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March 2011 Summary


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


Editorial: Reducing the Cost of Motor Insurance

Personal Injury Articles

Ricky Edwards-Tubb v. JD Wetherspoon PLC [2011] EWCA Civ 136, The Demise of Legal Professional Privilege or an End to Expert Shopping? - Daniel Tobin, 12 King’s Bench Walk
This appeal raised the following question: if the claimant has obtained a medical report from expert A, but chooses not to rely on it, and the permission he seeks is to rely on the evidence of expert B in the same field, ought he to be put on terms that before he can rely on expert B, he must disclose what expert A has said?

The Recoverabiliy of Counsel’s Fees for Infant Approval Hearings - Jennifer Lee, Pump Court Chambers
This article explores a developing trend, triggered in part by the decision in Miles v London Road Veterinary Clinic (2007) and Singh v Adams (2009), in which an increasing number of claimants have encountered difficulties in recovering counsels’ fees for attending infant approval hearings. These authorities mark a gradual shift to a more contextualised approach to the recoverability of counsels’ attendance fees, which undermines the whole purpose of the fixed costs regime.

Pre-Trial Pixels: Timing the Service of Video Evidence - Oliver Rudd, 12 King’s Bench Walk
This article reviews the disclosure of video evidence obtained by Defendants in light of the recent decision in the case of Tavenor Joe Douglas (A Protected Party By his Litigation Friend William Robertson) v Mathew James O’Neill [2011] EWHC 601 (QB).

Credit Hire Articles

Copley Revisited: Sayce v TNT, Cambridge County Court 25 January 2011 - Jason Prosser, Credit Hire Advocacy Services
Some five or more years ago, in an effort to avoid having to meet credit hire charges, third parties and their insurers began to instigate a new tactic, namely to contact the victim of an accident and to offer to provide a replacement vehicle free of charge. This tactic became known as intervention...

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

Eldridge: The End of Cryptosporidium Trials? - Simon Davenport QC, 3 Hare Court
In the Case of Eldridge and 55 Others v TUI UK Ltd, 2010, HHJ Worster (sitting in Birmingham County Court) deliberated upon a two week trial and found that TUI were liable under the Package Travel, Package Holidays and Package Tours Regulations 1992 for a number of personal injury claims where tourists contracted Cryptosporidium (Crypto) from a single hotel.

Medico-Legal Articles, Edited by Dr Hugh Koch

Learned Helplessness and Depression: The Role of Attribution and Perceived Control in Post Accident Mental Health Issues - Dr Karen Addy. Clinical Psychologist
The concept of learned helplessness was initially developed by Seligman through a series of experiments completed in the 1960-1970’s. Seligman’s research involved dogs being exposed to electric shocks with differing degrees of ability to control and escape the shocks...

Marketing for Solicitors

How can Brand Updating be Implemented? - Jenny Cotton, Mortons Marketing
A Rose by any other name? Key questions include - What is your practice known for now? By whom? What do we want to be known for in the future? By whom? Its common sense but is this knowledge in place? Branding, as typically defined, offers the potential to create a unique identity which distinguishes your practice from others - but how? How are your services unique?

Charon QC

Charon QC, March 2011
No bar to the Bar.