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30 October 2009 Summary


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



Personal Injury Articles

A Claimant is not entitled to the world: time for greater realism? - Sarah Fraser Butlin, Cloisters
The Claimant in Pankhurst v White [2009] EWHC 1117 was injured in a road traffic accident and suffered catastrophic spinal injuries, rendering him C4 tetraplegic. The Claimant claimed in the region of £4,000,000. The parties had agreed most heads of damage, including the care claim. A total of £571,631 had been agreed for past losses, £780,000 for future loss and £260,000 periodical payments.

Direct Line - Alejandra Hormaeche, Tanfield Chambers
The jurisdiction of the English courts to deal with claims involving English tourists injured in EU member states has been firmly established, but practitioners must ensure a direct claim against the insurer is possible.

Graham Hopps v. Mott MacDonald Limited & Ministry of Defence [2009] EWHC 1881 (QB) - Daniel Tobin, 12 King’s Bench Walk
The Claimant was a consultant electrical engineer. In September 2003 he contracted with the First Defendant (MM) to assist it in its reconstruction works in Basra, Southern Iraq. MM accepted that it was C’s employer. MM had a contract with the Department of International Development (‘DFID’) whereby it provided services in many countries, including Iraq. The contract governing C’s employment in Iraq stipulated that the military would provide protection for MM’s employees and personnel.

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

Costs Capping: The Future - Simon Davenport QC, 3 Hare Court
After a decade of use, Costs Capping appears to be at a cross-roads following the publication of Lord Justice Jackson’s preliminary report on costs (8th May 2009). This article concentrates on cost capping in group litigation in the context of personal injury litigation.

Medico-Legal Articles, Edited by Dr Hugh Koch

London Tops Europe’s Stress Table (according to Easy Jet!) - Dr Hugh Koch
A recent survey, commissioned by Easy Jet, indicates that London is the most stressed of the Major European Capital cities – this is the view of 1000 UK residents who preferred Helsinki for calmness (due to its ‘sauna culture’).

Stress Levels of UK Workers - Dr Hugh Koch
Following the publication of an article ‘How to combat stress legally’ in APIL earlier this year (February 2009), a recent online survey by SkillSoft UK in November, 2008, involved 3000 respondents from small and large organisations

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

Mediation in PI Cases: A Mini-Manual and Costs Guide - Tim Wallis, Trust Mediation Ltd
Questions that are often asked about the costs of mediation include: How much does it cost? Who pays? Can claimants really get damages paid with costs? What are the costs traps? Is the there still a real prospect of costs sanctions?

Marketing for Solicitors

Marketing Your Practice Part 10: Recession Responses, Clients and Consumers: Keep Calm and Carry On.... - Jenny Cotton, Mortons Marketing
Recent articles have changed from doom and gloom to green shoots but will those thrive or wither? Does this matter to your practice? Consumer confidence surveys are published regularly but do you have time and access to keep up to date? Read this summary and feel better. Winston Churchill is claimed to have noted that success is rarely final, failure is rarely fatal and what counts is continuity.....

Charon QC

Charon QC, October 2009