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31 March 2010 Summary


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



Personal Injury Articles

The new road traffic accident (RTA) low value claims process - Amy Berry, Pump Court Chambers
Currently the Civil Procedure Rules, Practice Directions and consequential amendments are in draft form only. The Civil Procedure Rule Committee has approved the draft documents and we are waiting for the necessary statutory instrument...

Owens v Noble: ATE Surveillance - Lisa Sullivan, Cloisters
A claimant injured in a road traffic accident receives £3.4 million at trial based on injuries which left his mobility severely restricted – he was dependent on crutches and a wheelchair. Liability was never in dispute.

Michael Henry v. Thames Valley Police [2010] EWCA Civ. 5 - Daniel Tobin, 12 King’s Bench Walk
In the early hours of 22 August 2004 two experienced traffic officers in the Defendant’s employ, PC Griffiths and PC Brandish, observed the Claimant riding his motorcycle in a manner which they considered dangerous. They followed him. It seems probable that the Claimant was aware that he was being followed by the police and he rode at speeds of up to 95mph...

Personal Injury firms under pressure to ring the changes - Rasik Kotecha, CallCare
Much of the debate around the Legal Services Act (LSA), which comes into full effect next year, has centred on the arrival of non-law firms into the market – with "Tesco-law" becoming the bogeyman to scare firms into in the 21st century...

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

Suing a foreign insurer: the effect of Vorarlberger and beyond - Clara Johnson, 3 Hare Court
It has become significantly easier in recent years for a victim of a road traffic accident to pursue a claim against a foreign driver or his insurers. The Judgments Regulation (EC Regulation 44/2001) makes an exception to the general principle that a defendant is to be sued in the courts of his or her Member State where the claim relates to insurance.

Medico-Legal Articles, Edited by Dr Hugh Koch

The New Ministry of Justice Rules and Psychological Rehabilitation - Dr Wilson Carswell, Moving Minds
New Ministry of Justice rules on Low Value Personal Injury Claims in Road Traffic Accidents in England and Wales are due to come into place in April 2010. Although there are still contentious areas around fees and timetables, the rules provide a number of challenges and opportunities for personal injury lawyers and their colleagues. Nowhere is this more important than in the area of rehabilitation, long considered an orphan child in the claims process.

I want my mummy: A Discussion of Separation Anxiety Following a Road Traffic - Kim Whitaker, Kathryn Newns and Chrissie Tizzard
Children involved in road traffic accidents (RTAs) are prone to developing psychological or psychiatric disorders. Stallard (1998) found that a third of children involved in RTAs developed post traumatic stress disorder. However, the literature on children remains relatively sparse and the main research in this area focuses on Post Traumatic Stress Disorder, as opposed to other types of anxiety or depressive disorder.

Marketing for Solicitors

Marketing Your Practice Part 14: Ethical Marketing for Practices Why? What? When? - Jenny Cotton, Mortons Marketing
We consider the ethical issues practice marketeers must address and the self regulatory requirements of the ASA, the Advertising Standards Authority Codes of Practice, for which new updates have just been announced.

Book Reviews

Coroners: A Guide to the New Law, by David Urpeth
Reviewed by Aidan Ellis, Temple Garden Chambers

Charon QC

Charon QC, March 2010
High cost of protection is eroding legal bastion