March 2015 Contents
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Personal Injury Articles | |
![]() Chapter Seven from the book 'RTA Personal Injury Claims Post Jackson: A Practical Guide' by Andrew Mckie. For any fee earners dealing with RTA claims, one of the most important areas is vehicle related damages and taxi claims. This area of practice will often form one of the most challenging areas since it is often, for the insurer, the most significant part of the case... |
![]() Chapter Nine from the book 'RTA Personal Injury Claims Post Jackson: A Practical Guide' by Andrew Mckie. It is arguable that the Witness Statement is likely to be the most important document in the entire case for both the Claimant and the Defendant. It may be argued that an entire case can turn upon the contents of the Witness Statements and, therefore, it is... |
![]() The Court of Appeal decision on Basic Hire Rates in Stevens v Equity Syndicate Management Ltd [2015] EWCA 93 is attracting considerable debate, with four articles in this month's journal alone. Is it confusing decision which conflicts with earlier authority as one article argues, or will it usher in a logical and straightforward approach as another article hopes? |
![]() The confusion surrounding Part 36 has been challenging for practitioners wading through the negotiation process for some time. In an attempt to introduce further clarity and encapsulate the case law that has evolved in recent years Part 36 has been updated in the 78th CPR amendment due to come into effect on 6th April 2014... |
![]() Chapter Eight from the book 'RTA Personal Injury Claims Post Jackson: A Practical Guide' by Andrew Mckie. It may be argued that a road traffic accident liability dispute can sometimes be as complicated, if not more complicated, than other types of accidents such as employers legality claims, public liability or occupiers claims... |
![]() James Neale extracts some useful pointers from the successful defence of a recent employers' liability claim involving a snow and ice slip and breach of duty... |
![]() The recent High Court judgment in favour of Rad Hamed, the 'extremely gifted and dedicated' young footballer who suffered a cardiac arrest and devastating brain damage when he collapsed playing in his first match for the Tottenham Hotspur youth team, raises a number of issues that have been gestating in the sports world for some time... |
![]() On the 3rd March 2015, the Court of Appeal delivered the latest assault on credit hire litigation in Stevens v Equity Syndicate Management Ltd. The Judgment delivered by Kitchin LJ and approved by Jackson & Floyd LJs considered the somewhat thorny issue of the calculation of the Basic Hire Rate or 'BHR'... |
![]() Patrick West looks at the growing impact of one of the most important costs consequences of the Jackson reforms and what it means for Claimants and Defendants seeking to recover their costs... |
![]() Flint v (1) Tittensor (2) MIB [2015] EWHC 466 (QB). 1. This case provides an enlightening illustration of the liability principles applicable when a driver uses his vehicle deliberately to inflict force on another person... |
![]() The team examines the recently published report by the Audit Commission "Protecting the Public Purse 2014: fighting fraud against local government" and draw out the key issues and recommendations for local authorities... |
![]() Liz Harrison and Perry Hill review the recent case of Butcher v Southend-on Sea Borough Council (2014) in which the Court of Appeal considered whether the existence of a system of inspection was sufficient to defeat a claim for personal injury brought under the Occupiers' Liability Act 1957... |
![]() The Court of Appeal has handed down a significant judgment in a test case on basic hire rate (BHR) evidence. The decision in Stevens v Equity Syndicate Management Limited, which is set to clarify the view adopted by lower courts, is likely to be seen as a decisive, if not quite fatal, blow to credit hire organisations... |
![]() In arguably the most important decision on the calculation of the basic hire rate (BHR) in credit hire litigation since Bent v Highways and Utilities Construction (No. 2) [2011] EWCA Civ 1384, the Court of Appeal has provided a new, simple and Defendant-friendly... |
![]() A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator. The Court of Appeal overturned the first instance decision where there had been no evidence of... |
![]() This case was heard in the Court of Appeal in January 2015 when the Cancellation of Contracts made in the Consumer's Home or Workplace etc. Regulations 2008 were put in the spotlight. With potentially far reaching effects for the recoverability of... |
![]() Balancing the burden of health and safety legislation, whilst maintaining progress in health and safety outcomes is an ongoing challenge for the all businesses and the public sector is no exception. Section 69 of The Enterprise and Regulatory Reform Act 2013 ("the ERRA") sought to address this balance... |
![]() February's data from the Portal Company seems to confirm the view that the reductions in the number of new claims which we had seen to all 4 of the portals over the last 2 months were merely temporary, and capable of being explained by short-lived factors such as the need for seasonal adjustments over the Christmas period... |
![]() Liam Ryan considers the impact the Equality Act 2010 can have in cases of Stress at Work cases, namely in pre-empting, strengthening and preventing claims. He also considers how injunctive relief may feature in cases involving Stress at Work post the decisions of Chhabra v West London Mental Health NHS Trust [2014] 1 All E.R. 943 and Hendy v Ministry of Justice [2014] EWHC 2535 (Ch). |
![]() The Insurance Act 2015 ("the Act") has brought about the most significant changes to commercial insurance law in over 100 years. The changes will come into force in August 2016. A brief overview of the most significant changes is set out below... |
![]() Steven Turner, Counsel for the Respondent in this groundbreaking case gives his analysis of the Court of Appeal decision. It is no exaggeration to say that the result in Stevens will be a hammer blow to credit hire companies who, going forward, can expect to recover no more than the lowest reasonable rate charged by one of the main hire companies... |
![]() In Greek mythology the Hydra was a serpent-like water monster with many heads. For every head cut off it grew two more. It had poisonous breath and blood so virulent that even its tracks were deadly. Credit hire claims are like the Hydra... |
![]() In Billett v Ministry of Defence (2014) the High Court had to assess a claim for future loss of earnings. In doing so, Andrew Edis QC considered how to apply, if at all, the reduction factors in Tables A and B of Ogden 7 and the Equality Act 2010 definition of 'disabled'. Caroline Hickerton analyses the judgment and its implications. |
![]() The recent judgment in Totham v Kings College Hospital NHS Foundation Trust (2015) covers a range of issues involved in the quantification of damages following a brain injury sustained at birth. Dan Clegg examines the judgment's key themes, which include consideration of future loss of earnings in the 'lost years', how to approach claims for commercial care and... |
![]() A look back at some of the significant and interesting Scottish personal injury decisions from 2014 continues with cases involving children & limitation, a slippery car park, evidential problems caused by an inability to recall events, duties while driving in the dark and an employers' liability for a fall on snow... |
![]() Here is a summary of the recent notable court cases over the past month. |
![]() Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: JX MX v Dartford & Gravesham NHS Trust |
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Medico-Legal Articles, Edited by Dr Hugh Koch | |
![]() With the recent publication of DSM V, which has reviewed and updated diagnostic criteria for all listed psychiatric disorders, it is perhaps timely to re- consider the diagnostic criteria for Post Traumatic Stress Disorder (or PTSD) as controversy regarding this disorder has existed since its inclusion in DSM III (1980). Brewin et al (2009) provide a helpful summary of the issues and draw some useful conclusions for clinicians and other professionals working with those affected by trauma. |