31 May 2008 - PI Practitioner

WORKPLACE REGS 12(1) AND 12(2) – FLOOR SLIPPERINESS
Ellis v. Bristol City Council [2007] EWCA Civ 685
In the Workplace (Health, Safety & Welfare) Regulations 1992, the combined effect of r. 12(1) and 12(2) was that the floor of a workplace must not be slippery. The slipperiness had to be considered in the context of the use to which the floor was put, including temporary circumstances which arose with sufficient regularity. The court had to consider the frequency of any intermittently hazardous conditions, the chance of injury and the severity of that injury.

In this case, the floor of the claimant’s workplace was frequently contaminated by urine. The surface was slippery when wet, and injury was reasonably foreseeable. The defendant was in breach of r. 12(1) and 12(2), although the claimant, having been warned of the hazard, was guilty of contributory negligence to the extent of one-third.

25 January 2007 - PI Practitioner

PERIODICAL PAYMENTS: WHEN RPI IS INAPPROPRIATE
Thompstone v. Tameside and Glossop Acute Services NHS Trust [2006] EWHC 2904 (QB)
When a claimant seeks an order for periodical payments, he can ask the court to order them to be increased otherwise than in accordance with the RPI. However, the burden of showing that the RPI would be inappropriate is on the claimant.

In this case, the claimant argued that the sums required to pay for care and assistance would increase faster than the RPI, as the earnings in that field would probably grow more quickly. The court was satisfied that ordering RPI increases would under-compensate the claimant, and awarded an increase matching the 75th percentile of a survey of earnings of care assistants.

DECISION BASED ON ARGUMENT NOT IN PLEADINGS: WRONG
Dziennik v. CTO [2006] EWCA Civ 1456
It is wrong for a judge to base his decision on a point not raised either in pleadings or in argument.

The defendant argued that the claimant was contributorily negligent in relation to an accident on board a ship. The claimant was injured when he removed a sensor unit from a coolant line filled with very hot water, which escaped and burned him. He had believed a safety device was in place to prevent this. The defendant pleaded and argued that the claimant was contributorily negligent for failing to follow a procedure for the operation. The judge found the claimant 60% to blame because it was irrational to believe a safety device was present, an allegation which had been neither pleaded nor argued by the defendant. The finding was therefore overturned on appeal.

PHARMACISTS’ NEGLIGENCE: THE STANDARD REQUIRED
Horton v. Evans [2006] EWHC 2808 (QB)
A pharmacist dispensing prescribed medication is required to consider whether the medication is suitable for the patient. In this case, an increase in the dosage of a regularly prescribed drug should have caused the pharmacist to question whether the prescription reflected what the doctor wanted, or whether it was a mistake.

April 2011 Summary

NEWSLETTER

Industry News
Summary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure
PI Practitioner

LAW JOURNAL

Editorial: Kettling, Corralling & Containing

Personal Injury Articles

Use of the Highway Code in Personal Injury Claims - Sarah Prager, 1 Chancery Lane
The extent to which a breach of the Highway Code evidences negligent driving has long been a controversial area, with some judges at first instance apparently treating any breach as being conclusive proof of negligence, and others taking a more flexible approach. The Court of Appeal considered the issue in the recent case of Goad v Butcher, 22nd February 2011.

Children who sue their parents - Heather Platt, Pump Court Chambers
The law of tort is primarily concerned with providing a remedy to persons who have been harmed by the conduct of others. This article considers the law in respect of parents’ legal obligations towards their children and some examples of cases which involve a child suing his or her parents for causing physical or psychological harm using examples from the UK and comparable legal systems around the world.

Credit Hire Articles

Chen Wei v Cambridge Power and Light Ltd - Jason Prosser, Credit Hire Advocacy Services
When the Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations (SI 2008 1816 – the “Regulations”) came into force on 1 October 2008 they included a provision that non compliance, particularly failure to provide notice of cancellation in a prescribed form, would result in contracts to which they applied being unenforceable by the contracting trader against a consumer. These terms are similar to those considered in Dimond v Lovell [2002] 1 AC 384 which caused much consternation for credit hire companies...

PI Travel Law, Edited by Katherine Deal, 3 Hare Court

Hook -v- British Airways Plc (25 February 2011), No Damages for Failure to Meet Seating Needs of Diabled Person - Howard Stevens, 3 Hare Court
In the recent case of Hook v British Airways PLC Mr Hook, a disabled person who suffers from mobility and learning difficulties, sued BA for its alleged failure to make reasonable efforts to meet his seating needs on flights to and from Cyprus, contrary to Article 10 and Schedule II of Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air ("the EC Regulation"). His claim for damages was struck out and his appeal dismissed.

Medico-Legal Articles, Edited by Dr Hugh Koch

"I get by with a little help from my friends": The Effects of Post-Incident Psychological Symptoms on Socialization - Dr Kathryn Newns
Stressful life events have been associated with psychological distress and depression. However in many cases social support can be a mitigating factor, protecting the individual from significant psychological symptomology.

Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd

Are We Heading for Mandatory Mediation in Personal Injury Claims? - Tim Wallis, Trust Mediation Ltd
Not satisfied with changes to legal business structures, Legal Aid, and CFAs the Government is now introducing another raft of changes, this time concentrating on the County Court.

Marketing for Solicitors

Brand Longevity or Refreshing Update? What needs branding? Brand updating? - Jenny Cotton, Mortons Marketing
How to update the brand was considered in part 21. Revolution or evolution was discussed. Now What needs updating will indicate the changes needed. Our audit of what the practice is known for and by whom will define to whom our messages must be delivered, part 23. Speed may be essential but hopefully awareness of practice profile and the regular review of profile will mean that time to implement cost effectively ie including significant replacement activity rather than quick and costly write offs will be possible.

Charon QC

Charon QC, April 2011
Laws should be enacted for the benefit of society as a whole.