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28 February 2010 Summary


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



Personal Injury Articles

Contributory Negligence - Aidan Ellis, 1 Temple Gardens
In 1945 the Law Reform (Contributory Negligence) Act introduced the concept of reducing the Claimant’s damages in cases of contributory negligence. Ever since then, Defendants have argued the point with gusto. The result has been a glut of cases addressing these arguments on the facts, but rather less general guidance. This article aims to tease general principles from the vast body of cases.

Jackson Report: First Thoughts from a Personal Injury Perspective - Andrew Young, 3 Hare Court
The long-awaited Jackson report on funding in civil litigation has polarised opinion as to its merits. Most defendant lawyers have welcomed its recommendations as a means of remedying what is claimed to be the unfairness of the present system of conditional fee agreements, whereas many claimant lawyers have expressed concern as to the impact of the proposed changes upon the ability of claimants to conduct litigation against better funded opponents. Both the Bar Council and the Law Society have given the report a cautious welcome.

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

Sturgeon: Paying the Price of Delays - Katherine Deal, 3 Hare Court
Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights came into force from 18 February 2005. This heralded a great step forward in consumer rights for any passenger travelling on domestic and international flights leaving from any airport in the EU, plus those travelling into the EU on a European airline.

Health & Safety Articles

Fire Investigation - David Townsend, Forensic Fire Investigator and Consultant
The dynamics of fire is a complicated mixture of science and chaos. Add materials, products, control systems and human behaviour into that mix and it becomes clear that this is a subject that requires expertise. Who are those experts? How good are they? How do you know that the one you choose is the right one for your case?

Medico-Legal Articles, Edited by Dr Hugh Koch

Do you think too much about smoking? - Hugh Koch
Nikcevic and Speda (2008) investigated smokers in three groups: high-dependence, low dependency and non smokers in the UK. Whether they were lawyers or not was not mentioned!

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

Manslaughter by gross negligence: no duty to obtain medical assistance against the wishes of a competent adult - George Thomas, 3 Serjeants’ Inn
R (Jenkins) v HM Coroner for Portsmouth and South East Hampshire [2009] EWHC 3229 (Admin)

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

Muses of a (Personal Injury) Mediator - Paul Balen, Partner, Freeth Cartwright LLP
My interest in alternative resolution techniques came from a realisation that in my claimant medico-legal practice often what my clients wanted to achieve went above and beyond what any judge could order...

Charon QC

Charon QC, Feb 2010
Rant du Jour