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27 March 2009 Summary


Industry News
Summary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure



Personal Injury Articles

Rome II - Alejandra Hormaeche, Tanfield Chambers
Personal injury practitioners dealing with cases involving a foreign element will be mindful of the changes to the legal landscape brought about by the Rome II Regulation on the choice of law for non-contractual obligations.

The Duties on Solicitors in CFA as Contained in Jones v Attrill - Rosa Dickinson, St Philip’s Chambers
The Court of Appeal judgment in Jones v Attrill [2008] EWCA Civ 1375 laid down guidance for what is expected of solicitors in signing clients up to Conditional Fee Agreements in order to comply with the Conditional Fee Agreement Regulations 2000.

The Environment Agency v Ellis [2008] EWCA Civ 1117: Causation and the Limits of Fairchild. - Shyam Kapila
In Ellis the Court of Appeal made it clear that the causation principles espoused in cases such as Fairchild v Glenhaven Funeral Services [2003] 1 AC 32 and Barker v Corus [2006] 2 AC 572 usually belong to the category of complicated industrial disease claims and should not be introduced into common accident claims.

Permanent Health Insurance: The Forgotten Remedy? - Michael Scutt, Dale Langley & Co
We all know how difficult occupational injury and illness cases can be, particularly if the Claimant is alleging stress at work or even a work-related upper limb disorder (WRULD)...

An Alternative to Wrongful Trading Actions - Mike Griffiths, Formerly Deputy Head of the School of Law at the University of Wolverhampton
When it was introduced as a new remedy in insolvency law in 1986 wrongful trading was seen by many as the panacea for almost all woes on corporate insolvency...

Instructing an Expert new to Expert Witness work - Jenny Cotton, Mortons Marketing
Report Writing - third in a series on briefing an expert new to court reporting.

PI Travel Law, Edited by Katherine Deal, 3 Hare Court

Periodical Payment Orders and Overseas Defendants - James Dingemans QC
Cases involving overseas defendants and insurers still raise matters of difficulty. Two major, but related, difficulties are addressed in this article.

Medico-Legal Articles, Edited by Dr Hugh Koch

A Pilot Study to Explore the Effects of Symptom Monitoring in Children and Adolescents with Posttraumatic Stress Reactions Following Road Traffic Accidents (Hardy & Stallard, 2008) - Dr Jacquie Hetherton, Hugh Koch Associates
Posttraumatic reactions in children following traumas such as road traffic accidents are common with approximately 30% of children developing post-traumatic stress disorder four weeks after an RTA and 15-18% continuing to experience PTSD up to 9 months later...

PTSD; Legal entity or medical condition? - Manda Holmshaw Phd & J Wilson Carswell OBE FRCS, Moving Minds Psychological Management and Rehabilitation
Posttraumatic Stress Disorder (PTSD) is a condition familiar to personal injury lawyers and may form the basis of a significant part of their case load.

Marketing for Solicitors

Marketing Your Practice: Interest & Action, Meeting Competition - Jenny Cotton, Mortons Marketing
Be specific. Universal competitive policies do not fit well, just like one size socks. Only for monopolies and totally new offers is competition never uniform. Only in times of rapid expansion is rivalry so low that all suppliers grow. This is not the current case. Even for a single service like the UK compulsory TV licenses there are two product versions, for colour or mono, paid for through a variety of channels at varied immediate costs. Are all legal services competitors the same?

Charon QC

Charon QC, March 2009
I bring news of many things.