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August 2012 Summary

Welcome to the August 2012 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles and take the CPD quiz. Please remember to fill in our quick feedback form after you have finished.

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NEWSLETTER

Industry News
Summary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure
PI Practitioner

LAW JOURNAL

Editorial: General Damages up 10% - Aidan Ellis, Temple Garden Chambers
By now, I suspect most PI practitioners will have marked 1 April 2013 in their diaries as the date on which general damages will be increased by 10% as a result of the Court of Appeal decision in Simmons v Castle [2012] EWCA Civ 1039. Allow me to venture some thoughts about this decision.

Personal Injury Articles

Part 36 and Doing Justice Between the Parties - Robert Vernon, 9 Park Place Chambers
In SG v Hewitt [2012] EWCA Civ 1053, the Court of Appeal dealt with an appeal by a Claimant who had been ordered to pay some of the Defendant’s costs after accepting a Part 36 offer long after the 21 day period for acceptance had expired. The Court of Appeal set aside the order of Popplewell J and provided some guidance as to the circumstances in which the court may decide that the normal order would be unjust.

PI Industry update: referral fees, small claims limits, general damages and discount rates - Tim Kevan
The personal injury industry is in a state of extreme flux and this article highlights just a few of the recent changes of which everyone should be aware.

Never Say Never: the Import of the Fairclough Homes v Summers Decision - Helen Tinkler, BPP & Central Law Training
The recent decision in Fairclough Homes v Summers [2012 UKSC 26] has provided a ideal opportunity for all parties to consider tactics. Although the overriding objective (CPR 1.1) enjoins the parties to co-operation (see Hertsmere Primary Care Trust v Administrators of Balasubramanium’s Estate [2005] 3 All ER 274), this presupposes that the parties are playing fair. The reality is that the parties, particularly in personal injury claims, are enjoined in a fight. So, how might the Fairclough decision referee future legal fisticuffs?

How to Litigate and Win an RTA Case with an Allegation of Fraud - Andrew Mckie, Clerksroom
Insurance fraud is on the increase. This is a problem not only for insurance companies but for the Claimant Solicitors who represent Claimants, involved in these type of collisions, where a case has to be dropped due to an allegation of fraud or in the rare instance that a finding of fraud is made at Trial. This results in wasted costs for the Claimant’s Solicitor who has sometimes expedited considerable expense to progress the matter to Trial in both the fee earner’s time and disbursements that are unlikely to be recovered from the Claimant’s ATE insurer or the Claimant himself.

When Is an Accident Just an Accident? - Julie Carlisle, Henmans LLP
In a local paper in May, it was reported that a young boy was involved in an incident with a bus which ended with him being airlifted to hospital. The journalist used the word “accident” to describe the event. So far, so understandable. One reader however was so incensed that he was prompted to leave an online comment which read: “Accidents don’t just happen. Someone is to blame for this wee lad’s crushed foot”

Credit Hire Articles

Kevan and Ellis on Credit Hire, 4th Edition: Chapter Five - Enforceability Issues: The Consumer Credit Acts
The purpose of this chapter is to discuss the enforceability of credit hire agreements under the Consumer Credit Act 1974 as amended by the Consumer Credit Act 2006.

Medico-Legal Articles, Edited by Dr Hugh Koch

Post Traumatic Growth following Road Traffic Accidents - Hugh Koch, Rachael Tanner & Rhiain Morris
Clinicians and medico-legal experts alike assess individuals following life threatening road accidents for evidence of post-traumatic stress, anxiety and depression. These are typically time limited and recovery is accelerated by brief psychological and psychotropic intervention.

Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd

ADR Pledge for Business - Steve Hancox, ADR Group Accredited Civil & Commercial Mediator
Steve Hancox reports on a recent move to encourage local authorities and businesses to consider alternatives to court.

Review of Key Mediation Cases - Amelia Nice, 5 St Andrew's Hill
Mediation appears to be a growth area. This article reviews key cases concerning mediation. Subsequent articles will address current issues concerning mediation in the courts and development of government policy.

Marketing for Solicitors

Marketing your Practice: ASA News Update: Word Control Compliance - Jenny Cotton, Mortons Marketing
During the run up to and throughout the Olympics, all organisations were aware just how agreed symbols and words might or might not be used. Not all may have agreed with that legislation or had their support but it remained legislation.

AIDA: Your new best friend - Mike Massen, Gartons Solicitors
When you are writing copy whether it be for a webpage, brochure, press release or any other form of online or offline marketing you should always refer to AIDA.

Extras

Charon QC: Postcard from The Staterooms: A return to dystopian reality

BabyBarista: How to spot a bad barrister