PIBULJ
31 March 2010 - Industry News
Ministry of Justice
MASS Chairman welcomes delays to RTA claims process …
Post Online
Equality Commission calls on government to scrap retirement age…
BBC
Reaction to Jackson Report continues…
Legal Costs Blog
Bank overdraft charges face new legal attack …
BBC
20 October 2008 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
Credit Hire and the Unfair Terms in Consumer Contracts Regulations - Aidan Ellis, 1 Temple Gardens
Mention is occasionally made of The Unfair Terms in Consumer Contracts Regulations 1999 in credit hire cases and this article provides a brief rather than exhaustive guide to these regulations and how they might potentially apply.
Choice of Law in Tort: Overseas Accidents - Alan Saggerson, 1 Chancery Lane
ROME II, REGULATION (EC) No 864/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 July 2007 on the law applicable to non-contractual obligations. The implementation of EU Regulation 864/2007 has important implications for personal injury lawyers embroiled in or likely to become embroiled in European (EU) cross-border accident litigation.
Crofts v Murton: Life expectancy and multipliers - Sarah Fraser Butlin, Cloisters
Although it seems that something of a mountain was made out of a molehill, the recent case of Crofts v Murton (decided on 5 September 2008) provides a timely reminder for practitioners about which table to use from the Ogden tables when determining the appropriate multiplier for future losses where life expectancy has been shortened.
Closing the Door on Employers – The House of Lords Resets the Law on Work Equipment - Niazi Fetto, 2 Temple Gardens
In Spencer-Franks v Kellogg Brown & Root Ltd [2008] ICR 863, the House of Lords has considered the vexed question of what amounts to "work equipment" for the purposes of the Provision and Use of Work Equipment Regulations 1998, and in reaching its conclusions has torn to shreds the elaborate weave of exceptions to, and limitations upon, the definition of work equipment put in place over recent years by the Court of Appeal.
New Criminal Injuries Compensation Scheme - Tabitha Nice, Stewarts Law
Having been the subject of considerable debate, the 2008 version of the Criminal Injuries Compensation scheme is due to come into force on 3rd November 2008. The new scheme will have no retrospective effect and will apply to all claims submitted on or after that date.
PI Travel Law, Edited by Katherine Deal, 3 Hare Court
Rights of Disabled Passengers Travelling by Air - Katherine Deal, 3 Hare Court
People with disabilities or those of reduced mobility should find it considerably easier to make arrangements to travel by air since the full entry into force in July 2008 of Regulation (EC) No. 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.
Clinical Negligence Articles
Clinical Negligence: Has the Defendant Made a "Full" Admission? - Rankeshwar Batta, Anthony Collins Solicitors LLP
Every clinical negligence practitioner knows that causation can be a particularly difficult issue with which to grapple and ultimately prove. To establish what actually has been caused by any breach can often be problematic and requires careful analysis by medical experts crucially at the exchange of expert evidence and joint statements stage of litigation.
Medico-Legal Articles, Edited by Dr Hugh Koch
Help-Seeking for Depression: The Role of Beliefs, Attitudes and Mood (Sherwood, Salkovskis & Rimes, 2007) - Dr Jacquie Hetherton, Hugh Koch Associates
Depression often occurs after traumatic events. Given its disabling and distressing nature it can therefore seem perplexing when claimants reporting high levels of symtomatology also state that they have not sought help for this from their GPs. Such an anomaly can lead some to conclude that the claimant must therefore be exaggerating their symptoms...
Coronial Law Articles, Edited by Bridget Dolan, 3 Serjeants’ Inn
Required elements of common law corporate manslaughter. The use of narrative verdicts where a short from verdict may be insufficient to describe the circumstances of the death. - Bridget Dolan, 3 Serjeants’ Inn
R (on the application of Bodycote HIP LTD) v HM Coroner for Herefordshire [2008] EWHC 164 (Admin)
Mediation & ADR Articles, Edited by Justin Patten, Human Law
Will legal changes or other factors lead our clients to mediation? - Justin Patten, Human Law Mediation
This article considers some of the key legal changes on the subject of mediation and asks whether it will give more incentive to parties to mediate.
Charon QC
Charon QC, Oct 2008
Forecast for law schools for the next three years.
19 November 2008 - Industry News
Guardian
Ministry of Justice plans extensive costs savings...
Times
Study suggests road travel in Britain is as dangerous as it was 500 years ago...
Telegraph
High Court rules that bank charges can be assessed for fairness, banks to appeal...
Office of Fair Trading
Minimum wage rises to £5.73 per hour...
BBC
19 April 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
Valuing Past and Future Care Needs - William Latimer-Sayer, Cloisters
This article reviews some points which arose in the case of Massey v Tameside & Glossop Acute Services NHS Trust, a judgment of Teare J handed down on 23 February 2007 after 7 days of oral evidence.
Interim Payments and Accommodation Claims - William Hoskins, 1 Temple Gardens
In cases of very serious personal injury a claim for the costs of suitable accommodation is likely to form a prominent component of the Claimant’s Schedule of Loss. Although the Claimant will not be entitled to recover the full capital cost of such accommodation (Roberts -v- Johnstone [1989] QB 878), he or his family may...
Arnup & Arnup V Mw White Ltd [2007] Ewhc 601: Section 4 of the Fatal Accidents Act 1976 and the Benevolence and Insurance Exception - Christopher Wilson-Smith QC, Outer Temple Chambers & Eliot Woolf, Outer Temple Chambers
In this case, Section 4 of the Fatal Accidents Act 1976 again fell for consideration: namely, the extent to which payments made to a widow under the Defendant’s “Death Benefit Scheme” and an “Employee Benefit Trust” should be disregarded by the Court in the assessment of damages.
Costs Capping - Ben Leech, 12 King’s Bench Walk
Having established the principle that a costs capping order is the weapon of choice for a litigant concerned about the level of the other side’s costs (King v Telegraph Group Ltd [2005] 1 WLR 2282) the Court of Appeal recently attempted to give further guidance as to the operation of such orders in practice (Willis v Nicolson (by his litigation friend) [2007] EWCA Civ 199).
Implications of the Consumer Credit Act 2006 - Aidan Ellis, 1 Temple Gardens
The Consumer Credit Act 2006 introduces a range of changes to the Consumer Credit Act 1974. This article draws attention to three of the changes and their practical implications. Of particular interest is that some of the changes may impact on exempt agreements.
W v Oxley Glass Limited - Rankeshwar Batta, Anthony Collins Solicitors LLP
Workplace accidents – don’t concede contributory negligence in a hurry
Clinical Negligence Articles
The Mental Capacity Act 2005 - Cara Guthrie, Outer Temple Chambers
Part 1 - What does it mean for patients and hospitals? Has it changed the law? Will it have any impact on those working in clinical negligence or the wider field of healthcare law?
Medico-Legal Articles, Edited by Dr Hugh Koch
Awareness during anaesthesia - Johnathan Hardman, University Hospital Nottingham
Intra-operative awareness is traumatic for patients and is associated with post-operative psychological sequelae. Litigation frequently follows. Awareness occurs during approximately 0.03% of general anaesthetics and is much more likely when muscle relaxants (paralysing drugs) are used.
Coronial Law Articles, Edited by Bridget Dolan, 3 Serjeants’ Inn
Jury Mandatory in Princess Diana Inquest - Amy Street, 3 Serjeants’ Inn
(1) Jean Paul (2) Gisele Paul (3) The Ritz Hotel Limited; and Mohammed Al Fayed v Deputy Coroner of the Queen’s Household and Assistant Deputy Coroner of Surrey (Baroness Elizabeth Butler-Sloss) [2007] EWHC 408 (Admin) 2 March 2007
18 May 2007 - Industry News
www.dca.gov.uk/legal-system/
Mystery shoppers, surveys, inspections and intelligence to be the tools for ensuring compliance with the Compensation Act 2006…
www.claimscouncil.org/news/2007/04/10/
Revenue persist with enquiries, notwithstanding TAG Director’s death…
news.bbc.co.uk/1/hi/uk/6543375.stm
No VAT to be charged on rehabilitation providers…
www.claimscouncil.org/news/2007/04/12/
DCA opens the consultation process on case track limits...
www.dca.gov.uk/consult/case-track-limits/
...and raises questions about the need for ATE insurance in certain cases…
www.claimscouncil.org/news/2007/04/26/
Law Society applauds the retention of the £1,000 small claims…
www.lawsociety.org.uk/newsandevents/pressreleases/
Lord Lofthouse’s report on miners’ compensation is likely to allege exploitation by solicitors…
news.bbc.co.uk/1/hi/uk/6590461.stm
“Cornhill” name to be phased out…
http://www.allianzcornhill.co.uk/news/press_story.asp
![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)
