This site uses cookies.

26 October 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

Does enforceability of a Hire Agreement Matter? - Aidan Ellis, 1 Temple Gardens
In Bee v Jenson [2007] EWCA Civ 923, the Court of Appeal had the opportunity to consider an issue of general importance in insurance law.

Planning for Winter - Ben Leech, 12 King’s Bench Walk
The application of section 41(1A) of the Highways Act 1980 was discussed recently in the case of Rhiannon Pace v City and County of Swansea, 10th July 2007.

Ley v Devon County Council, Sounding the Retreat on Gulliksen? - Daniel Tobin & Nigel Lewers, 12 King’s Bench Walk
When identifying the central issue on appeal in the case of Gulliksen v. Pembrokeshire County Council [2002] EWCA Civ 968, Sedley LJ said "...the answer may have significant implications for local authorities throughout England and Wales." Few recent judicial observations can have proven to be so prescient.

Some Recent Quantum Issues Arising in the Cases of Lane V Lake (Deceased) and Burton V Kingsbury - William Latimer-Sayer, Cloisters
This article reviews a couple of recent first instance decisions relating to quantum highlighting some points of principle and practice practitioners may wish to look out for.

The Lacuna Over Part 36 and Fixed CFA Success Fees - Kiril Waite, 1 Chancery Lane
Earlier this year the CA heard the appeal in Lamont v Burton (2007) 3 ALL ER 173, a case that raises an important point of principle over the lacuna that exists between fixed CFA success fees and a failure to beat a Part 36 offer. Anyone involved in CFA work (claimants or insurers) should be aware of this decision and the ramifications it may have to any negotiated settlements.

Disapplying the Applicable Law under ss.11 and 12 of the Private International Law (Miscellaneous Provisions) Act 1995 - Sarah Prager, 1 Chancery Lane
In a recent appeal decision, Prince v Prince, 22nd June 2007, unreported, His Honour Judge Inglis gave guidance on the interpretation of ss.11 and 12 of the Private International Law (Miscellaneous Provisions) Act 1995. This article reviews the decision.

Clinical Negligence Articles

The Important Difference Between Personal Injury and Death – Richard Booth, 1 Crown Office Row
It is all too easy on occasion to keep the blinkers on when one is asked to advise in relation to a claim for damages for personal injury caused by clinical negligence. One simply advises in relation to the claim with which one is presented. A recent decision of Langstaff J, Thompson v Arnold [2007] EWHC 1875, rams home the importance of keeping at least one eye on the possibility that the claimant may die early as a result of the negligence in question.

Medico-Legal Articles, Edited by Dr Hugh Koch

Work Related Upper Limb Disorder - Dr George Harrison, University Hospital Birmingham
Work Related Upper Limb Disorder (WRULD) is the proper diagnosis of the condition generally called repetitive strain injury. This diagnosis has not hitherto been associated with any specific pathological condition but appears to cover a wide variety of conditions, in the majority of which the exact underlying pathology is still unknown.

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

Negotiating To Deliver Results - Justin Patten, Human Law
Mediation is about agreement and compromise. For some this might not seem a good way to resolve a dispute, especially when fuelled by the idea of "winning". But when you consider the success rates of mediation - where both parties reach an acceptable conclusion - settlement in mediation has to be a better result than "losing" through the Courts.