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31 May 2010 Summary


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


Editorial: Constitutional Conventions

Personal Injury Articles

Assessing an Award by the Criminal Injuries Compensation Authority: A Cautionary Tale - Professor Mark Hill QC, Pump Court Chambers
Despite the coming into force of the 2008 Scheme, hundreds of claims are yet to be determined under the Criminal Injuries Compensation Scheme 2008. One such is the case of D, struck over the head by a metal bar...

Where public and private law duties meet: a note on Connor v Surrey County Council [2010] EWCA Civ 286 - Sarah Fraser Butlin, Cloisters
In this case the Court of Appeal were asked to address difficult questions on the boundary between public law functions and private law actions. Though the factual matrix was complex, at its heart was the issue of whether the actions of a Local Education Authority, where their power lay in statute, were justiciable as particulars of negligence.

Constructive Knowledge and Limitation: London Strategic Health Authority v Whiston [2010] EWCA Civ 195 - Rosa Dickinson, St Philip’s Chambers
The Court of Appeal has clarified the position in respect of when a claimant will be held to have constructive knowledge of the relevant facts under section 14(3) of the Limitation Act 1980. In this case, the court attributed constructive knowledge to the claimant, but allowed the claim to proceed under section 33.

Public funding for representation at inquests: Equality of arms? - Azmina Gulamhusein, LexisNexis
This article discusses the general problems with obtaining public funding at inquests, the specific guidelines on funding set out in the recent case of R (on the application of Humberstone) v Legal Services Commission [2010] EWHC 760 (Admin) and the future reforms to be introduced by the Coroners and Justice Act 2009.

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

The Temporal Scope of Rome II: Latest Developments - Daniel Clarke, 3 Hare Court
Regulation (EC) 864/2007, or ‘Rome II’, the EU regulation which governs the law applicable to non-contractual obligations, has been around for some time. One would not have expected its date of effective entry into force to be a matter of controversy. However, as many practitioners will be aware, it is.

Medico-Legal Articles, Edited by Dr Hugh Koch

Do siblings react differently to trauma? - Kevin Yates & Alice Knight
Review of publication: Post-traumatic stress reactions in siblings after mutual disaster: Relevance of family factors, Nygaard E, Jensen TK, Dyb G, Journal of Traumatic Stress 2010, 23 (2): 278 – 281

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

M is for….. Mediation - Lea Brocklebank, Bond Pearce LLP
Essentially, all you need to take a case to a mediation are good case skills, good negotiating skills and a basic understanding of what is involved in a mediation. So what follows is my A- Z guide.

Charon QC

Charon QC, May 2010
We want laws not law!