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PIBULJ

19 July 2007 - PI Practitioner

JUDICIAL BIAS
Steadman-Byrne v. Amjad [2007] EWCA Civ 625
 
At first instance, the judge was to decide a point on which the evidence was disputed. The claimants had given evidence, and the defendant was to give contradictory evidence. After the claimants’ evidence, the judge summoned counsel to his chambers. The judge there stated that he did not see how the defendant could win the point, and that he believed the claimants’ evidence. The judge went on to hear the defendant’s evidence and give judgment in favour of the claimants.
 
Appeal against that order allowed. The test of bias was whether a fair-minded observer informed of all the relevant circumstances would have concluded that there was a real possibility that the judge was biased. Although a judge could form views about the evidence as the trial went on, and could tell the parties about those views, it was not acceptable for him to form, or give the impression of having formed, a firm view on one side’s credibility when the other had not yet called evidence meant to impute it. As the judge had given a clear indication that he had prematurely closed his mind, he had given the appearance of bias.
 
ROAD TRAFFIC -- ’NOSE-POKING’ WHEN TURNING ONTO MAIN ROAD
Farley v. Buckley [2007] EWCA Civ 403

The claimant was overtaking a lorry on a major road. The lorry was turning left into a side-road, from which the defendant was emerging at 5 to 8 mph, without edging forward bit by bit, that is, ’nose-poking.’ The claimant was found to have been driving at 30 mph, and the trial judge described the manoeuvre as reckless. The judge dismissed the claim.
 
Claimant’s appeal dismissed. In the instant case, it could not be said that the defendant was negligent for failing to ’nose-poke,’ given the short space between the offside of the truck and the centre of the road. The difference between continuous movement and nose-poking was too slight to justify a finding of negligence on the basis that the defendant had failed to ’nose-poke.’ However, the Court of Appeal would not endorse a general rule that there was no negligence in failing to ’nose-poke,’ and that emerging from a minor road at 5 to 8 mph was acceptable.

31 May 2010 Summary

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Editorial: Constitutional Conventions

Personal Injury Articles

Assessing an Award by the Criminal Injuries Compensation Authority: A Cautionary Tale - Professor Mark Hill QC, Pump Court Chambers
Despite the coming into force of the 2008 Scheme, hundreds of claims are yet to be determined under the Criminal Injuries Compensation Scheme 2008. One such is the case of D, struck over the head by a metal bar...

Where public and private law duties meet: a note on Connor v Surrey County Council [2010] EWCA Civ 286 - Sarah Fraser Butlin, Cloisters
In this case the Court of Appeal were asked to address difficult questions on the boundary between public law functions and private law actions. Though the factual matrix was complex, at its heart was the issue of whether the actions of a Local Education Authority, where their power lay in statute, were justiciable as particulars of negligence.

Constructive Knowledge and Limitation: London Strategic Health Authority v Whiston [2010] EWCA Civ 195 - Rosa Dickinson, St Philip’s Chambers
The Court of Appeal has clarified the position in respect of when a claimant will be held to have constructive knowledge of the relevant facts under section 14(3) of the Limitation Act 1980. In this case, the court attributed constructive knowledge to the claimant, but allowed the claim to proceed under section 33.

Public funding for representation at inquests: Equality of arms? - Azmina Gulamhusein, LexisNexis
This article discusses the general problems with obtaining public funding at inquests, the specific guidelines on funding set out in the recent case of R (on the application of Humberstone) v Legal Services Commission [2010] EWHC 760 (Admin) and the future reforms to be introduced by the Coroners and Justice Act 2009.


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

The Temporal Scope of Rome II: Latest Developments - Daniel Clarke, 3 Hare Court
Regulation (EC) 864/2007, or ‘Rome II’, the EU regulation which governs the law applicable to non-contractual obligations, has been around for some time. One would not have expected its date of effective entry into force to be a matter of controversy. However, as many practitioners will be aware, it is.


Medico-Legal Articles, Edited by Dr Hugh Koch

Do siblings react differently to trauma? - Kevin Yates & Alice Knight
Review of publication: Post-traumatic stress reactions in siblings after mutual disaster: Relevance of family factors, Nygaard E, Jensen TK, Dyb G, Journal of Traumatic Stress 2010, 23 (2): 278 – 281


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M is for….. Mediation - Lea Brocklebank, Bond Pearce LLP
Essentially, all you need to take a case to a mediation are good case skills, good negotiating skills and a basic understanding of what is involved in a mediation. So what follows is my A- Z guide.


Charon QC

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22 January 2009 Summary

NEWSLETTER

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

LAW JOURNAL

Editorial

Personal Injury Articles

Potential Claimants and Defendants Under the Workplace Regulations - Aidan Ellis, 1 Temple Gardens
For most health and safety regulations it is obvious to whom the legislation applies: it protects employees against breaches by employers. The application of the Workplace (Health, Safety and Welfare) Regulations 1992 is less clear-cut. In the absence of binding authorities in the English courts in some key areas, there remains scope for creative arguments both as to who is protected by the Regulations and who is subject to obligations under the Regulations.

Crofton: all as it seems? - Sarah Fraser Butlin, Cloisters
On 13 November 2008 the High Court approved a final settlement in the Crofton v NHSLA litigation. The settlement was on a 67.5% liability basis with the Defendant paying the Claimant total damages of around £2.9million...

Employment duties and care claims. - Lisa Sullivan, Cloisters
There have been an increasing number of areas where employer’s responsibilities have knock-on effects on what is claimed in a large care claim. A good care expert should point some of them out but it may pay to be up-to-date on changes in employers duties.

Beating a Part 36 Offer: Not as Easy as You May Think! - Rankeshwar Batta, Anthony Collins Solicitors LLP
Last year the judgement in Carver –v- DAA [2008] EWCA Civ 412 came as a stark reminder to Claimant lawyers that beating a Part 36 offer from a Defendant is no guarantee to costs security.

Instructing an Expert new to Expert Witness work. - Jenny Cotton, Mortons Marketing
The Courts and those legal practitioners involved are fully experienced in the Expert Witness role. However it is often the case that the individual identified as a relevant expert is not familiar with the role or Court requirements at all. Many contacts are in effect a novice expert.


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

An Accident Waiting To Happen? Barclay v British Airways Plc - Katherine Deal, 3 Hare Court
The Montreal Convention, which has the force of law in England and Wales by virtue of Schedule 1B to the Carriage by Air Act 1961 as amended, governs to a large extent any claim a passenger might seek to bring for death or personal injuries sustained during the course of air travel. Where it applies, it provides an exclusive regime. A claimant cannot, for example, hope to have any success alleging a common law duty of care or breach of contract in addition to any claim that arises under the Convention.

Just when you thought it was safe to go back on the slope... - Simon Davenport, 3 Hare Court
To what extent is a Claimant who is injured during a winter sporting activity responsible for his or her own safety?


Medico-Legal Articles, Edited by Dr Hugh Koch

Physical and Mental Relaxation: An Active Step to Reducing Travel Anxiety - Hugh Koch and Kathryn Newns
It is well recognised in the medico-legal literature that the shock of a traumatic road traffic accident can result in a number of destructive and distressing Psychological experiences.


Marketing for Solicitors

Marketing Your Practice: Awareness & Profile, It is Everyone’s Job and How to Check it is Working Well - Jenny Cotton, Mortons Marketing
How we present ourselves is often just as important as what we say and what we do. What we are understood to have said or done rather than what we have actually said and done is often what matters most. From the sole practitioner and the newest recruit to the largest LLP everyone has their role to play in the awareness and profile of their practice. Some may call this spin, others are clear that having an agreed plan for the level of awareness and the quality of profile is what is most helpful. Communicating agreed messages effectively with agreed contacts is what delivers consistent results.


Book Reviews

Active Steps to Reducing Stress - James Koch & Hugh Koch (Bracken Books)
Reviewed by Tim Kevan


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