January 2015 Contents
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Personal Injury Articles | |
![]() Chapter Three from the book 'RTA Personal Injury Claims Post Jackson: A Practical Guide' by Andrew Mckie. The public liability (PL) portals came into effect on 31 July 2013. Any book looking at slipping and tripping claims post-Jackson, would not be... |
![]() Chapter Two from the book 'RTA Personal Injury Claims Post Jackson: A Practical Guide' by Andrew Mckie. It is clear that in relation to post-Jackson, post 31 July 2013 highways and public liability cases, the incentives for defendants and insurers to settle... |
![]() At a number of costs and case management conferences recently, I have noticed District Judge's refusing to budget for a solicitor to attend trial on the basis that having a solicitor attend trial is a "luxury". I disagree... |
![]() Earlier this month, Nia Griffith MP made a call in a parliamentary debate for hairdressers to be subject to a compulsory state register. Whilst there has been no indication from the government that this suggestion will be implemented it does highlight the difficulty with... |
![]() If you are struggling to pin down the relevant principles when advising in a secondary victim case this should be no surprise. As Lord Hoffmann observed: "It seems to me that in this area of the law, the search for principle was called off in Alcock v. Chief Constable... |
![]() In a system of civil litigation in which the general rule is "loser pays", qualified one-way costs shifting (QOCS) is one of the more radical of the Jackson reforms. Although the English legal system is used to restrictions on costs recovery in publicly funded litigation... |
![]() Section 69 of the Enterprise and Regulatory Reform Act 2013 repealed section 47 of the Health and Safety at Work, etc. Act 1974. The latter accorded a civil right of action for a breach of the regulations created under the HSWA 1974 except so far as... |
![]() R (on the application of DINJAN HYSAJ) v Secretary of State for The Home Department: Fathollahipour v Aliabadibenisi: May v Robsinson [2014] EWCA Civ 1633. CPR r.3.9 rears its growling head again...but a more robust approach, nevertheless, should... |
![]() The case of Downing -v- Peterborough & Stamford Hospitals NHS Foundation Trust [2014] EWHC 4216 (QB) provides an interesting example of the court assessing damages in a case where liability was agreed. Here we look at the judge's approach to... |
![]() On 10th November 2014, just over five years after the publication of Lord Gill's Scottish Civil Courts Review, the Courts Reform (Scotland) Act 2014 received Royal Assent. As a result, the coming year will see steps taken which will radically alter... |
![]() With the new year come predictions as to what will happen in 2015. Tom Standage of the Economist predicts that our smart phones will become smarter with the use of anticipatory or predictive intelligence - our phones may suggest we leave... |
![]() There can be little doubt that modern litigation involves the increased presence of people representing themselves in court. Particularly amongst some kindlier judges (in all courts) there could be said frequently to be a culture of... |
![]() An application for a payment on account of costs is the jet pump of cashflow. Beware of it reversing the flow. More claimants are now applying for payments on account of costs in the early stages of costs negotiations or detailed assessment proceedings... |
![]() On 1st September 2014, the most significant change in special educational needs (SEN) law for 30 years took effect due to the Children and Families Act 2014. This has increased the scope of support for children and young people. It means that PI... |
![]() Should we be deducting success fees from our client's damages in successful personal injury and clinical negligence claims? After some initial hesitation my firm have decided not to do so and our Conditional Fee Agreements (CFAs) with... |
![]() Any regular reader will be aware that I have an interest in fraudulent personal injury claims, being involved as I am in numerous cases where a vast range of fraud is alleged by Defendant parties... |
![]() Still on the subject of experts, I read two reports about a client's mental capacity recently, which emphasised to me the need for skilled legal management of evidential problems... |
![]() Those with an interest in the Rome II Regulation (there must be someone else out there) may already be familiar with the recent decision of Slade J in Winrow v Hemphill & Anor. [2014] EWHC 3164 (QB). This short piece focuses on one aspect of the judgment... |
![]() The recent case of Burtcher v Southend-on-Sea BC helps to identify those cases where a system of inspection and risk assessments is crucial to a successful defence, and those where it makes no difference because the hazard is... |
![]() On the 9th July 2014 a project was undertaken by members of the European Judiciary, Lawyers, Expert Witnesses and Legal Academics to reach a European consensus on the best practices in civil judicial expertise and to draft a European Guide to... |
![]() I know there's an element of repetition about my blogs, but I think that's because some points crop up again and again, and seem to me to be fundamentally important. Sometimes, when I read reports of cases which have been decided by the courts, I'm amazed that... |
![]() 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: A 25% Deduction From Child Settlement Awards |
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Medico-Legal Articles, Edited by Dr Hugh Koch | |
![]() The accurate and reliable assessment of the breadth, severity and duration of psychological symptoms is central to psychological medico-legal enquiry. Within this context, the attribution of psychological symptoms in relation to a given 'index event' (for example a road traffic accident or an injury at work) is of central importance... |