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22 March 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

Indemnities for future loss: a solution to uncertainties of future loss or groundwork for future litigation? - Lisa Sullivan, Cloisters
There have been an increasing number of settlements in high value claims where indemnities have been agreed for future care costs. Where a Claimant may be entitled to receive state funding for their care, the Defendant can argue that any amount received should be deducted from the award of damages...

Evidence of Expert Opinion as Evidence of Fact - Ian Ashford Thom, 1 Temple Gardens
In Kirkman v Euro Exide Corporation (CMP Batteries Ltd) [2007] EWCA Civ 66, it was claimed that a knee injury from an accident at work had resulted in the need for an operation which had been carried out and which had given rise to major complications. Each side was permitted to rely on the expert evidence of one Consultant Orthopaedic Surgeon...

Negligence of pedestrians - Katherine Deal, 3 Hare Court
Whenever a pedestrian comes into collision with a ton or so of moving metal, the odds are that personal injury will result. It may often appear to defendants that the court will approach the matter almost on the presumption that the driver must bear at least some responsibility where his car collides with a pedestrian...

Injury, death, dependency: how many causes of action? - Tim Petts, 12 King’s Bench Walk
Reader v Molesworth Bright Clegg Solicitors [2007] EWCA Civ 169

Road Traffic 2007: Drivers Beware! - Adam Dawson, 9 Gough Square
In relation to road traffic accidents the government and related agencies appear to have spent an increasing amount on hard hitting advertising. Their slogan is Think! Although as the recent case of Ehraro v Curry & Anor [2007] EWCA Civ 120 shows, thinking time is not high up on the agenda of the judiciary.

Diagnosing Subtle Brain Injury - Aidan Ellis, 1 Temple Gardens
The recent personal injury case of van Wees v (1) Karkour (2) Walsh, contains some interesting discussion of the medicine behind claims for subtle brain injuries.

Clinical Negligence Articles

Fairness and the General Medical Council - Striking the right balance - Richard Booth, 1 Crown Office Row
The regulation of all professions, but in particular the medical profession, has been a burning discussion topic in recent years. The fundamental question is to what extent any profession should be permitted or entitled to regulate itself.

Medico-Legal Articles, Edited by Dr Hugh Koch

PTSD or not PTSD? - Dr David Gill,
Psychiatric experts are often asked about the presence or absence of a diagnosis of post-traumatic stress disorder. Of course, it’s not just an academic question - damages for PTSD tend to be higher than for related or indeed overlapping conditions such as anxiety and depression.

Complex Regional Pain Syndrome - Dr George Harrison, University Hospital Birmingham
Contradictory as it may seem, the primary aim of a pain management team is not the curing of pain, as we have to accept that this may not be possible, but the restoration of function...

Book Reviews

Expert Evidence: Law and Procedure by Tristram Hodgkinson and Mark James
Here is a book which tackles the broad subject of expert evidence with admirable precision and attention to detail.

Charon QC

Charon QC, March 2007
Podcasts, smoking bans, Viagra and a very ’Modern Attorney-general’...