problems? - Hugh Koch, Hugh Koch Associates
A recent paper by Mason Etal (2006) followed up a series of 210 adults who attended a hospital casualty department with physical trauma. They were followed up at 1 month and 6 months and 18 months and assessed for psychological difficulties.
A comment on the (over)diagnosis of Post Traumatic Stress Disorder - Robert J. Edelmann, University of Roehampton
With regard to personal injury claims, Post Traumatic Stress Disorder (PTSD) is one of the most frequently diagnosed mental health problems. This brief comment argues that all too often far too little care is taken in medico-legal assessments, with PTSD regularly being misdiagnosed with the diagnosis even being used when the nature of the index accident does not warrant it.
29 December 2006 - Industry News
Claims Management companies turn their attention to endowment misselling claims…
www.rpc.co.uk/Default.aspx
The Law Society proposes a ‘fast & fair’ alternative to raising the small claims limit…
www.lawsociety.org.uk/newsandevents/pressreleases/view
The beginning of the end for Lloyds in its liability over Names reinsured by Equitas…
http://business.scotsman.com/latest.cfm?id=1556052006
Hiscox announce that the holding company for the group shall be domiciled in Bermuda…
www.iii.co.uk/investment/detail
FSA gets High Court approval for £655,000 to CIC Insurance policyholders…
www.fsa.gov.uk/consumer/01_WARNINGS/warnings/
Liverpool & Victoria’s Bournemouth and Victoria offices invite 500 new employees…
http://www.liverpoolvictoria.co.uk/aboutus/abc_insurance
![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)
