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29 December 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

Negligence of passengers - Katherine Deal, 3 Hare Court
In a recent case in the High Court, Gleeson v Court [2007] EWHC 2397 (QB), HHJ Foster QC considered the proportion of blame to be attributed to a passenger grievously injured in a road accident.

Video Surveillance Evidence – Getting it Right - Niazi Fetto, 2 Temple Gardens
There is much confusion about the rules governing the use of video surveillance evidence in personal injury cases. This article sets out the main principles, and seeks to give practical assistance to lawyers seeking to rely upon, or challenge, such evidence.

Standard of Care in Holiday Accident Cases - Alan Saggerson, 1 Chancery Lane
What does reasonable care demand in the circumstances of an overseas accident?

To clarify or not to clarify: that is the (Part 35) question. - Rankeshwar Batta, Anthony Collins Solicitors LLP
Claimant personal injury practitioners, particularly clinical negligence practitioners are finding they are being pushed down the route of joint instruction of quantum experts more frequently on the main basis that costs are ultimately saved in doing so.

Clinical Negligence Articles

Dr David Southall Struck off Medical Register - Dr Peter Ellis, Seven Bedford Row
On 4th December 2007 the controversial paediatrician Dr David Southall, who is credited with the description of "Munchausen by proxy syndrome", was struck off the Medical Register

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

Coroners Rules require that disputed documentary "hearsay" evidence must be proved by calling a witness to put the document in evidence. - Bridget Dolan, 3 Serjeants’ Inn
R (Paul and the Ritz Hotel Limited) v Assistant Deputy Coroner Of Inner West London [2007] EWHC 2721 (Admin) 20.11.07

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

A review of developments in personal injury mediation and mediation economics - Tim Wallis, Expedite Resolution Ltd
Mediation has not generally had a successful track record with personal injury practitioners and insurers. There are reasons to believe that this may be changing and pi lawyers may find this a good time to review both their mediation skills and the underlying economics of pi mediation.

Charon QC

Charon QC, December 2007
Corruption free New Year Honours edition.