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May 2011 Summary


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


Editorial: On Parliament and Premiership Footballers

Personal Injury Articles

Councils on a collision path with the Courts? - Helen Tinkler, BPP & Central Law Training
Does Lambeth Council’s recent announcement of a change to its highway inspection and maintenance regime put it on a collision path with the courts? Wilkinson v City of York Council and ss.41 and 58 Highways Act considered - deviation from the national code of practice for the maintenance of highways because of budgetary considerations may come at an increased cost in litigation caused by an authority’s failure to maintain the highway.

The assumption of responsibility in holiday cases - Sarah Prager, 1 Chancery Lane
The extent of the tortious duty to holidaymakers in the aftermath of Parker v TUI [2009] EWCA Civ 1261

Credit Hire Articles

The ups and downs of a premier league footballer - Jason Prosser, Credit Hire Advocacy Services
At this time of the year one might think that an article with such a title would be concerned with issues of promotion and relegation:: not so, this article is concerned with the various movement between lower and higher courts of a certain Darren Bent but I stress at the outset that this has absolutely nothing to do with super injunctions, rather the more mundane issues of credit hire.

Medico-Legal Articles, Edited by Dr Hugh Koch

Anxiety and PTSD in Cardiac patients - Dr Hugh Koch & Dr Alice Knight
Copland, Joekes and Ayers (2011) recently described how approximately 50% of cardiac patients may have symptoms of anxiety, half of whom will have clinically significant anxiety disorders. This level of anxiety can affect the development of heart disease, its course and possible rehabilitation.

Jones v. Kaney [2001] UKSC 13 Another perspective, this time from a medical standpoint - Dr EM Holmshaw & J Wilson Carswell, Moving Minds
Jones v Kaney has been an important case in defining the liability of an expert witness. However the case raises two important medical issues, which were not specifically addressed in this case. These concern the diagnosis of PTSD and allied conditions and secondly the role of appropriate treatment in assessing the quantum of damages.

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

Personal injury mediation: practical tips and traps - Tim Wallis, Trust Mediation Ltd
The fact that over 90% of personal injury claims that are mediated result in a settlement on the day, or shortly afterwards, proves Sir Rupert Jackson’s point that mediation works well for this type of claim. I work with practitioners during the regular conduct of mediations in this field and it is not entirely surprising that problems inevitably occur in practice. Also, some practitioners do particularly well for their clients. This article is a miscellaneous series of observations, tips and traps arising from such work.

Marketing for Solicitors

Competition Theory and Practice: How Michael Porter can Help Your Practice - Jenny Cotton, Mortons Marketing
What are you known for? How is your practice recognised? This becomes all the more essential as new entrants to the legal services market cease to be mere rumours and become strong forces for change. Did you read the Financial Times 28 March, Co-op to offer legal services as Big Bang nears? What plans has your practice for the arrival of the Co-op and the rumours of the AA, Saga and others? This FT article notes Tesco has expressed little interest despite their heading the page "Tesco Law".

Charon QC

Charon QC, May 2011
Injunction publicity backfires on celebrity law firm