PI Brief Update

29 June 2010 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

Life Expectancy: relevance of "lifestyle factors" - William Latimer-Sayer, Cloisters
In the case of Edwards v Martin [2010] EWHC 750 (QB) the Claimant suffered a brain injury. The parties’ neurologists agreed that there was no reduction in life expectancy due to the Claimant’s head injury. However, the Defendant adduced the evidence of Dr Bryan Walker, a physician, to suggest that the Claimant’s life expectancy should be reduced because he was a smoker and that he had some recurring episodes of depression.

The Applicable Law in Cross-Border Torts: The Implementation of Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) - Sarah Prager, 1 Chancery Lane
Practitioners remain unsure as to the date of implementation of Rome II. In this article Sarah Prager examines how the court of first instance approached the issues in a recent case, Bonsall v Cattolica Assicurazioni, unreported, 13th January 2010.

O’Byrne v Aventis Pasteur SA [2010 UKSC 23] - Hugh Preston, 7 Bedford Row
The Supreme Court has given judgment in O’Byrne v Aventis Pasteur SA [2010 UKSC 23], a case involving a number of issues arising under the Consumer Protection Act 1987 (EC Product Liability Directive).

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

Damages for non-pecuniary loss under the Montral Convention: the decision of the ECJ in Walz v Clickair - Howard Stevens, 3 Hare Court
In Walz v Clickair SA (Case C-63/09) the ECJ ruled on the recoverability of non-material damage under the Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999 (‘the Montreal Convention’).

Health & Safety Articles

Health & Safety Update - Heather Platt, Pump Court Chambers
The Sentencing Guidelines Council (SGC) has recently published a definitive sentencing guideline for organisations (not individuals) convicted under the Corporate Manslaughter and Corporate Homicide Act 2007 and for health and safety offences which cause death. The guidelines came into effect on 15 February 2010 and will be applied to any case coming before the Courts after that date, even if the actual incident took place before 15.02.2010.

Medico-Legal Articles, Edited by Dr Hugh Koch

Is this claimant ready for therapy? - Dr Hugh Koch and Dr Alice Knight
Review of paper in Behavioural and Cognitive Psychotherapy 2010, 38, 303-317. Assessing therapy: relevant cognitive capacities, Sauter et al.

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

Is it negligent not to advise about mediation? A note to the firm’s risk partner - Tim Wallis
Until recent times the personal injury sector has been almost a mediation-free zone, with little attention being paid to ADR by practitioners or the court. This article considers the risks of practitioners continuing to take that approach.

Charon QC

Charon QC, June 2010
UK bill of rights plan a ‘bad idea’, warns head of European court