This site uses cookies.

29 June 2010 Summary

NEWSLETTER

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

LAW JOURNAL

Editorial: Defending Health & Safety

Personal Injury Articles

Life Expectancy: relevance of "lifestyle factors" - William Latimer-Sayer, Cloisters
In the case of Edwards v Martin [2010] EWHC 750 (QB) the Claimant suffered a brain injury. The parties’ neurologists agreed that there was no reduction in life expectancy due to the Claimant’s head injury. However, the Defendant adduced the evidence of Dr Bryan Walker, a physician, to suggest that the Claimant’s life expectancy should be reduced because he was a smoker and that he had some recurring episodes of depression.

The Applicable Law in Cross-Border Torts: The Implementation of Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) - Sarah Prager, 1 Chancery Lane
Practitioners remain unsure as to the date of implementation of Rome II. In this article Sarah Prager examines how the court of first instance approached the issues in a recent case, Bonsall v Cattolica Assicurazioni, unreported, 13th January 2010.

O’Byrne v Aventis Pasteur SA [2010 UKSC 23] - Hugh Preston, 7 Bedford Row
The Supreme Court has given judgment in O’Byrne v Aventis Pasteur SA [2010 UKSC 23], a case involving a number of issues arising under the Consumer Protection Act 1987 (EC Product Liability Directive).


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

Damages for non-pecuniary loss under the Montral Convention: the decision of the ECJ in Walz v Clickair - Howard Stevens, 3 Hare Court
In Walz v Clickair SA (Case C-63/09) the ECJ ruled on the recoverability of non-material damage under the Convention for the Unification of Certain Rules for International Carriage by Air, concluded in Montreal on 28 May 1999 (‘the Montreal Convention’).


Health & Safety Articles

Health & Safety Update - Heather Platt, Pump Court Chambers
The Sentencing Guidelines Council (SGC) has recently published a definitive sentencing guideline for organisations (not individuals) convicted under the Corporate Manslaughter and Corporate Homicide Act 2007 and for health and safety offences which cause death. The guidelines came into effect on 15 February 2010 and will be applied to any case coming before the Courts after that date, even if the actual incident took place before 15.02.2010.


Medico-Legal Articles, Edited by Dr Hugh Koch

Is this claimant ready for therapy? - Dr Hugh Koch and Dr Alice Knight
Review of paper in Behavioural and Cognitive Psychotherapy 2010, 38, 303-317. Assessing therapy: relevant cognitive capacities, Sauter et al.


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

Is it negligent not to advise about mediation? A note to the firm’s risk partner - Tim Wallis
Until recent times the personal injury sector has been almost a mediation-free zone, with little attention being paid to ADR by practitioners or the court. This article considers the risks of practitioners continuing to take that approach.


Charon QC

Charon QC, June 2010
UK bill of rights plan a ‘bad idea’, warns head of European court

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.