PI Brief Update

27 September 2007 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

The FSA, insurers and third-party capture - Tim Kevan, Aidan Ellis & Anthony Johnson, 1 Temple Gardens
This article looks at one particular aspect of FSA regulation, that over insurance companies and so-called ‘third party capture’

European Updates: Part II - Katherine Deal, 3 Hare Court
Part I considered the proposed harmonisation of European limitation laws. This article deals with the changes consequent on the entry into force on 11 January 2009 of Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations, otherwise known as ‘Rome II’.

Costs Capping & Multi-Party Illness Claims - Alan Saggerson, 1 Chancery Lane
The Court of Appeal drafted a set of principles to be applied for costs capping (in personal injury claims) before giving judgment in Willis v Nicolson [2007] EWCA Civ 199. They were not published! Buxton LJ considered it inappropriate for the Court to undertake this role – now consigned to the Civil Procedure Rules Committee from whom we await further guidance.

Accidents abroad, the French connection - Dawson v Broughton (2007, Manchester CC) - Tim Petts, 12 King’s Bench Walk
When considering whether to bring proceedings in England for an accident abroad, the question of which country’s law will be applied will be crucial in determining how best to proceed.

Periodical payments linked to earnings-based measure - Summary of Ure v Ure
It is the first time that we are aware that an insurer has agreed to settle (with no right of appeal) a claim for periodical payments linked to an earnings-based measure (ASHE 6115, 80th centile) instead of the RPI.

Dangerous animals: Welsh v Stokes & Stokes [2007] EWCA Civ 796 - Lionel Stride, 1 Temple Gardens
In the case of Welsh, the Court of Appeal has provided useful clarification of the meaning and application of section 2(2) of the Animals Act 1971. This article analyses the most significant findings and conclusions in the judgment.

Claimants’ Skating on Thin Ice? - Angus Piper, 1 Chancery Lane
An exploration of two recent unreported decisions under Section 41(1A) of the Highways Act 1980, in each of which the defendant highway authority succeeded in having the claim against it dismissed.

Medico-Legal Articles, Edited by Dr Hugh Koch

Assessing the degree of adult psychiatric disorder caused by childhood sexual abuse - Dr Trevor Friedman, Consultant Psychiatrist
There has been increasing public interest and legal activity relating to the large number of children who were abused whilst in foster care and other institutions. The revelation of such events often many years or decades after the events has caused major problems in trying to identify the level of psychiatric disorder and more particularly the amount of psychiatric damage caused by the alleged abuse.

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

A Coroner’s Power to Adjourn an Inquest is Discretionary - Yasmin Yasseri, Pupil Barrister, 3 Serjeants’ Inn
R (Pereira) v HM Coroner for Inner South London & Other Interested Parties [2007] EWHC 1723 (Admin)

Mediation & ADR Articles, Edited by Justin Patten, Human Law

How To Negotiate Effectively - Justin Patten, Human Law
As personal litigation lawyers, we are having to negotiate on a daily basis but how effective are we as lawyers? Could we be doing better?