PI Brief Update

19 April 2007 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

Valuing Past and Future Care Needs - William Latimer-Sayer, Cloisters
This article reviews some points which arose in the case of Massey v Tameside & Glossop Acute Services NHS Trust, a judgment of Teare J handed down on 23 February 2007 after 7 days of oral evidence.

Interim Payments and Accommodation Claims - William Hoskins, 1 Temple Gardens
In cases of very serious personal injury a claim for the costs of suitable accommodation is likely to form a prominent component of the Claimant’s Schedule of Loss. Although the Claimant will not be entitled to recover the full capital cost of such accommodation (Roberts -v- Johnstone [1989] QB 878), he or his family may...

Arnup & Arnup V Mw White Ltd [2007] Ewhc 601: Section 4 of the Fatal Accidents Act 1976 and the Benevolence and Insurance Exception - Christopher Wilson-Smith QC, Outer Temple Chambers & Eliot Woolf, Outer Temple Chambers
In this case, Section 4 of the Fatal Accidents Act 1976 again fell for consideration: namely, the extent to which payments made to a widow under the Defendant’s “Death Benefit Scheme” and an “Employee Benefit Trust” should be disregarded by the Court in the assessment of damages.

Costs Capping - Ben Leech, 12 King’s Bench Walk
Having established the principle that a costs capping order is the weapon of choice for a litigant concerned about the level of the other side’s costs (King v Telegraph Group Ltd [2005] 1 WLR 2282) the Court of Appeal recently attempted to give further guidance as to the operation of such orders in practice (Willis v Nicolson (by his litigation friend) [2007] EWCA Civ 199).

Implications of the Consumer Credit Act 2006 - Aidan Ellis, 1 Temple Gardens
The Consumer Credit Act 2006 introduces a range of changes to the Consumer Credit Act 1974. This article draws attention to three of the changes and their practical implications. Of particular interest is that some of the changes may impact on exempt agreements.

W v Oxley Glass Limited - Rankeshwar Batta, Anthony Collins Solicitors LLP
Workplace accidents – don’t concede contributory negligence in a hurry

Clinical Negligence Articles

The Mental Capacity Act 2005 - Cara Guthrie, Outer Temple Chambers
Part 1 - What does it mean for patients and hospitals? Has it changed the law? Will it have any impact on those working in clinical negligence or the wider field of healthcare law?

Medico-Legal Articles, Edited by Dr Hugh Koch

Awareness during anaesthesia - Johnathan Hardman, University Hospital Nottingham
Intra-operative awareness is traumatic for patients and is associated with post-operative psychological sequelae. Litigation frequently follows. Awareness occurs during approximately 0.03% of general anaesthetics and is much more likely when muscle relaxants (paralysing drugs) are used.

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

Jury Mandatory in Princess Diana Inquest - Amy Street, 3 Serjeants’ Inn
(1) Jean Paul (2) Gisele Paul (3) The Ritz Hotel Limited; and Mohammed Al Fayed v Deputy Coroner of the Queen’s Household and Assistant Deputy Coroner of Surrey (Baroness Elizabeth Butler-Sloss) [2007] EWHC 408 (Admin) 2 March 2007