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23 August 2007 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

Credit hire and courtesy cars - Tim Kevan, 1 Temple Gardens & Aidan Ellis, 1 Temple Gardens
Defendants in credit hire cases in the County Courts are frequently faced with the situation where, following a road traffic accident, a Claimant chooses to hire a replacement vehicle on credit, rather than getting a courtesy car through his own insurance. Defendants may wish to argue that this is a failure to mitigate or that the Claimant did not need a replacement hire vehicle at all.

The Mental Capacity Act 2005: A Quick Guide - Simon Readhead QC
For lawyers in this country, "living wills" and medical powers of attorney will become part of the law when the Mental Capacity Act 2005 comes fully into force in October 2007.

Claiming the Cost of a Hydrotherapy Pool - Elizabeth-Anne Gumbel QC, 1 Crown Office Row & Henry Witcomb, 1 Crown Office Row
In the cases of Hannah Haines v Airedale NHS Trust [2000] 2 May 2000 and Adam Wakeling v Michael McDonagh and MIB [2007] EWHC 1201, Mr Justice Bell and HH Judge Mackie QC have considered in detail the arguments for providing the claimant with a hydrotherapy pool.

Time limits and MIB Claims - Lisa Sullivan, Cloisters
The time limits for claims under both the untraced or uninsured drivers agreements have long formed a trap for the unwary, but three recent cases indicate that mistakes in the future may not have such a terminal effect on the claim.

Tilting Manhole covers: Just how carefully do the local authority have to look? - Adam Dawson, 9 Gough Square
Mr Justice Teare considered the scope of a highway authority’s duty under section 41 of the Highways Act 1980 and to what extent the local authority could rely on a statutory defence set out in section 58 of the act in the case of Atkins v Ealing London Borough Council [2006] EWCH 2515 (QB), [2006] ALL ER (D) 186 (Oct), which related to a claimant injuring herself on a defective manhole cover.

Medical Treatment Contary to Parents Wishes: The Illusion of Parental Autonomy - Odette Hutchinson, UCE Birmingham
The NHS Trust v A (a child) & Ors [2007] EWHC 169

Clinical Negligence Articles

Mental Capacity and the New Court of Protection - Cara Guthrie, Outer Temple Chambers
Considers the effect of the changes to the Court of Protection for those representing patients.

Medico-Legal Articles, Edited by Dr Hugh Koch

Psychology and the assessment of malingering - Robert J Edelmann, University of Roehampton
This brief paper provides a comment on the psychological assessment of potential malingering. The problem with relying on self-reports when assessing for psychological problems and the potential for malingering is highlighted. It is argued that because an accusation of malingering is very serious, multiple methods should be used to assess it.

Coronial Law Articles, Edited by Bridget Dolan, 3 Serjeants’ Inn

Police Under a Duty Under Art. 2 to Take Preventative Protective Measures Regarding a Prosecution Witness Who Had Been Threatened - Sarah Simcock, 3 Serjeants’ Inn
(1) Irwin Van Colle (Administrator of the Estate of Giles Van Colle Deceased) (2) Corinne Van Colle v Chief Constable of the Hertfordshire Police [2007] EWCA Civ 325

Mediation & ADR Articles, Edited by Justin Patten

Mediation in Personal Injury Claims - Margaret Mervis, Mediation Solutions
Mediation in Personal Injury Claims - Margaret Mervis, Mediation Solutions