PI Brief Update

19 July 2007 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

The Law on Penalty Charges - Tim Kevan, 1 Temple Gardens & Anthony Johnson, 1 Temple Gardens
Get the low down on the issues currently clogging up our county courts.

Winners and Losers of Ogden VI - William Latimer-Sayer, Cloisters
An analysis of the changes made in the new Ogden Tables which were published on 3 May

Slippery Floors: A Question of Frequency and Regularity - Ben Leech, 12 King’s Bench Walk
Analysis of the recent Court of Appeal case of Susan Ellis v Bristol City Council which considered the interplay between regulations 12(1) and 12(2) and regulation 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992.

CICA cases under the 1990 scheme - Eliot Woolf, Outer Temple Chambers & Christopher Wilson-Smith QC
Analysis of case concerning the 1990 CICA Scheme and the burden of proving reasonable care/accommodation needs.

Disapplying the Applicable Law under ss.11 and 12 of the Private International Law (Miscellaneous Provisions) Act 1995 - Sarah Prager, 1 Chancery Lane
In a recent appeal decision, Prince v Prince, 22nd June 2007, unreported, His Honour Judge Inglis gave guidance on the interpretation of ss.11 and 12 of the Private International Law (Miscellaneous Provisions) Act 1995. This article reviews the decision.

Clinical Negligence Articles

Inquest Reform Back on the Political Agenda? - Dr Peter Ellis, Lamb Chambers
The long awaited reform of the system for coroners’ inquests in England and Wales may be closer, following the recent announcement that the Coroners Bill is now in the Government’s draft legislation programme for 2007 – 2008.

Medico-Legal Articles, Edited by Dr Hugh Koch

Clinical Psychologist’s role in the assessment of chronic pain - Robert J. Edelmann, University of Roehampton
This article outlines when it might be appropriate to instruct a Clinical Psychologist to assess chronic pain in personal injury cases. The nature of pain and psychological factors influencing pain reporting are summarised. In conclusion it is noted that a comprehensive psychological assessment can provide a full and informative formulation of the claimant’s pain reporting.

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

Coroner entitled to not leave a verdict to a jury where if returned that verdict would be perverse or unsafe - Yasmin Yasseri, 3 Serjeants’ Inn
R (Bennett) v HM Coroner for Inner South London & Other Interested Parties [2007] EWCA Civ 617

Mediation & ADR Articles, Edited by Justin Patten

Why bother to mediate? - Justin Patten, Human Law
There has been recent discussion in the legal press focusing on the conduct of Personal Injury lawyers relating to mediation and as to whether defendant insurance lawyers are trying to defeat mediation.

Charon QC

Charon QC, July 2007
The curse of Da Vinci, and the vexed question of "Judgement" and "Judgment"