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28 August 2009 Summary


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



Personal Injury Articles

Personal responsibility and the need for consistency: a consideration of Gray v Thames Trains (2009) - Sarah Fraser Butlin, Cloisters
The House of Lords have recently considered the application of the ex turpi causa rule (Gray v Thames Trains and Others [2009] UKHL 33). The House provided a very structured analysis of the law as it stands and drew out many of the difficult implications where this doctrine applies.

Credit Hire: Claiming a Contribution from the Claimant’s Insurer - Aidan Ellis, 1 Temple Gardens
In Clark v Ardington, addressing delays in repairs in credit hire cases, the Court of Appeal dismissed the Defendants’ arguments against the Claimants on period of hire...

Not Taking Liberties? The New Deprivation of Liberty Safeguards - Rankeshwar Batta, Anthony Collins LLP
The new Deprivation of Liberty Safeguards came into effect on 1 April 2009 by virtue of the Mental Health Act 2007 amending the Mental Capacity Act 2005. It is an important piece of legislation which will affect any practitioner dealing with vulnerable adults or organisations working with vulnerable adults.

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

Package Travel Claims: When is Expert Evidence Really Needed? - Clara Johnson, 3 Hare Court
When a claimant brings a claim against a tour operator this will ordinarily be for breach of the implied term in the holiday contract to use reasonable care and skill. The tour operator is also liable for the local supplier’s breach of this duty courtesy of regulation 15 of the Package Travel Regulations 1992...

Pleading points in cruise cases: further recent developments - Sarah Prager, 1 Chancery Lane
In previous issues we have alerted readers to the perils involved in bringing claims arising out of cruise holidays. In this article Sarah Prager examines how the High Court approached the issues in a recent case, Adams v Thomson Holidays Limited, 31st July 2009.

Medico-Legal Articles, Edited by Dr Hugh Koch

Litigation Stress - Paul Elson and Hugh Koch
It is becoming recognized that involvement in the process of litigation can be stressful for some individuals, a phenomenon termed ‘litigation stress’. Researchers have identified various sources of stress...

W Primary Care Trust v TB & Ors [2009] EWHC 1737 - Odette Hutchinson, Aston University
The primary issue in this case related to TB’s clear and expressed desire to leave V, in order that she might be admitted to an NHS hospital for treatment of what she believed to be a physical, as opposed to a psychological, condition...

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

Mediation and joint settlement meetings: when does "Without Prejudice" and "confidential" mean "Well, mainly confidential"? - Tim Wallis, Trust Mediation Ltd
As everyone sits down a question is asked: "Are we all agreed that today is Without Prejudice and confidential?" The reply is a series of nods because the answer...

Charon QC

Charon QC, August 2009
The release of Al-Megrahi...