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23 February 2009 Summary


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



Personal Injury Articles

Strained Relations – The Health and Safety (Display Screen Equipment) Regulations 1992 after Goodwin V Bennetts Uk Ltd - Jack Harris, 2 Temple Gardens
Despite the prevalence of computers in the modern workplace and the increasingly long hours employees are expected to undertake, there have been surprisingly few reported cases concerning the Health and Safety (Display Screen Equipment) Regulations 1992. However, in the recent case of Goodwin v Bennetts UK Ltd [2008] EWCA Civ 1374 the Court of Appeal has confirmed that the DSE Regulations place a heavy duty on employers to plan the work routines of any of their employees, who use computers at work.

Recovery of Costs in Managing Periodical Payments - William Latimer-Sayer, Cloisters
Now that periodical payments have been around for a few years, some practical difficulties have started to emerge. What happens if the defendant is late in paying or underpays? Who checks the calculation to make sure that the defendant has got it right and has correctly uprated the periodical payment to take account of the change in the relevant index?

Ex Turpi Causa: An Analysis of the Decision in Gray v Thames Trains Limited (2008) PIQR P20 - Sarah Prager, 1 Chancery Lane
All lawyers of a certain age are familiar with the Latin tag ex turpi causa non oritur actio, or, post-Woolf reforms, the maxim that one knowingly engaged in an illegal activity may not profit from it...

PI Conference Drives Debate on Reform
The impending Ministry of Justice’s Claims Reforms and the controversial issue of pleural plaques will be two of the issues likely to spark intense debate at the forthcoming Legal & Medical Conference 2009.

Instructing an Expert new to Expert Witness work. - Jenny Cotton, Mortons Marketing
Materials supply and sourcing: second in a series on briefing an Expert new to Court reporting.

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

Getting carried away… The Court of Appeal considers carriage by air - Tom Poole, 3 Hare Court
In the recent case of Laroche v Spirit of Adventure [2009] EWCA Civ 12, the Court of Appeal provided authoritative guidance on what is meant by being carried as a passenger in a aircraft pursuant to a contract of carriage within the meaning of Articles 1 and 17 of Schedule 1 to the Carriage By Air Acts (Application of Provisions) Order 1967 (“the 1967 Order”). This article summarises this important decision in the field of aviation law and gives some practical points for practitioners.

Clinical Negligence Articles

Patients and Doctors Working Together in Partnership: Birch v UCL Hospital NHS Foundation Trust [2008] EWHC 2237 (QB) - Odette Hutchinson, Aston Business School
Of the myriad of pressing topics current in medical law and ethics, the issue of informed consent appears to be the ‘plainer sibling’. The decision by Cranston J in Birch v UCL Hospital NHS Foundation Trust in 2008 has brought into sharp relief that which many commentators already held to be true. Far from being the ‘plainer sibling’ when weighed against other prominent issues in medical law and ethics, the doctrine of informed consent, is one of the most significant principles to emerge in recent years.

Medico-Legal Articles, Edited by Dr Hugh Koch

How to manage stress during litigation: Advice to Claimants - Hugh Koch & Paul Elson
It is widely recognised that bringing a personal injury claim can be a stressful process. In addition to the distress and pain, both emotional and physical, of experiencing an injurious incident, the complex and lengthy nature of subsequent litigation is an extra stress which can reinforce or exacerbate the initial incident related problems.

Mediation & ADR Articles, Edited by Justin Patten, Human Law

Can the courts force parties to mediate? - Philip Hesketh, Hesketh Mediation
Does the court at present have any powers under the CPR to order the parties involved in litigation to mediate their dispute? If yes then would such an order breach a litigant’s rights to a fair trial under Article 6 of European Convention on Human Rights?

Marketing for Solicitors

Marketing Your Practice: Interest & Action, Understanding Competition - Jenny Cotton, Mortons Marketing
Today and everyday clients, yours and your competitors’, are under increasing pressures to review their own aims, needs and their suppliers of legal services. How does your practice compare? Who are your real competitors? Do you identify direct and indirect competition? Do you recognise “Do nothing” and/or ”Do nothing yet” as competitors to commitment to your proposals?

Charon QC

Charon QC, February 2009
Liberty and Libertarianism