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22 August 2006 Summary

NEWSLETTER

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

LAW JOURNAL

Editorial

Personal Injury Articles

Majrowski: Vicarious Liability under the Protection From Harassment Act 1997 - Lisa Sullivan, Cloisters
Following the House of Lords decision that employers are vicariously liable for the acts of harassment of their employees, will there be a flood of claims?

Limitation Periods for Sexual Assaults - Elizabeth-Anne Gumbel QC, 1 Crown Office Row & Henry Witcomb, 1 Crown Office Row
Personal injury claims arising out of sexual assaults give rise to particular limitation problems...

Department for Transport v. Mott McDonald Limited & Others: Sounding the Retreat on Goodes? - Daniel Tobin, 12 King’s Bench Walk
This is a case which all highways practitioners need to be familiar with.

Mesothelioma Caused by Asbestos: Parliament Reverses Barker v Corus - Ian Ashford Thom, 1 Temple Gardens
In Barker v Corus [2006] UKHL 20, the House of Lords by a majority of 4 – 1 ruled that mesothelioma victims who had suffered asbestos exposure at the hands of a multiplicity of employers were not entitled to...

The Status of Pre-Action Admissions Post Sowerby v Charlton - Emma-Jane Hobbs, 1 Temple Gardens
A question that had, until recently, given rise to much uncertainty in the lower courts was whether CPR 14.1, the successor rule to Order 27, rule 3, was capable of being interpreted in the same way...

Rogers v Merthyr Tydfil: Proper Approach to Assessment of Staged ATE Premiums - Sacha Ackland, 1 Temple Gardens
A summary and comment on the recent Court of Appeal decision in which guidance is given on the correct approach to the issue of proportionality of ATE premiums, in particular staged premiums in small PI cases.

Surveillance Evidence in Fraud and Exaggerated Claims - Tim Kevan, 1 Temple Gardens & Duncan McNair, Equity House
With a growing number of cases going through the courts where insurers are either explicitly or implicitly questioning either the veracity of the claim or at least its’ credibility, it is a useful exercise to review a few of the authorities on the admissibility and use of surveillance evidence.

Paying for Care: Local Authorities or Defendants? - Lionel Stride, 1 Temple Gardens
This article examines two recent decisions in the High Court which have thrown into full relief the thorny issue arising in personal injury cases where a severely disabled claimant contends that...


Clinical Negligence Articles

Shipman and Beyond: the Future Regulation of Healthcare Professionals - Dr Peter Ellis, Lamb Chambers
Examines the long awaited reports by the Department of Health into the future regulation of the medical profession (the Donaldson report) and non-medical healthcare professionals (the Foster review).


Medico-Legal Articles, Edited by Dr Hugh Koch

Low Speed Impacts: Bunketorp O, Jakobsson L and Norin H - Patrick Nee, Whiston Hospital
Comparison of frontal and rear-end impacts for car occupants with whiplash-associated disorders.


Book Reviews

The Future of the NHS, Dr Michelle Tempest (Editor)
This is one of those special books that comes along only very occasionally...