News Category 3
The Difference Between What Someone Needs and What They Will Accept - Bill Braithwaite QC, Head of Exchange Chambers
20/04/14. A recurring theme in the cases I see is the important difference between what someone needs by way of support and what they will accept. The law is that an injured person does not recover compensation for what he or she needs if they will not tolerate it. For example, the clinicians might agree that an individual needs 24 hour care, but the person in question may refuse to have support workers interfering with them for such long periods...
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Sporting Bodies Should Fear the Consequences of Brain Related Injuries - John van der Luit-Drummond
18/04/14. The inquest into the death of England and West Bromwich Albion footballer Jeff Astle ruled he died from brain trauma caused by the repeatedly heading leather footballs. That verdict was pronounced 12 years ago and the FA has still failed to publish promised research into the possibility that there are many more former players suffering from the affects of dementia, Alzheimer’s, or other brain related injury.
The reason as to why the FA has yet to produce any report into this possible danger is hardly difficult to discern. Any admission that generations of ex-players have or may develop serious health concerns simply because they were unfortunate enough to play sport potentially opens the game’s governing body in England to liability for compensation...
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Costs Budgets and Unallocated Part 8 Claims Issued Before 22 April 2014 - Thomas Crockett, 1 Chancery Lane
16/04/14. Some further clarity as to when to file costs budgets can be gleaned from the decision of Mr Justice Hickenbottom in the case of Kershaw v Roberts & Anor [2014] EWHC 1037 (Ch). Here it was argued on appeal from the county court that the first directions hearing in a Part 8 Claim should be treated as the “first CMC” for the purposes of CPR 3.12-14 and thus costs budgets must be filed in advance.
It was argued that whilst the claim had not been allocated to the multi-track, this was inevitable as it was commenced by way of...
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“Micro Sleep” Defence in Fatal Crash Trial - Hayley Betteridge, Associate Partner, Plexus Law
14/04/14. R v Soutar, Newcastle Crown Court. Charge: Causing Death by Dangerous Driving. On 12th November 2012 at 07.37 on A1 near Felton, Newcastle, Mr Soutar was driving a white BMW when his car crossed from the southbound into the northbound carriageway colliding with a small Volkswagen Caddy van. The driver of the van was fatally injured and his passenger suffered injuries.
The Crown alleged that Mr Soutar had been distracted for a significant period of time, allowing his car to drift from his lane into oncoming traffic. They relied upon an independent witness who had been travelling in the opposite direction. That witness stated Mr Soutar had overtaken five cars, pulled back into his carriageway and then drifted onto the opposing carriageway within 1-2 seconds. The Crown also alleged that two witnesses had noted a white BMW driving erratically and too close to other vehicles earlier in that morning.
Defence
Mr Soutar had no recollection of the accident. He did not dispute that his vehicle crossed into the opposing lane of traffic. The Defence submitted that Mr Soutar was...
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The “Single” County Court - Ian Miller, 1 Chancery Lane
13/04/14. The County Courts Act 1984 has been amended to create a single county court. Hitherto s.1 of the CCA divided England and Wales up into districts and established a court of record, with a seal, for each district. Under s.A1 there is now to be a single court called ‘the County Court’ which is to have a seal and be a court of record. Geographical boundaries between the 170 existing courts are removed but the new single County Court will sit in locations designated by the Lord Chancellor, which, until changed, will include all former county court locations.
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More Articles...
- The Work at Height Regulations: New HSE Guidance and a Potted Guide - Gordon Exall, Zenith Chambers
- Brownlie v Four Seasons Holdings Incorporated [2014] EWHC 273 (QB) - John Ross QC & Matthew Chapman, 1 Chancery Lane
- Book Review: Clinical Negligence (Seventh Edition, Bloomsbury Professional) by Charles Lewis, Andrew Buchan
- Editorial: Mitchell Update - Aidan Ellis, Temple Garden Chambers
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