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31 August 2010 Summary


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


Editorial: Closing County Courts

Personal Injury Articles

ROME II: the saga continues - Katherine Deal
Although apparently a point which seems to have gone either unnoticed or undisputed in the Courts of other Member States, the uncertainty in England and Wales regarding the temporal scope 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’, rumbles on.

Shift Work and Disease - Dr Andrew Auty, Re: Liability (Oxford) Ltd
The following briefing to insurers concerns shift work and its proposed links with disease.

Personal injury as a result of clinical or medical negligence - Dr Manda Holmshaw, Moving Minds
Patients of all ages and receiving any kind of treatment can be victims of clinical negligence which can result in permanent physical damage, impaired physical function and even death, causing endless pain and distress to their loved ones. What is not always prominent to legal and physical medical assessors is that the physical trauma may also generate serious psychological conditions and/or significantly exacerbate pre-existing ones.

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

How much is a ruined holiday really worth? - Sarah Crowther, 3 Hare Court
In Milner v Carnival Plc [2010] EWCA Civ 389 the Court of Appeal took the opportunity to restate and clarify the law in respect of damages for breach of contract in holiday and travel cases.

Medico-Legal Articles, Edited by Dr Hugh Koch

A comparison of DSM IV and ICD 10 diagnosis for Post Traumatic Stress Disorder - Dr Kim Whitaker
Post Traumatic Stress Disorder was first included in DSM in 1980 and since then it has generated a great deal of research interest. It is classified as an anxiety disorder, yet is different to the other anxiety disorders in that its onset can be related to a very specific trauma and therefore a specific date in time.

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

Preparing for a Mediation: The Basics - Tim Wallis, Trust Mediation Ltd
This article will take a look through the basics by going through the standard guidance on mediation preparation from one of the mediation organisations I work with, Trust Mediation, and then commenting on same in the light of my experience as a professional mediator.

Book Reviews

APIL Guide to Catastrophic Injury Claims by Grahame Aldous QC, Peter Andrews QC, Stuart McKechnie and Terry Lee
Reviewed by Aidan Ellis, Temple Garden Chambers

Charon QC

Charon QC, August 2010
Magistrates call for courts in shopping centres