PI Brief Update

August 2011 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

Personal Responsibility: A New Era? - Helen Tinkler, BPP & Central Law Training
With recent headlines heralding the cracking down on "rights without responsibilities" and the media frequently decrying a "compensation culture gone mad", you would be mistaken to think that such a culture is being encouraged by the civil courts’ approach in matters of occupiers’ liability. Defendants have certainly had a run of successes before the courts recently but they simply extend a long line of successes. Do these triumphs only make the headlines because they seem so out of kilter with the health and safety obsessions of common lore rather than because they are unusual applications of common (and statutory) law?

Mr Sewell and the Local Amenity that Wasn’t: a Viennese Whirl - Sarah Prager, 1 Chancery Lane
In the recent case of Sewell v Saga Holidays, unreported, 24th August 2011 Saga Holidays’ standard terms and conditions were put to the test - and found wanting, both at first instance and on appeal. All tour operators would do well to heed the cautionary tale of how Mr Sewell, a feisty 71 year old gentleman at the time of the holiday that gave rise to the claim, took on the tour operator, and won.

How to Value Loss of Use of a Vehicle - Nigel Edwards, Exchange Chambers
Whilst it is appreciated that most motorists, having been involved in a road traffic accident tend to hire a replacement, there are a significant minority who do not. The common approach applied by most Courts and Lawyers is to allow a loss of use claim at £10 per day and one can see this in Cabrini Deighan -v- Armstrong and other (2001) when the Court used this rate but there appears little direct relevant authority as to why this rate should be applied.

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

The development of the duty of care owed by a tour operator to a holidaymaker - Clara Johnson, 3 Hare Court
It has hitherto been beyond doubt that should a holidaymaker sustain injuries during the course of a package holiday caused by a breach of duty by the tour operator or local supplier, he or she only has a cause of action pursuant to the Package Travel Regulations - which in essence, is a statutory claim for breach of contract. The holidaymaker does not have a separate and additional cause of action in tort. However, in two recent cases there appears to have been a slight shift in this analysis such that the ground may be opening up for holidaymakers to bring claims against a travel agent or tour operator in tort.

Medico-Legal Articles, Edited by Dr Hugh Koch

Psychological Treatment Issues during Compensation Claims: Secondary Gain or Cry for Help? - Dr Karen Addy and Dr Kathryn Peace
A proportion of people who have been involved in an accident or traumatic incident develop psychological symptoms or disorder. The most commonly occurring of these disorders includes Adjustment Disorder, Phobias, Depression and Post Traumatic Stress Disorder. In addition some individuals will develop physical symptoms or an exacerbation of their post-incident physical symptoms as a manifestation of their psychological distress...

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

Negotiation v Mediation and "Mediation Advocacy" - Tim Wallis, Trust Mediation Ltd
Negotiation skills, personal injury mediation and mediation advocacy are the subject of this article. Personal injury work used to be a “no-go” area for mediation but now this is changing it may be helpful to take a look at the role of the lawyer as negotiator, what it means to be a mediation advocate and the skill set required.

Charon QC

Charon QC, August 2011
Does Scotland’s university fees system breach human rights laws?