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30 November 2009 Summary


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



Personal Injury Articles

Agency Arguments in Credit Hire: Recent Northern Irish Case - Aidan Ellis, 1 Temple Gardens
Agency arguments in credit hire cases remain largely unexplored. This article suggests that both Claimants and Defendants may now have to be prepared to grapple with them directly, as a result of the recent appeal decision in Salt v Helley 2009 NIQB 69. In that case a claim for credit hire charges was dismissed in its entirety because the credit hire company was found to have a conflict of interest, which breached its agency relationship with the Claimant.

An Update on Experts and Assessors - Amy Berry, Pump Court Chambers
The 1st of October 2009 has been and gone but how many of us know that Part 35, practice direction 35 and the protocol for the instruction of experts to give evidence in civil claims have been changed by the 50th update to the CPR as set out in The Civil Procedure (Amendment) Rules 2009 [SI 2092/2009]?

The applicable law in direct claims against insurers: the decision of the Court of Appeal in Maher v Groupama Grand Est [2009] EWCA Civ 1191 - Sarah Prager, 1 Chancery Lane
Regular readers may recall that on 23rd January 2009 Mr Justice Blair gave judgment in Maher v Groupama Grand Est [2009] EWHC 38 (QB), the first of a number of cases proceeding in the High Court in which the central issue related to the applicable law in direct claims against road traffic insurers. Blair J decided two issues: the law governing (1) the assessment of damages, and (2) pre-judgment interest on those damages. The decision was appealed, and on 12th November 2009 Lords Justice Mummery, Moore-Bick and Etherton handed down judgment in the case.

Medico-Legal Articles, Edited by Dr Hugh Koch

Safety ‘Net’ for emotional problems - Dr Hugh Koch
A study of approximately 300 patients with depression from Bristol, London and Warwick were either given online cognitive behaviour therapy or customary GP support sessions. Positive outcomes were found...

Relieving Stress in Bristol: Drinking versus Stress Management - Dr Hugh Koch
A recent survey indicated that 50% of Bristolians say they drink alcohol after work to relieve stress and cited work stress as a key cause of their drinking. Drinking, according to the Government’s ‘Know your Limits’ campaign also arises from social pressure to drink with work colleagues.

Travel Anxiety: From Charles Dickens to the current day - Dr Manda Holmshaw, Moving Minds
Evidence based research outcomes show psychological treatments such as Cognitive Behavioural Therapy (CBT) or Eye Movement Desensitisation and Reprocessing (EMDR) to be highly successful in treating travel anxiety and phobias.

Coronial Law Articles, Edited by Bridget Dolan, 3 Serjeants’ Inn

Should a Licence be Granted for the Exhumation of a Body in the Face of a Family’s Objection? - Susanna Rickard, Pupil Barrister, 3 Serjeants’ Inn
R (HM Coroner for the Eastern District of London) V. Secretary of State for Justice and Interested Parties (1) Susan Sutovic (2) Velisa Sutovic and (3) Marko Sutovic. [2009] EWHC 1974 (Admin)

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

Does Mediation have a place in personal injury claims where fraud is alleged? - Martin Cockx, Amelans Solicitors
Fraud, let’s call it the F word, is on the increase so we are told and certain well known Defendant firms have whole departments dedicated to the detection, eradication and prosecution of fraudsters...

Marketing for Solicitors

Marketing Your Practice Part 11: Seasonal Celebrations, Opportunity or Threat- Jenny Cotton, Mortons Marketing
We have all read spoof risk assessments and many may well recall one for the office Christmas tree. The office party at any season raises other questions and potentially greater opportunities and threats...

Charon QC

Charon QC, November 2009
Nemo iudex in causa sua: Do me a por favor!