PIBULJ
22 February 2007 - PI Practitioner
RUGBY IN SCHOOL – SELECTION OF PLAYERS
Mountford v. Newlands School [2007] EWCA Civ 21
The claimant was involved in a rugby game organised by the defendant. The applicable Junior Rugby Guidelines of the English Rugby Football Schools’ Union, set out that players should not normally be allowed to play outside their age grouping (rule 5). The claimant was in an under-15s game, but was tackled by a boy well over that age, with considerably greater height and weight. The claimant suffered a broken elbow.
The school was held to be liable. Although the word ‘normally’ in the rules gave the school a discretion to allow boys to play in younger age groups, there was no suggestion on the present case that there was any reason for the older boy to do so. Absent any special circumstances, the ‘normal’ rule should apply, and the defendant was therefore in breach of duty for permitting the older boy to play. The purpose of r. 5 was to protect younger boys from injury arising from the superior size and strength of older boys.
SOLICITOR – DUTY TO OPPONENT IN SETTLEMENT NEGOTIATION
Thames Trains v. Adams [2006] EWHC 3291 (QB)
The defendant had made a claim against the claimants for personal injuries arising out of a train accident. The claimants had made payments into court totalling $9.3 million. On 25th February 2005 at 9.45 the defendant’s solicitor telephoned the claimant’s solicitor to say that the defendant needed a total of $10 million. The claimant’s solicitor said that no more money was available. At 10.41 the defendant’s solicitor, acting on instructions, sent the claimant’s solicitor a fax accepting $9.3 million. At 11.40 the claimant’s solicitor telephoned the defendant’s solicitor to offer a further $500,000. The claimant’s solicitor had not received the 10.41 fax, and the defendant’s solicitor did not tell her. The claimant issued proceedings on the grounds of estoppel, mistake and unconscionable conduct by the defendant’s solicitor.
Held: the defendant’s solicitor had not committed any sharp or unethical practice. In the circumstances the 10.41 fax was an offer, not an acceptance, and did not of itself create a binding contract. The defendant’s solicitor was entitled to withdraw that offer at any time, and indeed it had been impliedly rejected by the claimant’s solicitor’s conduct. The defendant’s solicitor was under no duty to draw the 10.41 fax to the attention of the claimant’s solicitor, despite her general duty to act with all frankness in her dealings with opponents.
May 2011 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: On Parliament and Premiership FootballersPersonal Injury Articles
Councils on a collision path with the Courts? - Helen Tinkler, BPP & Central Law Training
Does Lambeth Council’s recent announcement of a change to its highway inspection and maintenance regime put it on a collision path with the courts? Wilkinson v City of York Council and ss.41 and 58 Highways Act considered - deviation from the national code of practice for the maintenance of highways because of budgetary considerations may come at an increased cost in litigation caused by an authority’s failure to maintain the highway.
The assumption of responsibility in holiday cases - Sarah Prager, 1 Chancery Lane
The extent of the tortious duty to holidaymakers in the aftermath of Parker v TUI [2009] EWCA Civ 1261
Credit Hire Articles
The ups and downs of a premier league footballer - Jason Prosser, Credit Hire Advocacy Services
At this time of the year one might think that an article with such a title would be concerned with issues of promotion and relegation:: not so, this article is concerned with the various movement between lower and higher courts of a certain Darren Bent but I stress at the outset that this has absolutely nothing to do with super injunctions, rather the more mundane issues of credit hire.
Medico-Legal Articles, Edited by Dr Hugh Koch
Anxiety and PTSD in Cardiac patients - Dr Hugh Koch & Dr Alice Knight
Copland, Joekes and Ayers (2011) recently described how approximately 50% of cardiac patients may have symptoms of anxiety, half of whom will have clinically significant anxiety disorders. This level of anxiety can affect the development of heart disease, its course and possible rehabilitation.
Jones v. Kaney [2001] UKSC 13 Another perspective, this time from a medical standpoint - Dr EM Holmshaw & J Wilson Carswell, Moving Minds
Jones v Kaney has been an important case in defining the liability of an expert witness. However the case raises two important medical issues, which were not specifically addressed in this case. These concern the diagnosis of PTSD and allied conditions and secondly the role of appropriate treatment in assessing the quantum of damages.
Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd
Personal injury mediation: practical tips and traps - Tim Wallis, Trust Mediation Ltd
The fact that over 90% of personal injury claims that are mediated result in a settlement on the day, or shortly afterwards, proves Sir Rupert Jackson’s point that mediation works well for this type of claim. I work with practitioners during the regular conduct of mediations in this field and it is not entirely surprising that problems inevitably occur in practice. Also, some practitioners do particularly well for their clients. This article is a miscellaneous series of observations, tips and traps arising from such work.
Marketing for Solicitors
Competition Theory and Practice: How Michael Porter can Help Your Practice - Jenny Cotton, Mortons Marketing
What are you known for? How is your practice recognised? This becomes all the more essential as new entrants to the legal services market cease to be mere rumours and become strong forces for change. Did you read the Financial Times 28 March, Co-op to offer legal services as Big Bang nears? What plans has your practice for the arrival of the Co-op and the rumours of the AA, Saga and others? This FT article notes Tesco has expressed little interest despite their heading the page "Tesco Law".
Charon QC
Charon QC, May 2011
Injunction publicity backfires on celebrity law firm
30 June 2011 - Industry News
Association of Personal Injury Lawyers
…whilst ABI call for a reduction in Britain’s ‘whiplash culture’…
Association of British Insurers
LSB confirm no blanket ban on referral fees…
Legal Futures
Lawyers call for compulsory mobility scooter insurance…
Law Society Gazette
Bent credit hire claim to return to Court of Appeal a second time…
Claims Standards Council
Peace activist wins victory in battle to block cuts to legal aid funding…
Independent
MP claims insurers are ‘milking’ motorists…
Birmingham Post
Banks abandon fight against PPI compensation claims…
BBC
29 August 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
Fraudulent Claims: What Happens Next? - Katherine Deal, 3 Hare Court
Fraudulent claims are no doubt as old as the legal profession itself. Whether the claimant is basing his claim on a wholly inaccurate version of events, or has a genuine claim and simply exaggerates part of it, defendants and the court must keep a careful eye out to attempt to identify the bad apples in the barrel of honest litigants.
Credit hire and collision damage waiver - Aidan Ellis, 1 Temple Gardens
Claims for credit hire are fraught with technical issues but one which often seems to be over-looked is the claims which are made for collision damage waiver (CDW). This article provides a brief guide to the main principles applied to this area.
The Role of the ABI GTA in Credit Hire Claims - Anthony Johnson, 1 Temple Gardens
The Association of British Insurers General Terms of Agreement (ABI GTA) is an accord between subscribing insurers and credit hire organisations (CHOs) which is intended to, amongst other things, simplify the process of settling credit hire claims by enabling claims to be settled quickly on terms agreeable to both sides.
Clinical Negligence Articles
Smoke-Free Regulations and Current Exemptions - Lisa Rodgers, Birmingham City University
This article considers the recent case of R (on the application of G) v Nottinghamshire Healthcare NHS Trust [2008] EWHC 1096 (Admin), handed down on 20 May 2008.
Medico-Legal Articles, Edited by Dr Hugh Koch
Post-disaster Physical Symptoms (Slottja et al, 2008) - Dr. K.V.J. Newn & Dr Hugh Koch
The relationship between exposure to disasters and subsequent unexplained physical health has an interesting relationship with Post-Traumatic Stress Disorder (PTSD). Physical health problems often occur alongside a diagnosis of PTSD (e.g. Wolfe et al; 1999) and it has been proposed that PTSD has a mediating (Schnurr & Green, 2004) or moderating (Van de Berg et al 2005) role between exposure to a traumatic event and subsequent physical health symptoms.
Mediation & ADR Articles, Edited by Justin Patten, Human Law
ADR is the answer! - Maurice Nichols, Browne Jacobson
Do you as a personal injury solicitor recognise the following scenario? You work hard on a case which proves to be unsettleable. At the Court door counsel arrives. A quick huddle with his opposite number, numbers for discussion emerge and after a few minutes a settlement materialises.
Is there a Need to Mediate? - Philip Hesketh, Clarkson Hirst Solicitors
An article examining the rules and obligations that lie behind the recent changes to the allocation questionnaire and the penalties that parties may face if they refuse to consider mediation.
Charon QC
Charon QC, Aug 2008
The harbingers of doom gather as the credit-crunch brings into focus the rising/falling fortunes of lawyers and law firms.
30 June 2011 - PI Practitioner
Beck v Ministry of Defence [2003] EWCA Civ 1043
Where a Defendant seeks to change experts in the same field, generally a condition of the court allowing them permission to do so is disclosure of the previous expert’s report once the permission for a new expert has been granted.
Nicos Varnavas Hajigeorgiou v Vassos Michael Vasiliou [2005] EWCA Civ 236
The court does not have the power under CPR 35.4 to direct whether parties can instruct experts, but to direct whether parties may call experts at trial. Where a direction gave the parties permission to ‘instruct one expert each’ in a particular field, the direction was in fact that each party may rely on one expert at trial. Additionally, if a party in this scenario had instructed an expert before the direction was given, but subsequently chose not to rely on that expert so instructed a second expert and chose to rely upon that second expert instead, they did not need further permission from the court.
Ricky Edwards-Tubb v JD Wetherspoon Plc [2011] EWCA Civ 136
The power for a court to impose a condition of disclosure of an earlier expert report when granting permission to change experts is available where the change of expert occurs pre-issue as well as when it occurs post-issue. It is a matter of discretion, but the power should usually be exercised where the change comes after the parties have embarked upon the pre-action protocol and engaged in the process of the claim with each other. However, where a party has taken advice pre-protocol at his own expense there is generally no justification for infringing his privilege in the absence of an unusual factor.
![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)
