PI Brief Update

25 September 2008 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

Credit hire and The Consumer Credit Act 2006 - Aidan Ellis, 1 Temple Gardens
The Consumer Credit Act 2006 was introduced because it was felt that the 1974 Act had not proved consumers with sufficient protection and it raises a number of issues which potentially may be of relevance to credit hire practitioners. This article looks at three such issues. First, the change in definition of regulated agreements. Second, the repeal of the provision making improperly executed agreements automatically unenforceable. Third, the new concept of "unfair relationships".

Should Limitation be Heard as a Preliminary Issue in Personal Injury Claims? - Elizabeth-Anne Gumbel QC & Henry Witcomb, 1 Crown Office Row
In June of this year the Court of Appeal gave their decision in the case of AB & Ors v The Nugent Care Society [2008] EWCA Civ 795. In July 2008 the further decision of the Court of Appeal in Albonetti v Wirral Metropolitan Borough Council [2008] EWCA Civ 783, which had also been stayed pending the decision in A v Hoare, was given.

Part 36 Offers: when is a judgment more advantageous? - Alejandra Hormaeche, Tanfield Chambers
Part 36 offers and the recent Court of Appeal guidance in the case of Carver v BAA [2008] EWCA Civ 412

When is it fair and just to impose liability on an employer for the actions of its employee? - Lisa Sullivan, Cloisters
Gravil v Redruth Rugby Club [2008] EWCA Civ 689 - On the face of it, vicarious liability, which fixes an employer with liability for the acts or omissions of employees, even if there is no fault on the part of the employer and there is nothing they could have done to prevent the act or omission, is at odds with the common law which is based on notions of fault. So when is it fair and just to impose such liability?

Phantom Passengers - Lionel Stride, 1 Temple Gardens
The recent case of Ul-haq v Shah [2008] EWHC 1896 concerned an appeal to the High Court by the defendant in a phantom-passenger claim. The judgment of Mr. Justice Walker contains interesting points of guidance as to how judges should exercise their discretion in relation to the claims brought by bona fide claimants alongside a claimant who is deemed to have made a bogus and fraudulent claim as a ‘phantom’ passenger.

Manchester United, Middlesborough and the £4.5 million personal injury - Tabitha Nice, Stewarts Law
Once in a while a case comes along which although it might not set any legal precedent, it provides a reminder as to the implications of the law as it currently stands, when applied to extreme situations. The recent case of Benjamin Collett v Gary Smith and Middlesborough Football Club is one such case.

Clinical Negligence Articles

Tried and Prejudice - Caroline Hallissey, Outer Temple Chambers
It is a truth universally acknowledged that an individual in pursuit of a clinical negligence claim must be in want of a complete set of their medical records. All too often the burden falling on the claimant as it does in clinical negligence litigation, they fail because their records have gone missing, been misfiled or worse...

Medico-Legal Articles, Edited by Dr Hugh Koch

MS Sufferer granted permission for Judicial Review - Dr Peter Townsend, Queen Elizabeth Hospital Birmingham
In June Debbie Purdy, who suffers from Progressive Multiple Sclerosis, was granted permission for Judicial Review in an attempt to challenge the Director of Public Prosecutions to publish details of his policy on prosecuting individuals who assist in a suicide. This article considers the need for legislative clarification of the law relating to end of life issues.

Psychological Morbidity Following A Road Accident: Mayou et al. (2001) - Dr Paul Elson and Valerie Elliott
Psychological morbidity frequently occurs following a road accident. The disorders suffered by people can be varied and persistent and the need for both early recognition of such problems and of the importance of psychological treatment are paramount.

Charon QC

Charon QC, September 2007
Sackings, short selling and stupidity…