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February 2011 Summary


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


Editorial: Risk and Social Benefit

Personal Injury Articles

Risk assessments: do they really matter? - Sarah Fraser Butlin, Cloisters
How important are risk assessments really? What evidential value do they have? And what weight should be put on them? Are they the golden bullet for every case? 1.The Court of Appeal have now provided helpful guidance on this point emphasising their importance in Uren v (1) Corporate Leisure (UK) Ltd and (2) Ministry of Defence [2011] EWCA Civ 66.

I hear you loud and clear: Dewsbury v Love [2010] EWHC 3452 (QB) - William Latimer-Sayer, Cloisters
The case of Dewsbury v Love [2010] EWHC 3452 (QB) has been widely reported in relation to the decision of HHJ O’Brien QC, sitting as a deputy judge of the High Court, refusing an adjournment pending the Lord Chancellor’s review of the discount rate. However, the fact that the case was not adjourned meant that the judge went on to assess quantum of damages in a significant brain injury case. The judgment contains a few potentially useful points for practitioners.

Green v Sunset & Vine Productions Limited & Others [2010] EWCA Civ 14414 - David Thomas, 2 Temple Gardens
This article reviews the Court of Appeal’s decision in Green v Sunset & Vine Productions Limited & Others. Two aspects of the case are focussed upon: (1) the decision on causation and (2) the treatment of expert evidence.

The MoJ portal: progress to date - Nigel Teasdale, Kerris Dale, Huw Edwards & Peter Allchorne, FOIL
2010 was a year of radical change for road traffic personal injury practitioners, both lawyers and insurers alike...

Health & Safety Articles

Should we warn against night shifts to prevent breast cancer? - Dr Andrew Auty, Re: Liability
The following extract is taken from the Radar database. It provides some reassurance that the proposed link between shift work and breast cancer is overstated.

Medico-Legal Articles, Edited by Dr Hugh Koch

Abstract Symptoms in Traumatised Children - David Bird & Louise Payne, Hugh Koch Associates
Psychologists working as assessors dealing with victims of trauma can be confronted by a range of symptoms, some of which may be closely associated with the trauma. These would include victims of road traffic accidents who subsequently experience travel anxiety.

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

Personal Injury: Mediation and ADR in other jurisdictions; what’s going on? A Hong Kong, Brussels, and Dublin Tour - Tim Wallis, Trust Mediation Ltd
Mediation has made little significant impact in the personal injury sphere in England and Wales. In considering whether this state of affairs will continue it is interesting to look at civil procedure and mediation in relation to pi elsewhere in the world. There have been interesting developments in three locations.

Marketing for Solicitors

Brand Longevity or Refreshing Update? - Jenny Cotton, Mortons Marketing
Do legal practices have brands? Does it matter either way in times of rapid change? ICI, Imperial Chemical Industries, BP Beyond Petroleum, Gap, Starbucks – with and without coffee, each brand owner made changes to reflect new times and new strategies. How often has the Shell logo been updated visually? Is there a lesson for your practice? Revolution or Evolution? Which works in your case? Many practices have grown by aggregation and merger. Should all the founding partners be listed? Or those still within the practice? Is it just advertising agencies which list a cast of founders?

Charon QC

Charon QC, February 2011
Dr Erasmus Strangelove reveals… his plan for domination of the legal market.