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30 September 2009 Summary


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



Personal Injury Articles

Interim Payments Post Eeles: A Way Forward? - William Latimer-Sayer, Cloisters
The Court of Appeal’s decision in Eeles v Cobham Hire Services Ltd [2009] EWCA Civ 204 has made it much for difficult for claimant representatives to advise upon the prospects of recovering significant interim payments in catastrophic injury cases.

Lucky to Have a Job? Stress at Work Update - Heather Platt, Pump Court Chambers
The difficult economic climate and increasing levels of unemployment during the recession seems to be coinciding with a marked escalation in work-related stress. Employers need to be alert to the risk to their employees’ mental health, particularly during redundancy procedures and at times of uncertainty and insecurity: which are known to be more dangerous to workers’ mental health than actual job losses.

Withdrawing Admissions - Professor Mark Hill QC, Pump Court Chambers
‘An Englishman’s word is his bond’: still more so when he or she is a solicitor and an officer of the court. So surely when solicitors make admissions they should be held to them? As ever, with the pragmatism of the Civil Procedure Rules, the answer is ‘it depends’.

Claims Against Foreign Insurers: Yet More Issues - Katherine Deal, 3 Hare Court
It is by now well known that, in December 2007, the European Court of Justice sought to bring clarity to an issue which had for years caused problems for County Court judges up and down the country: could a foreign insurer be sued for damages directly in an English court by an English claimant injured by a foreign driver overseas...

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

Excursions: Who to Sue and Where? - Tom Poole, 3 Hare Court
Accidents, illness and injury often occur when on holiday and frequently when on an excursion on holiday. The question then often arises whether a claim can be brought against the tour operator in this country under Regulation 15(1) of the Package Travel Regulations [Etc] 1992, as opposed to having to pursue the local provider of the excursion, which would probably be in its home court and can often be difficult and costly. This article aims to give some practical pointers on how to answer the question: when is a tour operator liable for injury caused on an excursion?

Medico-Legal Articles, Edited by Dr Hugh Koch

Stigma and the Military: Evaluation of a PTSD Psychoeducational Program (Gould, Greenberg and Hetherton, 2007) - Dr Jacquie Hetherton, Dr Hugh Koch & Dr Kevin Yates
Military personnel are at significant risk of developing psychopathology: the number of Falklands veterans who committed suicide was greater than those who were killed in the war itself.

Marketing for Solicitors

Marketing Your Practice Part 9: Do We Have a Crisis? Is Swine Flu a Crisis? - Jenny Cotton, Mortons Marketing
Recent articles have shown how to promote practice strengths. What of potential weaknesses? Is Swine flu a crisis for your practice now? Will it become one? What can we do now to reduce risk in the future? Swine flu is topical and should be covered by any practice policy on crisis management. If your practice systems are flexible and a bit informal, now may be the time to act.

Charon QC

Charon QC, September 2009
Comment du Jour: A tragic suicide….