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01 May 2006 Summary


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



Personal Injury Articles

Adams v Ali: Walkley revisited - Lisa Sullivan, Cloisters
Review of this recent Court of Appeal decision which again restricts the ambit of Walkley v Precision Forgings, preserving the courts section 33 discretion in the majority of cases.

Does Size Really Matter - an update of tripping decisions - Adam Dawson, 9 Gough Square
A look at the common law approach to tripping accident, with reference to the Galloway case.

Putting Claimants to Proof – Life after Kearsley - Daniel Tobin, 12 King’s Bench Walk
A discussion of the principal issues that a Defendant must consider when deciding whether to plead fraud or simply put a Claimant to proof.

Low Velocity Impacts - Alejandra Hormaeche, Tanfield Chambers
Tips on what to look out for when dealing with personal injury claims arising out of low velocity impacts.

Assessing the Loss of a Career - Paul Kilcoyne, 1 Temple Gardens
Until the recent Court of Appeal decision in Herring -v- MOD (2004) 1 All ER 44 assessing the value of a loss of career was expressed in terms of the loss of a percentage chance...

Pleural Plaques: A Very Trifling Matter - Ian Ashford Thom, 1 Temple Gardens
A criticism of the majority Court of Appeal ruling in Rothwell (2006) EWCA Civ 27.

The whole truth and nothing but the truth? - Emma-Jane Hobbs, 1 Temple Gardens
Discusses the evidential status of medical records in personal injury cases.

Summary assessment in CFA cases: Review of important principles and recent cases - Sacha Ackland, 1 Temple Gardens
A guide to summary assessment in CFA cases.

Referee! You Cannot Be Serious! - Tim Kevan, 1 Temple Gardens & Duncan McNair, Equity House
The potential liability of referees has come to the fore in past few years with ground-breaking decisions in...

Clinical Negligence Articles

Inquest reform: can’t pay, won’t pay? - Dr Peter Ellis, Lamb Chambers
Discusses proposed changes to coroner’s inquests in England & Wales, including the Coroner Reform Bill.

Health & Safety Articles

Risk Management in Sports and Recreation - Andrew Petherick, RAE Leisure Consultants
Risk management, previously often referred to as ‘safe practice’ involves managing the risk (or possibility) of injury by undertaking appropriate assessment of...

Medico-Legal Articles, Edited by Dr Hugh Koch

Psychological Issues in Chronic Absence from Work - Hugh Koch, Hugh Koch Associates
Assessing the causes of and ongoing reasons for chronic absence from work is complex. This paper outlines a framework...