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30 September 2010 Summary


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


Editorial: Sport Scandals

Personal Injury Articles

Recovery of behalf of Hospices for Gratuitous Services - William Latimer-Sayer, Cloisters
In the case of Drake v Foster Wheeler Ltd [2010] EWHC 2004 (QB) HHJ Thornton QC, sitting as a deputy judge of the High Court, considered the recoverability of a novel claim for gratuitous care in respect of care provided by St Joseph’s Hospice.

Limitation in Child Abuse Cases Since A v Hoare - Elizabeth-Anne Gumbel QC, 1 Crown Office Row
Since the A v Hoare cases there have been a series of cases clarifying how the Court should now apply the limitation provisions of the Limitation Act 1980 in child abuse claims.

Clark v Maltby – a reminder about pleading fraud - Lisa Sullivan, Cloisters
It is a well-known rule of conduct and pleading that if an allegation of fraud (and by fraud I mean any allegation of dishonesty) is being made, it must be pleaded. Additionally, in order to be able to plead such an allegation there must be reasonably credible material upon which such an allegation can be based. If there is no such evidence it should neither be pleaded nor put to a witness in any document or in court. Where does that leave allegations of malingering in personal injury cases? A recent example of how it should not be dealt with occurred in Clarke v Maltby [2010] EWHC 1201 (QB) and [2010] EWHC 1856 (QB).

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

Failing Tour Operators - Andrew Young, 3 Hare Court
The financial collapse of Kiss Flights on 17th August 2010 revived memories of the series of high profile business failures in the British travel industry in the latter part of 2008 and prompted customers to ask how many more travel companies are likely to cease trading this year and what protection is available to the customer if the worst does happen.

Medico-Legal Articles, Edited by Dr Hugh Koch

Producing a high quality joint opinion; What do the experts think? - Dr Hugh Koch
The aim of joint opinion is to help the court clarify two experts opinion in terms of level of agreement and disagreement...

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

Pick up the phone to improve your cashflow - Philip Hesketh, Hesketh Mediation Services
Many mediators now offer telephone mediation as an effective method of dispute resolution. It provides many benefits, improved cashflow being the one probably closest to the heart of most personal injury department managing partners.

Marketing for Solicitors

Social Media, Winners & Losers: Advertising & Budgeting - Jenny Cotton, Mortons Marketing
Some believe advertising and budgeting are not linked- typically they do not work in advertising or marketing. Advertising is like any other investment, funds are committed to create a positive return. Advertising funds need to be targeted to the agreed strategy and tactics ie be job specific and routinely monitored throughout for value effectiveness. Are there winners and losers? Yes, those who regard advertising as an optional extra miss out to those who plan ahead. How should your practice advertising be budgeted?

Charon QC

Charon QC, September 2010
Party is over