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29 May 2009 Summary


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



Personal Injury Articles

Orchard v Lee - Rosa Dickinson, St Philip’s Chambers
Everyone remembers playing tag in the playground at school, but how many of us considered we might be sued for bumping into a lunchtime supervisor? That was the predicament which young Master Lee was faced with following an accident at school in January 2004.

Thinking Negatively (Claims for Negative Declarations in Personal Injury Actions) - Katherine Deal, 3 Hare Court
Claims for negative declarations are not uncommonly used in personal injury litigation overseas. It is open to a defendant insurer in France, for example, where issues of fault seldom arise in claims arising out of road traffic accidents, to bring proceedings against the victim in order to resolve the issue of how much money it is liable to pay. But it is seldom that one encounters such an application in the personal injury field in England.

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

Beyond Odenbreit: Direct Claims against Non Motor Insurers - Howard Stevens, 3 Hare Court
The Fourth Motor Insurance Directive required member states to ensure that injured parties enjoyed a direct right of action against third party insurers. In the UK this was provided for by the European Communities (Rights against Insurers) Regulations 2002.

Jurisdiction in Cruise Cases: Recent Developments in the County Courts - Sarah Prager, 1 Chancery Lane
In a number of recent cases the County Courts have been asked to strike out cruise claims on the basis that they have no jurisdiction to hear them. Sarah Prager examines the issues.

Medico-Legal Articles, Edited by Dr Hugh Koch

R v Dr Priya Ramnath [2009] - Odette Hutchinson, Aston Business School
The recent conviction at Birmingham Crown Court of Dr Priya Ramnath for the manslaughter of a patient under her care at Stafford District General Hospital, occurs no less than a decade after the original inquest into the victim’s death recorded a verdict of death by natural causes. This verdict was later overturned following a second inquest in 2004 and substituted for a verdict of unlawful killing...

A Summary of the NICE guidelines for PTSD - Dr Kathryn Newns and Dr Kathy Peace
Post-traumatic stress disorder (PTSD) can develop following a stressful event or situation of an exceptionally threatening or catastrophic nature. Evidence suggests that around 25–30% of people experiencing a traumatic event may go on to develop PTSD...

Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd

Getting your Opponent to Mediate - Philip Hesketh, Hesketh Mediation
I have been asked by frustrated mediation clients what they can do when an opponent refuses to agree to mediate or, as frequently happens, rudely ignores the invitation. My answer depends on whether or not proceedings have been issued...

Marketing for Solicitors

Marketing Your Practice Part 7: Increasing Interest & Action, Events & Seminars - Jenny Cotton, Mortons Marketing
The last article showed how PR is the quickest and most flexible marketing support available. Creating PR content through organising relevant events and seminars is a proven success. What suits your current aims? contacts? and budget? Does your practice offer in house events? or source external suppliers? Why does your practice needs events at all? Who do you wish to contact? Why?

Book Reviews

Compensation for Stress at Work by David Marshall
Reviewed by Aidan Ellis, 1 Temple Gardens

Charon QC

Charon QC, May 2009
The jury is out on the jury