PI Brief Update

05 June 2006 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

Direct Claims Against Foreign Insurers - Katherine Deal, 3 Hare Court
The situation arising in the context of road accidents which happened overseas as to whether a claimant wishing to bring his claim in the courts of England and Wales can name a foreign-domiciled insurer as defendant.

The Court of Appeal decision in Smith v Kvaerner Cementation Foundations [2006] EWCA Civ 242 - Tim Petts, 12 King’s Bench Walk
On difficulties for Recorders and counsel in the following situations...

Making submissions of no case to answer: a storm in a teacup? - Joanna Droop, 12 King’s Bench Walk
Since the Civil Procedure Rules 1998 came into force the Court of Appeal has considered no less than six times the question of the procedure for putting Defendants to their election when making a submission of no case to answer at the end of a Claimant’s case...

Can it be professional negligence to pay money into court? - Niazi Fetto, 2 Temple Gardens & Elizabeth Wale, 2 Temple Gardens
Part 36 offers and payments.

Tesco Stores & Another v Connor Frederick Pollard (a minor) [2006] EWCA Civ 393 - Charles Curtis, 1 Temple Gardens & Lionel Stride
The Court of Appeal strictly delimited the meaning of “defect” for the purposes of the Consumer Protection Act 1987. The decision will delight defendants and their representatives.

Barker v Corus (UK) Plc - Jerome Mayhew, 1 Temple Gardens
A major development on apportionment of liability in asbestos cases.

Can exemplary damages be seen as a tool to combat small claims fraud? - Nigel Wilkinson QC, 1 Temple Gardens
The changes in the field of personal injury litigation over the past seven years have succeeded in drastically reducing the number of cases brought to trial...

Liability for Suicide: Corr v. IBC Vehicles [2006] EWCA CIV 331 - Duncan McNair, Equity House
Recent developments in Fatal Accidents Act claims.

Similar fact evidence in fraud cases - Tim Kevan, 1 Temple Gardens & Duncan McNair, Equity House
To enhance allegations that a claim is fraudulent, a party may look beyond the specific incident or claim under review, and explore wider activity to which the current incident/claim can be connected, for example...

Clinical Negligence Articles

Mishaps with Metatarsals in May: a doctor’s duty to Rooney, club and country? - Richard Booth, 1 Crown Office Row
As the World Cup approaches, what duties to doctors owe to the people who pay their footballer patients’ wages?

Medico-Legal Articles, Edited by Dr Hugh Koch

What is Pain? - George Harrison
According to the generally held definition, which was produced by the International Association for the Study of Pain, it is the subjective and emotional response to...

Update on low speed impact medical literature - Patrick Nee, Whiston Hospital
Examines recent publications in this area.