PI Brief Update

29 December 2006 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

The House of Lords gets to grips with PUWER - Niazi Fetto, 2 Temple Gardens
In Robb v Salamis (M & I) Ltd [2006] UKHL 56, the House of Lords for the first time gave detailed consideration to the Provision and Use of Work Equipment Regulations 1998. Their conclusions impact not only the interpretation and application of those Regulations, but also of a broad range of health and safety legislation.

Tainted by fraud arguments - Tim Kevan, 1 Temple Gardens & Duncan McNair, Equity House & Aidan Ellis, 1 Temple Gardens
It seems to many odd that a party to a contract might have the whole of a claim under that contract dismissed for breach of a term of the contract; often a misrepresentation about the risk to underwriters at the proposal of the policy, or falsification or exaggeration within the process of a claim itself, even if...

Nuisances upon the highway and successfully recovering damages - Nigel Edwards, Exchange Chambers
This Article concerns the legal position where vehicles and/or persons are damaged and/or respectively suffer injury as a result of an obstruction upon the highway.

The Animals Act claims another judicial victim: Clark v Bowlt [2006] EWCA Civ 978 - Tim Petts, 12 King’s Bench Walk
The Animals Act 1971 has a well-deserved reputation as one of the less coherent drafted statutes in the personal injury world. The House of Lords attempted to clear up confusion in Mirvahedy v Henley [2003] 2 AC 491, but claims brought under the Act are still not the easiest to understand. The Lord Chief Justice himself said...

Limitation periods: two recent cases - Duncan McNair, Equity House
For a personal injury action, the limitation period starts to run at either the date the cause of action accrued, or the date of knowledge of the claimant (s. 12 Limitation Act 1980). The date of knowledge is defined by s. 14(1) as the date the claimant knew...

Clinical Negligence Articles

Going Down, Going Down, Going Down: WBA v El-Safty revisited in the Court of Appeal - Richard Booth, 1 Crown Office Row
It could be said that this has not been a great year for English football. Arsenal’s defeat (with an almost entirely non-English squad) in the European Cup Final to Barcelona was followed soon after by the crushing disappointment of yet another quarter final exit on penalties for the national team in the World Cup...

Medico-Legal Articles, Edited by Dr Hugh Koch

Employment Stress and DSM IV Psychological Disorders - Hugh Koch, Hugh Koch Associates
A structural way of categorising employment-related psychological disorders was highlighted as being crucial to reliably and validly identify the extent and severity of work-related adverse events (Koch + Bracey, 2006).