PI Brief Update

31 March 2008 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

New Constructions for Old - Alan Saggerson, 1 Chancery Lane
A Purposive Approach to the Jurisdiction of Domestic Courts in EU RTA claims.

Suicide: when does a defendant’s liability cease? - Katherine Deal, 3 Hare Court
In Corr (administratix of the estate of Thomas Corr deceased) v IBC Vehicles Limited [2008] UKHL 13, the House of Lords recently considered the extent to which a defendant who negligently injures someone can properly be held liable for damages if that person then subsequently commits suicide.

What is "work Equipment"? The Court of Appeal Limits the Reach of the Provision and Use of Work Equipment Regulations - Niazi Fetto, 2 Temple Gardens
The Provision and Use of Work Equipment Regulations are notorious for their strictness and their capacity to produce ostensibly unjust results for employers. That reputation is likely, however, to be heavily dented by the impact of the recent decision of the Court of Appeal in Smith v Northamptonshire County Council [2008] EWCA Civ 181.

Fatal Accident Claims, Do I Need a Grant of Probate? - Rankeshwar Batta, Anthony Collins Solicitors LLP
One procedural matter that often causes divided opinion is whether or not an official Grant of Probate/Letters of Administration is needed in order to issue and serve Court Proceedings in a Fatal Accident Claim.

Clinical Negligence Articles

Causation Conundrum - Dr Peter Ellis, Seven Bedford Row
Dr Peter Ellis considers the decision of Foskett J in Bailey v MOD. Can a negligent course of medical treatment, the consequences of which materially contribute to a claimant’s brain injury, be said to have caused the injury for the purposes of the law?

Medico-Legal Articles, Edited by Dr Hugh Koch

Continuing Pain Without Disease: The Development of Chronicity - Dr George Harrison, University Hospital Birmingham
The development of chronicity of pain is an issue that continually comes up in the assessment of patients who have suffered from injury. In some cases there is clear evidence of a continuing pathological process...

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

Requirement to hold an inquest where culpable human failure possibly contributed to a death from natural causes. - Bridget Dolan, 3 Serjeants’ Inn
Bicknell v HM Coroner for Birmingham and Solihull [2007] EWHC 2547 Admin, 9 November 2007

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

PI Practitioners Are Doing It For Themselves: Settlement Meetings and Resistance to Mediation - Andrew Goodman, 1 Chancery Lane
At a time when CEDR is imminently to launch a new personal injury early neutral evaluation and mediation scheme, and when PIBA has for some time been debating in committee whether to devise its own scheme, personal injury practitioners appear to be no more welcoming to mediation.

Charon QC

Charon QC, March 2008
Hire this guy.