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September 2011 Summary


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


Editorial: The New Credit Hire

Personal Injury Articles

Pedestrian Road Traffic Accident: Is Eye Contact Vital? - Oliver Rudd, 12 King's Bench Walk
For those practitioners who have had the pleasure of driving through a busy town centre on Friday or Saturday night, the real risk of pedestrians stumbling into the road will be a familiar hazard. Two recent decisions by the Courts in addressing cases involving pedestrians who were found to have stepped into the path of an oncoming vehicle provide a useful reminder of the factors which may assist the court in determining liability.

Contempt: a serious issue and a cautionary tale - Lisa Sullivan, Cloisters
There has been increasing concern about fraud in personal injury claims. Nield v Loveday [2011] EWHC 2324 Admin is the most recent case showing how severe the consequences to a claimant and his witnesses can be if they are shown to have lied about the extent of their injuries, not in court, but in documents verified by a statement of truth prior to any hearing.

Credit Hire Articles

Poor Little Rich Man - Jason Prosser, Credit Hire Advocacy Services
The issue of what rate of hire is recoverable by a claimant who has chosen to hire under a credit hire arrangement is the feature of credit hire litigation which must engage the courts more than any other.

PI Travel Law, Edited by Katherine Deal, 3 Hare Court

ATOL Reform Consultation: The proposed inclusion of "Flight-Plus" holidays - Asela Wijeyaratne, 3 Hare Court
On 23 June 2011, the Department for Transport published the ATOL Reform Consultation document which has been widely anticipated since the Government’s "in principle" decision announced on 3 February 2011 to reform the scheme.

Medico-Legal Articles, Edited by Dr Hugh Koch

Distinguishing Post Concussion Disorder from Depression: A Decision-Making Model - Dr Kathy Peace, Dr Karen Addy, Dr Diana Pidwell, Dr Louise Payne
Even a modest blow to the head in a RTA can lead to the development of concussion. Uncomplicated concussion does not need medical treatment so most sufferers are not admitted to hospital. About half of those who suffer concussion go on to develop Post Concussion Disorder (PCD).

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

Mediation fist fights and other surprises - Tim Wallis, Trust Mediation Ltd
Surprises are normally nice things. A surprise party has become a conventional way of recognising a big birthday or a homecoming. People enjoy such a "fun" start to an event. Surprises at a mediation, however, almost always mean trouble. When a mediation has got into difficulty and I have then analysed the cause, it often comes down to one party having taken the other by surprise. I mentioned this recently to some fellow mediators and was met with multiple examples to add to those I have encountered myself. These surprises are listed below, followed by a discussion about how they can be avoided.

Charon QC

Charon QC, September 2011
…and then there was silence


BabyBarista, September 2011
The house always wins