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News Category 3

The Skills Required to Represent Claimants - Bill Braithwaite QC, Head of Exchange Chambers

26/11/13. Following on from my last blog, it made me wonder what skills are required to represent claimants who have been injured catastrophically? I thought it might be fun to list a few of the skills which I value, and to comment on them.

1. knowledge of the law – is a given, but there’s rarely any difficult law involved in what I do.

2. knowledge of the topic – another given in theory, but not in fact; I believe that all lawyers involved in severe injury litigation should specialise in...

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The New Coroner’s Rules: A Summary of Key Changes - Anna Midgley, Albion Chambers

24/11/13. In July 2013 the long awaited new Coroner’s (Inquests) Rules 2013 and Coroner’s (Investigations) Regulations 2013 came into force (of application to any inquest not completed before 25thJuly 2013). As is immediately apparent the new rules divide and expand procedure in relation to the investigative stages and inquest, replacing the composite 1984 Coroner’s Rules. The aim is to encourage fuller investigations and so to have fewer inquests. In 2011 the verdict in 29.5% of inquests was that...

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Accidents at Sea: the Limitation Traps for Claimants and Defendants - Ian Miller, 1 Chancery Lane

18/11/13. The Athens Convention is notorious for catching out PI practitioners with its current two year limitation period* for accidents at sea. Indeed the few reported cases on it are mainly concerned with whether it is possible to extend time (Higham v Stena) or whether a cause of action exists outside the Convention (Norfolk v My Travel) – both resulted from a failure to issue in time.

Judgment is shortly to be handed down in a case which may make life even more complicated for the personal injury practitioner. The issue is whether Article 16 of the Athens Convention extinguishes the cause of action or whether it bars the remedy. This fine distinction rarely troubles most personal injury practitioners but it has historically been a feature of our, and other, common law jurisdictions. In the UK we have, with exceptions, a system of limitation which stops...

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PI Practitioner, November 2013

16/11/13. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for our PI Brief Update newsletter. Just select "Free Newsletter" from the menu at the top of this page and fill in your email address.

Public Authorities and Non-Delegable Duties of Care

In Woodland v Essex County Council[2013] UKSC 66, the Supreme Court set out the circumstances in which a non-delegable duty of care arises...

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Causation and Catastrophic Injury: When a Late Report Really Is Too Late - Laura Johnson, 1 Chancery Lane

15/11/13. At 2am on 26 January 2006 Jonathan Boyle was at a bus stop on Grove Road in East London with a friend. They had been out that evening and had been drinking. At the same time a police car was being driven south along the road on the way to deal with a pub fight, although not being driven with lights or siren or in any sort of hurry. The driver was travelling at about 33 miles per hour. As the driver approached the bus stop the Claimant suddenly fell from the pavement into the path of the vehicle. The vehicle collided with him and he suffered life changing spinal injuries. The Claimant brought a claim against the police...

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