PIBULJ
July 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: Procedural NicetiesPersonal Injury Articles
Withdrawal of Pre-Action Admissions: Woodland v Stopford & Ors [2011] EWCA Civ 266 - Jennifer Lee, Pump Court Chambers
Imagine this scenario. The claimant writes a letter of claim. The defendant admits full liability. The parties enter into negotiations on quantum which, regrettably, prove to be difficult and acrimonious. Eventually, proceedings are issued. The defendant then decides that liability should not have been admitted after all. Can the defendant resile from his pre-issue admission?
Nightclubs: fertile ground for a stabbing? Everett & Anr v Comojo [2011] EWCA Civ 13 - Shyam Kapila
Surprisingly, given their propensity for attracting violent crime and unsavoury behaviour, nightclubs have not generally been under any particular duty to protect their patrons from the criminal acts of third parties. This leading judgment of Lady Justice Smith in the Court of Appeal imposes a duty on the managements of nightclubs in respect of the actions of third parties on the premises. The degree of foreseeability should be similar to that required to succeed in an action under the Occupiers’ Liability Act 1957.
Hook -v- British Airways PLC (25 February 2011) - Tabitha Nice, Xchanging Claims Services Limited
This claim, for injury to feelings, was brought under the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007, (“the UK Regulations”) giving effect to Regulation 1107/2006 (“the EC Regulation”). The question asked was whether the Regulations provided an exception to the Montreal Convention on International Carriage by Air 1999 (the Convention), itself prohibiting a claim for injury to feelings.
Credit Hire Articles
W v Veolia Environmental Services (UK) plc. 2011 EWHC 2020 (QB) - Jason Prosser, Credit Hire Advocacy Services
The Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations (SI 2008 1816 – the “Regulations”) again fell for judicial consideration in a judgement on 27 July 2011 in W v Veolia Environmental Services (UK) plc. 2011 EWHC 2020 (QB).
PI Travel Law, Edited by Katherine Deal, 3 Hare Court
Exotic Holidays: Controlled Thrills, Local Standards and Expecting the Unexpected - Andrew Young, 3 Hare Court
Travel law practitioners are now familiar with the need to have regard to local standards in determining the prospects of success of a holiday claim brought under the Package Travel (Etc) Regulations 1992, but how does this apply to the increasing popular choice of adventure holidays, either those involving extreme sports or those involving travel to exotic destinations or both?
Medico-Legal Articles, Edited by Dr Hugh Koch
Survivors of Repeated Traumas - David Bird, Hugh Koch and Angela Cooper
There is significant evidence that survivors of prolonged, repeated trauma such as survivors of repeated abuse as children tend to suffer from an associated but more extensive range of symptoms as adults. It is known as Complex PTSD (C-PTSD).
Home Based Rehabilitation Service - Graham Pulford, Speed Medical Examination Services
Much has been written about delays in the claimant process for those who have suffered personal injuries. Delays and rising costs all add to the stress of the recovering claimant. It is widely thought that the delay in patients starting treatment after an accident hinders the recovery of many claimants...
Book Reviews
APIL Guide to Evidence - Edited by Stephen Glynn
Reviewed by Aidan Ellis, Temple Garden Chambers
Charon QC
Charon QC, July 2010
Thoughts on Hari… plagiarism and the pursuit by the pack a la Lord of The Flies
19 April 2007 - PI Practitioner
FAILURE TO PROVIDE MEDICAL TREATMENT -- SUMMARY JUDGMENT
Bishara v. Sheffield Teaching Hospitals NHS Trust CA (Civ) 26/3/2007
The claimant’s case was that she had suffered a migraine on its premises when she was upset by an interview regarding her career. She claimed that the defendant had deliberately ignored her condition, and refused to summon an ambulance. The court at first instance granted the defendant summary judgment, on the basis that there was no real prospect for the claimant to show that there was a duty of care.
Reversed on appeal. The Court of Appeal said that the matter could only be determined on the evidence, not in the abstract, and the case had to proceed to trial.
PART 36 -- COSTS ORDERS ON LATE ACCEPTANCE
Matthews v. Metal Improvements Co Inc [2007] EWCA Civ 215
The defendant made a Part 36 payment into court; the claimant rejected it. Subsequently, a change in the claimant’s medical condition meant that the offer became more appealing, and the claimant sought to accept it out of time. The judge, on considering what costs order to make, ordered the defendant to pay all of the claimant’s costs. The defendant sought an order that the claimant pay its costs after the last date for acceptance of the payment.
The Court of Appeal found for the defendant. The judge at first instance did not have an unfettered discretion; she could only depart from the usual order if she found that it would be unjust to require the claimant to pay the defendant’s costs from the last date for acceptance. The purpose of Part 36 was to provide costs protection by putting the claimant on risk of having to pay the defendant’s costs, if the contingencies of litigation meant that the claimant failed to beat the payment.
31 August 2011 - Industry News
Government pledges to tackle compensation culture…
BBC
Lawyers back Jack Straw’s call to ban referral fees…
The Lawyer
Law Society urges Ken Clarke to ban such fees…
Law Society Gazette
… but Government insists that it will not make a ‘knee jerk’ reaction…
Claims Standards Council
AXA acts unilaterally and drops referral fees…
Financial Times
Insurance more expensive in Northern Ireland…
BBC
28 February 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
Contributory Negligence - Aidan Ellis, 1 Temple Gardens
In 1945 the Law Reform (Contributory Negligence) Act introduced the concept of reducing the Claimant’s damages in cases of contributory negligence. Ever since then, Defendants have argued the point with gusto. The result has been a glut of cases addressing these arguments on the facts, but rather less general guidance. This article aims to tease general principles from the vast body of cases.
Jackson Report: First Thoughts from a Personal Injury Perspective - Andrew Young, 3 Hare Court
The long-awaited Jackson report on funding in civil litigation has polarised opinion as to its merits. Most defendant lawyers have welcomed its recommendations as a means of remedying what is claimed to be the unfairness of the present system of conditional fee agreements, whereas many claimant lawyers have expressed concern as to the impact of the proposed changes upon the ability of claimants to conduct litigation against better funded opponents. Both the Bar Council and the Law Society have given the report a cautious welcome.
PI Travel Law, Edited by Katherine Deal, 3 Hare Court
Sturgeon: Paying the Price of Delays - Katherine Deal, 3 Hare Court
Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights came into force from 18 February 2005. This heralded a great step forward in consumer rights for any passenger travelling on domestic and international flights leaving from any airport in the EU, plus those travelling into the EU on a European airline.
Health & Safety Articles
Fire Investigation - David Townsend, Forensic Fire Investigator and Consultant
The dynamics of fire is a complicated mixture of science and chaos. Add materials, products, control systems and human behaviour into that mix and it becomes clear that this is a subject that requires expertise. Who are those experts? How good are they? How do you know that the one you choose is the right one for your case?
Medico-Legal Articles, Edited by Dr Hugh Koch
Do you think too much about smoking? - Hugh Koch
Nikcevic and Speda (2008) investigated smokers in three groups: high-dependence, low dependency and non smokers in the UK. Whether they were lawyers or not was not mentioned!
Coronial Law Articles, Edited by Bridget Dolan, 3 Serjeants’ Inn
Manslaughter by gross negligence: no duty to obtain medical assistance against the wishes of a competent adult - George Thomas, 3 Serjeants’ Inn
R (Jenkins) v HM Coroner for Portsmouth and South East Hampshire [2009] EWHC 3229 (Admin)
Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd
Muses of a (Personal Injury) Mediator - Paul Balen, Partner, Freeth Cartwright LLP
My interest in alternative resolution techniques came from a realisation that in my claimant medico-legal practice often what my clients wanted to achieve went above and beyond what any judge could order...
Charon QC
Charon QC, Feb 2010
Rant du Jour
31 August 2011 - PI Practitioner
Penny v The Wimbledon Urban District Council and anor [1899] 2 QB 72
Where a Local Authority engages a contractor to undertake work which in its nature is likely to cause danger to others, there is a duty to take all reasonable precautions against such danger, and the Local Authority does not escape liability for the discharge of that duty by employing the contractor if the contractor does not take such precautions. (However accidents arising from ‘collateral or casual negligence, e.g. the leaving of a pick axe in the road, are not covered by the rule).
Salsbury y Woodland [1970] 1 QB 324
Penny was distinguishable, and there was no liability to the person employing the contractor where the work was done near, but not on, the highway.
Rowe v Herman [1997] 1 WLR 1390
There was no liability upon the employer of the contractor and Penny was distinguishable where the work did not involve obstruction of the highway, was not done under statutory powers and the loss did not arise directly from the work which the employer of the contractor was required to do (in this case the contractor was employed to build a garage and the claimant fell over some paving stones left out by the contractor).
![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)
