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31 January 2010 Summary


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



Personal Injury Articles

Living with Rejection: The Brave New World of Part 36 - Professor Mark Hill QC, Pump Court Chambers
The Civil Procedure Rules 1998 have undergone repeated amendment over the past ten years and practitioners have grown used to periodic changes. A subtle, though significant, alteration to the Part 36 process has not been as widely appreciated in the profession as it ought to have been. It concerns ‘life after death’ or, more prosaically, the capacity of Part 36 offers to be accepted after they have been rejected...

Jackson Review: Clinical Negligence Perspective? - Rankeshwar Batta, Anthony Collins LLP
On 15 January 2010 the final report concerning litigation costs review was published. In short, overall, it is likely that Defendants will be more content with the recommendations than Claimants.

Causation, Remoteness and Contributions: Spencer v Wincanton Holdings Ltd [2009] EWCA Civ 1404 - Shyam Kapila
The dispute in Spencer was as to what kind of act on the claimant’s part constitutes an interruption in the chain of causation. Furthermore, by what test does the court decide whether the damages are to include the aggravated element of the injury in full, in part or at all?

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

Going Off-Piste? Tour Operators’ Liability for Excursions - Sarah Crowther, 3 Hare Court
What is the extent of a tour operator’s liability when an accident occurs in the course of an excursion sold by its representatives to a customer in resort? The recent decision of the Court of Appeal in Parker v TUI [2009] EWCA Civ 1261 provides ammunition for arguments on both sides.

Medico-Legal Articles, Edited by Dr Hugh Koch

Can you Tell I’m Honest? - Tom Hughes and Hugh Koch
Research conducted by Finch & Fafinski (2009) has concluded that there are significant variations in how people define dishonest behaviour, and that this can impact on the findings of jurors when assessing the merits of criminal cases.

Detecting Malingered Memory Problems - Hugh Koch and Chrissie Tizzard
Review of article by oorsou W K and Merckelbach H, Legal and Criminological Psychology 15, 1, Feb 2010.

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

A New Year Resolution - Judith Kelbie, Trust Mediation Ltd
It was a steel grey winter’s day in the first week of the new decade. The South Yorkshire city reflected the weather - cold and blustery...

Marketing for Solicitors

Marketing Your Practice Part 13: Ethical Marketing for Practices Why? What? When? - Jenny Cotton, Mortons Marketing
Ethics have always been important and are now very topical. Perhaps after New Year’s resolutions and 2009 revelations a formal check is in order? Parts 13 and 14 content are linked. We start considering afresh what ethical influences apply to our practice and how marketers can help their colleagues? What ethics do others believe we should have? Do we agree? In Part 14 we consider the ethical issues practice marketeers must address the self regulatory requirements of the ASA, the Advertising Standards Authority Codes of Practice.

Charon QC

Charon QC, January 2010
Judges throw out measures to freeze assets of terror suspects.