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31 December 2009 Summary


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



Personal Injury Articles

Six cases on interim payments since Cobham Hire Services Ltd v Benjamin Eeles - Henry Witcomb, 1 Crown Office Row
The cases since the Court of Appeal’s decision in Eeles have demonstrated the real difficulty in establishing the likely capital award that a trial judge will make so as to recover a reasonable proportion of this sum by way of interim payment...

Limitation, delay and forensic prejudice: McDonnell & Anr v Walker [2009] EWCA Civ 1257 - Shyam Kapila
Following the landmark decisions in Horton v Sadler [2007] 1 AC 307 and A v Hoare [2008] 1 AC 844 that have done much to alter the limitation landscape, Waller LJ has delivered a key judgment concerning the meaning and effect of any ‘delay’ for the purposes of s. 33 of the Limitation Act 1980...

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

Maher v Groupama Grand Est [2009] EWCA Civ 1191 - Howard Stevens, 3 Hare Court
The Court of Appeal (Moore Bick LJ, with whom Mummery and Etherton LJJ agreed) confirmed that the law applicable to the assessment of damages in a direct action in England (not caught by Rome II) against a motor insurer domiciled in another Member State is English law; further, that section 35A of the Senior Courts Act 1981 creates a remedy rather than a substantive right to interest and is, therefore, available to a claimant in such a direct action, even if the applicable law of the tort is not English law.

Medico-Legal Articles, Edited by Dr Hugh Koch

Responding to the Psychological Needs of People Following a Traumatic Event - Dr Kathryn Newns
It is commonly thought that suppressing memories related to traumatic events results in PTSD symptoms, whereas thinking about the event and processing the memories leads to those memories being successfully integrated with other memories. However, this theory has been challenged...

How People Talk about Their Chronic Low Back Pain - Dr Kathryn Newns
Low back pain is a common road traffic accident (RTA) injury with a prolonged recovery (Cassidy et al. 2003). The prolonged duration of the condition is thought to be related to psychological symptoms and the social difficulties that accompany the problem (Snelgrove and Liossi, 2009) with 85% of sufferers failing to respond to medical treatment alone ( Klaber Moffett et al. 1995).

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

Education key to increasing Personal Injury Mediation. - Philip Hesketh, Hesketh Mediation
The former Master of the Rolls, Lord Clarke of Stone-cum-Ebony, has been a long time supporter of mediation in personal injury litigation. Speaking at the Proclaim Personal Injury Awards ceremony in London in November he took the opportunity of re-iterating this position.

Marketing for Solicitors

Marketing Your Practice Part 12: New Year’s Resolutions, for your practice and yourselves - Jenny Cotton, Mortons Marketing
For most individuals the year end break gives time to reflect on the current balances of life, working and living. Some LLP s will have December year ends and so begin the calendar year in a new financial year. So for many, professionally and personally, the year start is a good time to introduce change. What changes?

Charon QC

Charon QC, December 2009
Call for universities to charge well-off students £30,000 a year