This site uses cookies.

PIBULJ

25 September 2008 - Industry News

Government published results of consultation on fixed recoverable fees and ATE...
Ministry of Justice

...and launches consultation into claims management regulation...
MoJ- Claims Regulation

Footballer awarded “record sum” in PI claim...
Times

General Medical Council publishes guide to acting as an expert witness...
General Medical Council

NHS asked to spend on maternity services rather than litigation...
Claims Standards Council

”Cash for Crash” gang sent to prison...
Watford Observer

31 December 2009 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

Personal Injury Articles

Six cases on interim payments since Cobham Hire Services Ltd v Benjamin Eeles - Henry Witcomb, 1 Crown Office Row
The cases since the Court of Appeal’s decision in Eeles have demonstrated the real difficulty in establishing the likely capital award that a trial judge will make so as to recover a reasonable proportion of this sum by way of interim payment...

Limitation, delay and forensic prejudice: McDonnell & Anr v Walker [2009] EWCA Civ 1257 - Shyam Kapila
Following the landmark decisions in Horton v Sadler [2007] 1 AC 307 and A v Hoare [2008] 1 AC 844 that have done much to alter the limitation landscape, Waller LJ has delivered a key judgment concerning the meaning and effect of any ‘delay’ for the purposes of s. 33 of the Limitation Act 1980...


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

Maher v Groupama Grand Est [2009] EWCA Civ 1191 - Howard Stevens, 3 Hare Court
The Court of Appeal (Moore Bick LJ, with whom Mummery and Etherton LJJ agreed) confirmed that the law applicable to the assessment of damages in a direct action in England (not caught by Rome II) against a motor insurer domiciled in another Member State is English law; further, that section 35A of the Senior Courts Act 1981 creates a remedy rather than a substantive right to interest and is, therefore, available to a claimant in such a direct action, even if the applicable law of the tort is not English law.


Medico-Legal Articles, Edited by Dr Hugh Koch

Responding to the Psychological Needs of People Following a Traumatic Event - Dr Kathryn Newns
It is commonly thought that suppressing memories related to traumatic events results in PTSD symptoms, whereas thinking about the event and processing the memories leads to those memories being successfully integrated with other memories. However, this theory has been challenged...

How People Talk about Their Chronic Low Back Pain - Dr Kathryn Newns
Low back pain is a common road traffic accident (RTA) injury with a prolonged recovery (Cassidy et al. 2003). The prolonged duration of the condition is thought to be related to psychological symptoms and the social difficulties that accompany the problem (Snelgrove and Liossi, 2009) with 85% of sufferers failing to respond to medical treatment alone ( Klaber Moffett et al. 1995).


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

Education key to increasing Personal Injury Mediation. - Philip Hesketh, Hesketh Mediation
The former Master of the Rolls, Lord Clarke of Stone-cum-Ebony, has been a long time supporter of mediation in personal injury litigation. Speaking at the Proclaim Personal Injury Awards ceremony in London in November he took the opportunity of re-iterating this position.


Marketing for Solicitors

Marketing Your Practice Part 12: New Year’s Resolutions, for your practice and yourselves - Jenny Cotton, Mortons Marketing
For most individuals the year end break gives time to reflect on the current balances of life, working and living. Some LLP s will have December year ends and so begin the calendar year in a new financial year. So for many, professionally and personally, the year start is a good time to introduce change. What changes?


Charon QC

Charon QC, December 2009
Call for universities to charge well-off students £30,000 a year

31 January 2010 - Industry News

Large legal costs incurred in NHS negligence claims…
Times

MPs lobby to exclude solicitors from pleural plaques compensation scheme…
Law Gazette

Miners’ compensation solicitors lose appeal against being struck off…
BBC

Law-firm introduces Iphone application…
Mac World

22 February 2007 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

Personal Injury Articles

Recent developments in Respect of Limitation in Child Abuse Cases - Elizabeth-Anne Gumbel QC, 1 Crown Office Row & Henry Witcomb, 1 Crown Office Row
Sets out the new developments in respect of Stubbings v Webb and Bryn Alyn.

Low Velocity Impacts: Developments since Kearsley - Alejandra Hormaeche, Tanfield Chambers
The Court of Appeal’s attempt in Kearsley to provide guidance on the case management of low velocity impact (LVI) claims with a view to achieving a degree of uniformity of approach by the judiciary in handling such cases would appear to have been ineffective...

The meaning of knowledge: McCoubrey v MOD [2007] EWCA Civ 17 - Lionel Stride, 1 Temple Gardens
Jason McCoubrey joined the Army in 1991. In October 1993 he was involved in an accident during a training exercise. In the course of a simulated attack on his position, an officer threw a thunderflash into his trench...

Flora: Spreading Good News for Experts in the Discount Rate Debate - Mark James, 1 Temple Gardens
In personal injury (and fatal accident) litigation a long war has been waged as to what is the appropriate discount rate (i.e. how much credit a claimant must give for the likely return he will make on a capital lump sum representing future annual payments should he invest it) for calculating the multiplier for future heads of loss.

Credit hire and impecuniosity - Tim Kevan, 1 Temple Gardens & Adian Ellis, 1 Temple Gardens
Credit hire has for a long while been a tricky area. First, there were the champerty disputes which were finally settled by the House of Lords in Giles v Thompson [1994] 1 AC 142 deciding that credit hire agreements were not unenforceable for this reason. Then there was the consumer credit dispute...


Clinical Negligence Articles

Can Pay, Won’t Pay: Refusal of Indemnity by Medical Defence Organisations - Dr Peter Ellis, Lamb Chambers
In a large majority of clinical negligence claims, the individual healthcare professional involved is an employee, usually of an NHS Trust. Thus if they are sued for negligent errors or omissions occurring in the course of their employment, their employer, the NHS Trust, is vicariously liable, and the individual can rely on NHS Indemnity to meet the damages and legal costs.


Medico-Legal Articles, Edited by Dr Hugh Koch

Medico-Legal Expert Witnesses: Starting a Reform - Dr Michelle Tempest, Addenbrooke’s Hospital, Cambridge
The Chief Medical Officer (CMO) is proposing a radical overhaul of the current medico-legal expert system to improve the quality of the service and to ensure a sustainable supply of expert witnesses. The report Bearing Good Witness: Proposals for reforming the delivery of medical expert evidence in family law cases has been launched for a period of public consultation ending on 28th February 2007.


Coronial Law Articles, Edited by Bridget Dolan, 3 Serjeants’ Inn

A serious suicide attempt by a prisoner requires an effective investigation compliant with article 2 ECHR standards - Bridget Dolan, 3 Serjeants’ Inn
R (JL) v Secretary of State for the Home Department [2006] EWHC 2558 (Admin) 1 November 2006.


Charon QC

Charon QC, February 2007

22 March 2007 - Industry News

NHS set to recover £150m in personal injury costs with the introduction of the Injury Costs Recovery Scheme…
www.gnn.gov.uk/Content/Detail.asp

Claims farmer – Freeclaim IDC – drops £100k libel claim against Thompsons…
news.apii.org.uk/blog/_archives/2007/2/16/2741191

Suspended sentence against a fraudulent PI claimant sends a message…
news.apii.org.uk/blog/_archives/2007/2/16/2741195

Groupama signs up for a 5 year commitment to Colossus…
www.groupama.co.uk/latestnews/press/rel-2007/

Winterthur pursue 90% of 76,000 cases after considering the results from their audit of TAG files…
www.lawgazette.co.uk/news/breaking/view=newsarticle

Russell Jones & Walker is the first law firm to step into the arena of alternative business structures…
www.thelawyer.com/cgi-bin/item.cgi

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.