PI Brief Update

18 May 2007 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

Care claims and the Working Time Regulations - Lisa Sullivan, Cloisters
In Corbett v South Yorkshire Strategic Health Authority (decision of HHJ Bullimore sitting as a Deputy

Quantum Issues in Child Abuse Claims - Elizabeth-Anne Gumbel QC, 1 Crown Office Row & Henry Witcomb, 1 Crown Office Row
The assessment of damages in claims arising out of abuse of children is particularly difficult...

MIB – Addressing Justice! - Adam Dawson, 9 Gough Square
The MIB address the issues of doing justice to the "true" victims of road traffic accidents. In Phillips v (1) Rafiq and (2) MIB, the exceptions to the 1999 Agreement are explored.

Dishonesty - where to draw the line? Churchill Car Insurance v Kelly - Alejandra Hormaeche, Tanfield Chambers
Those advising claimants in personal injury actions need to be mindful of the potential consequences of dishonesty being established in a claim that would otherwise be perfectly bona fide, e.g. where a genuine claim for damages is brought but is exaggerated, or a particular head of loss is fabricated altogether, in an attempt to increase the overall level of award made.

Occupational Stress Cases since Hatton and Barber - Lionel Stride, 1 Temple Gardens
A review of three recent occupational stress claims which provide an incite into how the judiciary are interpreting the guidelines set down in the seminal cases of Sutherland v Hatton and Barber v Somerset. It appears that there is greater flexibility in the application of the guidelines than was previously thought.

Clinical Negligence Articles

Bolitho & Causation: Gouldsmith v Mid-Staffordshire General Hospitals NHS Trust - Dr Peter Ellis, Lamb Chambers
An analysis of the decision of the Court of Appeal in Gouldsmith v Mid-Staffordshire General Hospitals NHS Trust, including whether the judge had correctly applied the two-stage test of causation laid down by the House of Lords in Bolitho v City & Hackney Health Authority, and the evidence required to prove the hypothetical "but for" in cases of negligence by omission.

Medico-Legal Articles, Edited by Dr Hugh Koch

Psychological Diagnosis: Can it be Made Easier? - Dr Hugh Koch, Hugh Koch Associates
Psychological diagnosis can be made easier by experts who display a clarity and in-depth experience of the multi faceted aspects of clinical data collection and the use of a robust classification scheme which enables robust debate, using a shared language and framework.

Mediation & ADR Articles, Edited by Justin Patten

Mediation – Tips for Lawyers Prior to that All Important Mediation - Justin Patten, Human Law
Lawyers are increasingly aware of mediation, yet often make some errors in dealing with their tactical approaches to the conduct of them.

Charon QC

Charon QC, May 2007
Charon speaks at the first UK Bloggers conference despite the fact that he claims no expertise in the subject and describes his experience on London TalkRadio as a "legal eagle" which led, twelve or so years later, to his podcasts.