PIBULJ
20 October 2008 - Industry News
Ministry of Justice
Scottish Government’s asbestos damages plans described as “flawed”...
BBC
Mother sues hospital over caesarian birth without pain relief...
Telegraph
Grandfather to sue after wrongly being told he was dying...
Times
NHS bill from lawyers “soaring”...
BBC
Lawyer threatens to sue FA for failure to insure...
Law Society Gazette
31 January 2010 Summary
NEWSLETTER
Industry NewsSummary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure
LAW JOURNAL
EditorialPersonal Injury Articles
Living with Rejection: The Brave New World of Part 36 - Professor Mark Hill QC, Pump Court Chambers
The Civil Procedure Rules 1998 have undergone repeated amendment over the past ten years and practitioners have grown used to periodic changes. A subtle, though significant, alteration to the Part 36 process has not been as widely appreciated in the profession as it ought to have been. It concerns ‘life after death’ or, more prosaically, the capacity of Part 36 offers to be accepted after they have been rejected...
Jackson Review: Clinical Negligence Perspective? - Rankeshwar Batta, Anthony Collins LLP
On 15 January 2010 the final report concerning litigation costs review was published. In short, overall, it is likely that Defendants will be more content with the recommendations than Claimants.
Causation, Remoteness and Contributions: Spencer v Wincanton Holdings Ltd [2009] EWCA Civ 1404 - Shyam Kapila
The dispute in Spencer was as to what kind of act on the claimant’s part constitutes an interruption in the chain of causation. Furthermore, by what test does the court decide whether the damages are to include the aggravated element of the injury in full, in part or at all?
PI Travel Law, Edited by Katherine Deal, 3 Hare Court
Going Off-Piste? Tour Operators’ Liability for Excursions - Sarah Crowther, 3 Hare Court
What is the extent of a tour operator’s liability when an accident occurs in the course of an excursion sold by its representatives to a customer in resort? The recent decision of the Court of Appeal in Parker v TUI [2009] EWCA Civ 1261 provides ammunition for arguments on both sides.
Medico-Legal Articles, Edited by Dr Hugh Koch
Can you Tell I’m Honest? - Tom Hughes and Hugh Koch
Research conducted by Finch & Fafinski (2009) has concluded that there are significant variations in how people define dishonest behaviour, and that this can impact on the findings of jurors when assessing the merits of criminal cases.
Detecting Malingered Memory Problems - Hugh Koch and Chrissie Tizzard
Review of article by oorsou W K and Merckelbach H, Legal and Criminological Psychology 15, 1, Feb 2010.
Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd
A New Year Resolution - Judith Kelbie, Trust Mediation Ltd
It was a steel grey winter’s day in the first week of the new decade. The South Yorkshire city reflected the weather - cold and blustery...
Marketing for Solicitors
Marketing Your Practice Part 13: Ethical Marketing for Practices Why? What? When? - Jenny Cotton, Mortons Marketing
Ethics have always been important and are now very topical. Perhaps after New Year’s resolutions and 2009 revelations a formal check is in order? Parts 13 and 14 content are linked. We start considering afresh what ethical influences apply to our practice and how marketers can help their colleagues? What ethics do others believe we should have? Do we agree? In Part 14 we consider the ethical issues practice marketeers must address the self regulatory requirements of the ASA, the Advertising Standards Authority Codes of Practice.
Charon QC
Charon QC, January 2010
Judges throw out measures to freeze assets of terror suspects.
28 February 2010 - Industry News
Judiciary of England and Wales
Report applauded by top judges…
Law Weblog
… whilst Claimant lawyers argue that the reforms would impede access to justice…
The Lawyer
AA says ‘compensation culture’ raising car insurance premiums…
BBC
MOD pays more compensation to chicken farmer than injured soldier…
Telegraph
22 March 2007 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
Indemnities for future loss: a solution to uncertainties of future loss or groundwork for future litigation? - Lisa Sullivan, Cloisters
There have been an increasing number of settlements in high value claims where indemnities have been agreed for future care costs. Where a Claimant may be entitled to receive state funding for their care, the Defendant can argue that any amount received should be deducted from the award of damages...
Evidence of Expert Opinion as Evidence of Fact - Ian Ashford Thom, 1 Temple Gardens
In Kirkman v Euro Exide Corporation (CMP Batteries Ltd) [2007] EWCA Civ 66, it was claimed that a knee injury from an accident at work had resulted in the need for an operation which had been carried out and which had given rise to major complications. Each side was permitted to rely on the expert evidence of one Consultant Orthopaedic Surgeon...
Negligence of pedestrians - Katherine Deal, 3 Hare Court
Whenever a pedestrian comes into collision with a ton or so of moving metal, the odds are that personal injury will result. It may often appear to defendants that the court will approach the matter almost on the presumption that the driver must bear at least some responsibility where his car collides with a pedestrian...
Injury, death, dependency: how many causes of action? - Tim Petts, 12 King’s Bench Walk
Reader v Molesworth Bright Clegg Solicitors [2007] EWCA Civ 169
Road Traffic 2007: Drivers Beware! - Adam Dawson, 9 Gough Square
In relation to road traffic accidents the government and related agencies appear to have spent an increasing amount on hard hitting advertising. Their slogan is Think! Although as the recent case of Ehraro v Curry & Anor [2007] EWCA Civ 120 shows, thinking time is not high up on the agenda of the judiciary.
Diagnosing Subtle Brain Injury - Aidan Ellis, 1 Temple Gardens
The recent personal injury case of van Wees v (1) Karkour (2) Walsh, contains some interesting discussion of the medicine behind claims for subtle brain injuries.
Clinical Negligence Articles
Fairness and the General Medical Council - Striking the right balance - Richard Booth, 1 Crown Office Row
The regulation of all professions, but in particular the medical profession, has been a burning discussion topic in recent years. The fundamental question is to what extent any profession should be permitted or entitled to regulate itself.
Medico-Legal Articles, Edited by Dr Hugh Koch
PTSD or not PTSD? - Dr David Gill, PsychiatryForLawyers.com
Psychiatric experts are often asked about the presence or absence of a diagnosis of post-traumatic stress disorder. Of course, it’s not just an academic question - damages for PTSD tend to be higher than for related or indeed overlapping conditions such as anxiety and depression.
Complex Regional Pain Syndrome - Dr George Harrison, University Hospital Birmingham
Contradictory as it may seem, the primary aim of a pain management team is not the curing of pain, as we have to accept that this may not be possible, but the restoration of function...
Book Reviews
Expert Evidence: Law and Procedure by Tristram Hodgkinson and Mark James
Here is a book which tackles the broad subject of expert evidence with admirable precision and attention to detail.
Charon QC
Charon QC, March 2007
Podcasts, smoking bans, Viagra and a very ’Modern Attorney-general’...
19 April 2007 - Industry News
Poor likely to suffer in fees dispute as some legal aid firms hold out
A stand-off on the legal aid contracts leaves thousands of poor people without access to justice.
The
Guardian
Footballer awarded £1.5million for unnecessary knee surgery
Ex-West Brom and Man Utd player Michael Appleton won £1.5 million for an unnecessary knee surgery.
Baggies World
Lawyers protest over legal aid reforms
Hundreds of Lawyers demonstrated outside Parliament against reforms to the legal aid system.
BBC
Woman wins ‘record’ £8.5 million damages
A woman received £8.5 million damages in what is thought to be one of the highest ever injury compensation awards.
The
Telegraph
Top ten US jury verdicts for 2006
Enough to make any Claimant solicitor envious and any insurer shudder.
LawyersUSA
![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)
