PIBULJ
21 June 2007 - PI Practitioner
TRIPPING ACCIDENTS -- CAUSATION
Cole v. Davis-Gilbert (unreported) CA 1st March 2007
The claimant stepped in a hole on a village green, and made a claim against both its occupiers and the company which had previously filled in the hole – it had formerly held a maypole. The judge at first instance found the occupiers not to be liable, on the ground that they reasonably assumed that the hole had been filled. He gave judgment against the company, however, on the basis that it had not filled in the hole adequately; had it done so, the hole would not have reappeared.
The Court of Appeal overturned this decision. The company was not liable, because there was no evidence to suggest that the hole had become exposed because of any failure by it. The occupiers were not liable, and there was a danger in setting too high a standard of care, as doing so could lead to negative consequences.
GENERAL DAMAGES OVERTURNED ON APPEAL
Santos v. Eaton Square Garage Ltd (unreported) CA 23rd February 2007
Appeal courts only rarely interfere with an award of general damages. In this case, the Court of Appeal was prepared to reduce the claimant’s general damages, because it was wholly erroneous, and it would have been an injustice to require the defendant to pay damages of that magnitude.
INTERIM PAYMENTS – PRINCIPLES OF ASSESSMENT
Spillman v. Bradfield Riding Centre [2007] EWHC 89 (QB)
The purpose to which an interim payment was to be put had no bearing on the amount that should be awarded. The principles of CPR 25.7(4) required the court to consider the likely amount of the final judgment, a reasonable proportion of that amount, and any other matter it considered material.
The judge at first instance had rejected the claimant’s application for an interim payment, on the basis that it was to be used for the purchase of new accommodation, and he was unable to conclude on the evidence before him that the claim for the cost of provision of accommodation was likely to succeed. This, the Court of Appeal found, was the wrong approach. The purpose of ordering the defendant to pay only a reasonable proportion of the likely award of damages was to protect it against prejudice if the interim payment turned out to be greater than the award at trial. In the instant case, it was appropriate to award 75% of the amount proposed by the defendant as an interim payment. What the claimant used the money for was irrelevant.
30 April 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
Where public and private law duties meet: a note on Connor v Surrey County Council [2010] EWCA Civ 286 - Sarah Fraser Butlin, Cloisters
In this case the Court of Appeal were asked to address difficult questions on the boundary between public law functions and private law actions. Though the factual matrix was complex, at its heart was the issue of whether the actions of a Local Education Authority, where their power lay in statute, were justiciable as particulars of negligence.
Claims against the Catholic Church: When is there vicarious liability, when is there a duty of care and are the situations different? - Elizabeth-Anne Gumbel QC & Justin Levinson, 1 Crown Office Row
The Court of Appeal (Lord Neuberger MR, Lord Justice Longmore and Lady Justice Smith) handed down judgment on 16 March 2010 in the case of MAGA v The Trustees of the Birmingham Archdiocese of the Roman Catholic Church [2010] EWCA Civ 256.
PI Travel Law, Edited by Katherine Deal, 3 Hare Court
Local Standards, Once Again - Tom Poole, 3 Hare Court
In Gouldbourn v Balkan Holidays Ltd (as yet unreported 16/03/10), the Court of Appeal provided guidance on the standard of care against which to judge the conduct of a ski instructor. This article summarises this important decision, explains its wider implications and gives come practical points for practitioners.
Health & Safety Articles
Peanut allergies: a health and safety perspective - Azmina Gulamhusein, LexisNexis
Peanut allergies are one of the most common types of food intolerances and lead to the most fatalities. According to the Food Standards Agency, about 1–2% of the population in the United Kingdom is affected and the problem is becoming more widespread. There is no generally accepted medical explanation for this rising trend, but it reflects an overall increase in all forms of allergies.
Medico-Legal Articles, Edited by Dr Hugh Koch
DSM-5 Next Steps - Kathryn Newns, Tracy Thorns and Hugh Koch
Draft revisions to psychiatry’s diagnostic were published online in February 2010. The Diagnostic and Statistical Manual 5 (DSM-5), published by the American Psychiatric Association (APA), is for May 2013 release. Possible new diagnostic categories include ‘hypersexuality’ and ‘binge eating disorder’.
Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd
The Michael Caine aspect of stress claims and mediation - John Usher & Tim Wallis
There is now much settled law regarding claims for stress, bullying and harassment. This article highlights the use of mediation in stress claims, with case studies, as well as asking a question about a catchphrase of a popular British actor.
Marketing for Solicitors
Marketing Winners and Losers: Where is Your Practice? Where do You Want to Be? Social Media: Winners & Losers - Jenny Cotton, Mortons Marketing
This new series of reviews will look at topical marketing issues. Do the tried and tested principles still apply? Do the new technologies confirm or change established practice? Are we social networkers personally/professionally? Google Search continues to be the most visited site, in February the UKOM figures are quoted to show 31m users in February, 2010. Google was accessed by 81% of the UK population. Meanwhile Facebook had 23m users, reaching 50% of the UK population, meaning they lost 2.2% of market share. What does this mean for your practice? your colleagues?
Charon QC
Charon QC, Aptil 2010
Rive Gauche: Voters are strange when you’re a plonker
31 May 2010 - Industry News
RTA PI Claims Process
Equality Bill receives Royal Assent…
Government Equalities Office
President of Law Society of Scotland rejects members’ views over ‘Tesco law’…
Times
Land of Leather ‘toxic sofa’ claims rejected…
Guardian
Miners’ solicitors repay £6.9M deducted from clients’ damages…
Times
17 December 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 Contra Preferentum - Aidan Ellis, 1 Temple Gardens
When arguing about the construction of a contractual term in credit hire cases, it should always be borne in mind by Defendants that they may potentially be able to preface their submissions by stating that if there is any doubt or ambiguity as to construction, the construction most preferable to the consumer, i.e. the Claimant, rather than the credit hire company should apply. In other words the contra preferentum rule should be applied. See Houghton v Trafalgar Insurance [1954] 1 QB 247.
Litigants in person bending the rules to buy more time: Serrano - Alejandra Hormaeche, Tanfield Chambers
Practitioners acting against litigants in person are often faced with the costly dilemma of having to investigate, and respond to, unmeritorious claims that are so poorly presented they require additional case management by the court than would ordinarily be necessary. Serrano v Dan-Goor Limited & Others [2008] EWHC 2323 (QB) (MacDuff J) is a case in point, and involved an appeal by a litigant in person against a judge’s decision to strike out four claims due to her failure to comply with an unless order.
Provisional Damages in Spinal Cases: Davies v Bradshaw and another [2008] EWHC 740 (QB) - William Latimer-Sayer, Cloisters
In April 2008 Mr Justice Wilkie handed down judgment in a quantum only trial involving a claimant who had suffered a spinal cord contusion at C5 and C6 as a result of a road traffic accident. The Claimant suffered from incomplete tetraplegia with brown-sequard syndrome and central cord syndrome. She was able to walk unaided for relatively short distances but for longer distances used a wheelchair...
The Home Owner, the Unguarded Hole and the Inadvertent Visitor – Whose Fault Is It Anyway? - Daniel Tobin, 12 King’s Bench Walk
John Lough v. The Intruder Detention and Surveillance Fire & Security Limited & Robert Fulton [2008] EWCA Civ 1009
Foul play and off-the-ball incidents: vicarious liability of sport’s clubs for the actions of their players in the wake of Gravil v Caroll & Ors - Lionel Stride, 1 Temple Gardens
The recent Court of Appeal decision in Gravil v Caroll (1) and Redruth Rugby Football Club (2) [2008] EWCA Civ 689; [2008] ICR 1222 drives a stake through any notion that a sports club holding only semi-professional players under contract can avoid liability for the violent conduct of their contracted players, even when the incident occurs ‘off-the-ball’ and the game is no longer in play. Given the broad ramifications of this decision for semi-professional sport, the following passages analyse the case in greater detail.
Employers’ Liability Policy "trigger" Litigation - Tabitha Nice, Stewarts solicitors
Durham -v- BAI (Run Off) Limited (In Scheme of Arrangement) ("Lead Case 1"), Fleming & Eddleston -v- Independent Insurance Company Limited (In Provisional Liquidation) ("Lead Case 2"), Edwards -v- Excess Insurance Company Limited ("Lead Case 3"), Thomas Bates & Son Limited -v- BAI (Run Off) Limited (In Scheme of Arrangement) ("Lead Case 4"), Akzo Nobel UK Limited & Amec PLC -v- Excess Insurance Company Limited ("Lead Case 5"), Municipal Mutual Insurance Limited -v- Zurich Insurance Company and Others ("Lead Case 6")
Assisted Suicide and the Right to Respect for Private and Family Life - Chipo Mwale, Birmingham City University
This article considers the recent case of R (on the application of Debbie Purdy) v Director of Public Prosecutions, and Society for the Protection of Unborn Children [2008] EWHC 2565 (QB), handed down on 29 October 2008
PI Travel Law, Edited by Katherine Deal, 3 Hare Court
Section 75 of The Consumer Credit Act 1974: A Very Helpful Remedy - Clara Johnson, 3 Hare Court
The recent insolvencies of XL Leisure Group, K&S Travel, Zoom Airlines and others, with more predicted to go bust before Christmas, left thousands of holidaymakers stranded abroad and many more out of pocket for a holiday already paid for but no longer going ahead. Many package holiday customers will be protected if they have taken care to book with tour operators who hold an Air Travel Organiser’s License (‘ATOL’). Those who are not have little or no prospect of recovering the contract price from the airline or tour operator. What recourse do those customers have to recover their losses?
Mediation & ADR Articles, Edited by Justin Patten, Human Law
Mediating Personal Injury Claims: Tips and Traps from 30 personal injury cases mediated in 2008 - Tim Wallis, Trust Mediation Ltd
90% of the first 30 personal injury mediations dealt with by Trust Mediation this year settled on the day or shortly afterwards. The success rate is higher than many would have expected, especially those who took the view that mediation had little to offer in this area. On reflection, however, these results are perhaps not unusual given that in these mediations the mediators, as well as the party’s representatives, are all experienced personal injury practitioners. Here are some tips and traps for personal injury lawyers arising from the experience gained from some of these 30 cases.
Marketing for Solicitors
Marketing your Practice: Market Audit. Where do we Want to Be? Where are we Now? - Jenny Cotton, Mortons Marketing
These questions apply to every size and complexity of practice. The answers help to frame the actions required to achieve the future aims. Everyone involved both within and external to the organisation will be helped when these are clear. In any organisation of more than one there will be some differences of view, which at the extreme can be confusing to colleagues and customers, clients and suppliers. Regular self checks and the communication of the agreed next steps are basic tools to ensure a consistent approach. Competitive comparisons and the fresh insight of external reviewers will each offer further benefits, at further investment of time and money.
Charon QC
Charon QC, December 2008
We move a step closer to becoming a more civilised nation…
22 January 2009 - Industry News
Times
UK’s richest lawyer struck off...
The Lawyer
Ministry of Justice publishes responses to consultation on claims management regulation fee levels for 2009-10...
Ministry of Justice
![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)
