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30 April 2008 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

Quantum: Recent Developments in Fatal Accident Act Claims - William Latimer-Sayer, Cloisters
There has been a recent flurry of decisions concerning the principles to be applied when assessing the value of claims under the Fatal Accidents Act (FAA) 1976 (as amended). This article looks at four of those cases in particular: Williams v Welsh Ambulance Services NHS Trust [2008] EWCA Civ 81; A Trains & Son Ltd v Fletcher [2008] EWCA Civ 413; Jones v Royal Devon & Exeter NHS Foundation Trust [2008] EWHC 558 (QB); and Cameron v Vinters Defence Systems Limited [2007] EWHC 2267 (QB).

Hoddinott, Tick Boxes and the Procedure for Challenging the Late Service of a Claim Form - Jack Harris, 2 Temple Gardens
The recent Court of Appeal case of Hoddinott and Others v. Persimon Homes (Wessex) Ltd [2007] EWCA Civ 1203 has clarified the correct procedure to be adopted by defendants when challenging the late service of a claim form.

Is it all in the name? Smith v Manchester revisited - Angus Piper, 1 Chancery Lane
The Court of Appeal (Pill LJ, Sedley LJ and Sir Peter Gibson) recently dealt with the case of Morgan v UPS Ltd [2008] EWCA Civ 375, which consisted of an appeal against a decision of Mr Recorder Barrie, wherein he had awarded the injured claimant £12,800 for loss of “future earning capacity”, together with an additional £10,000 for “Smith v Manchester damages”.

Smith v Chief Constable of Sussex Police [2008] EWCA Civ 39 - Rosa Dickinson, St Philip’s Chambers
A victim of an attack successfully appealed against the striking out of his claim against the police on the basis of the principle laid down in Hill.

Medico-Legal Articles, Edited by Dr Hugh Koch

Psychological well-being and quality of life in women with potential or suspected Hepatitis C Virus Infection - Hugh Koch
Implications for Psychological Assessment in Medical Negligence and Hospital accidents.

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

R (Warren) v HM Assistant Coroner for Northampton [2008] EWHC 966 (Admin), 29 April 2008 - Bridget Dolan, 3 Serjeants’ Inn
An inquest may require independent expert evidence as to appropriate professional standards in order to comply with the procedural obligations of Article 2 ECHR

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

Mediation in Personal Injury 2008 Update - Margaret Mervis, Mediation Solutions
Are we at last seeing a new dawn for mediation in the area of personal injury litigation?

Charon QC

Charon QC, Apr 2008
Shepherd’s pie does not need layer of tomatoes on top… official