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29 June 2009 Summary


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



Personal Injury Articles

Cobham Hire Services Limited v. Benjamin Eeles (By His Mother and Litigation Friend, Julie Eeles) [2009] EWCA Civ 204 - Daniel Tobin, 12 King’s Bench Walk
This case illustrates the correct approach to the making of an interim payment in a claim where the damages award, when finally assessed, is likely to include one or more Periodical Payment Orders (PPO).

Palmer v Cornwall County Council [2009] EWCA Civ 456 - Shyam Kapila
Waller LJ has delivered the leading judgment in another case involving school children.

CPR 45 Part II predictive costs: An automatic right to recovery? - Amy Berry, 3 Pump Court
The purpose and intention underlying CPR 45 Part II is to provide an agreed scheme of recovery that is certain and easily calculated by providing fixed levels of remuneration, which might over-reward in some cases and under-reward in others, but which are regarded as fair when taken as a whole...

Eeles v Cobham Hire Services Ltd [2009] EWCA Civ 2004: A review of the law on interim payments - Michael Scutt, Dale Langley & Co
Judgment was recently handed down by the Court of Appeal in the above case. It dealt with the issue of how a trial Judge should assess the amount of an interim payment in a substantial case, particularly where the Judge will need to consider making a Periodical Payments Order (PPO). It provides useful clarification of the law and recent cases.

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

Package travel: claims against local suppliers - Sarah Crowther, 3 Hare Court
Behind the Package Travel Regulations: pursuing the real culprits

Medico-Legal Articles, Edited by Dr Hugh Koch

Do we all make mistakes? - Hugh Koch and Karen Addy
A recent study by Icelandic psychologists found that, on average, healthy individuals made 6.4 absent – minded ‘lapses’ or slips each week...

No accident: RTA victims can fully recover from PTSD with the right treatment - Dr Manda Holmshaw, Moving Minds & Dr Wilson Carswell, Moving Minds
New research shows that PTSD resulting from road accidents can be successfully and cost-effectively treated using trauma-focused psychological therapy.

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

Mediation (and Halsey) in action – mediating personal injury claims, including multi party claims, where the defendant is the Government - Tim Wallis, Trust Mediation Ltd
If your client’s claim is, effectively, against the Government is it likely that he or she will be able to mediate? How do you optimise the prospects of reaching mediation (and how, if your instructions are against settlement in this way, do you avoid mediation?) Is mediation a good idea if there are many claimants pursuing a similar claim? These questions are answered below, with reference to the Government Pledge on ADR and the recent decisions in AB v. Ministry of Defence.

Marketing for Solicitors

Marketing Your Practice Part 7: Increasing Interest & Action, Articles, Advertising & Advertorial - Jenny Cotton, Mortons Marketing
Recent articles have shown how PR is the quickest and most flexible marketing support available and then how to create your own content rather than rely on regulatory change and other content generated by others. How can we promote this content? Articles placed in relevant journals and newsletters, by paid for advertising and as advertorial can each be helpful. How do adverts and advertorials differ? How do we place these messages and review their success?

Charon QC

Charon QC, June 2009
Burqa not welcome in France