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30 November 2010 Summary


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


Editorial: Common Safety - Common Sense?

Personal Injury Articles

Bankruptcy and Personal Injury Claims - Brent McDonald, Old Square Chambers
This article considers the effect of bankruptcy on personal injury claims, and the potential pitfalls which exist. It outlines the effect of cases such as Ord v. Upton [2000] Ch 352, Khan v. Trident Safeguards Ltd [2004] EWCA Civ 624 and Pickthall v. Hill Dickinson LLP and Ors [2009] EWCA Civ 54 and examines in what circumstances a claim can be brought by a person who has been made bankrupt. In a postscript to the article, the decision in Atkas v Adepta (a charity) [2010] EWCA Civ 1170 on second actions is reviewed.

Harvey v Plymouth City Council [2010] EWCA Civ 860 - John Chapman, 3 Pump Court
The recent decision of the Court of Appeal in Harvey v Plymouth City Council [2010] EWCA Civ 860 appears to have clarified the law somewhat to show that the courts may be hesitant in finding defendant landowners liable for any accident that occurs on their property.

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

Who Pays for the Delays? - Tom Poole, 3 Hare Court
On 19 November 2009, the European Court of Justice (ECJ) ruled in the joined cases Sturgeon v Condor Flugdienst GmbH (C-402/07) and Böck and Others v Air France SA (C-432/07) that European passengers whose flights are delayed may be entitled to compensation...

Medico-Legal Articles, Edited by Dr Hugh Koch

Post Concussion Syndrome in Children - Dr Kathryn Peace
Mild traumatic brain injury (MTBI) is a fairly common occurrence in children who have been involved in road traffic accidents particularly when a pedestrian. Many will go on to develop post-concussive syndrome (PCS)...

Coronial Law Articles, Edited by Bridget Dolan, 3 Serjeants’ Inn

Whilst a Coroner’s powers as to the scope of investigation during a non-article 2 inquest were wide, they were not unlimited - Briony Ballard, 3 Serjeants’ Inn
R (on the application of Butler and another) v HM Coroner for the Black County District [2010] EWHC 43 (Admin) 21 January 2010

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

Supershield: A Super Settlement Weapon? - Tim Wallis, Trust Mediation Ltd
The "accident" in the Supershield case resulted in a flood rather than a personal injury but the case is of interest to personal injury practitioners. Indeed, this authority might be very useful indeed to a personal injury claimant in one particular situation: where a claimant wants to make progress with settlement discussions which are stifled because there are several defendants, and one of them is blocking settlement by taking a reasonable position.

Marketing for Solicitors

Forecasting Trends: 2010 Reviewed - Jenny Cotton, Mortons Marketing
It may seem early to assess trends forecast earlier this year but most can agree whatever 2010 has been, is now and will be known for it is a year of changes. Changes mean winners and losers from the status quo. Market audit techniques are the means to track and quantify change. Change means opportunity and well as threat. How can you, your practice and clients benefit?

Charon QC

Charon QC, November 2010
In the finest tradition of English Gilbert & Sullivan comic opera...