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30 April 2010 Summary


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



Personal Injury Articles

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.

Claims against the Catholic Church: When is there vicarious liability, when is there a duty of care and are the situations different? - Elizabeth-Anne Gumbel QC & Justin Levinson, 1 Crown Office Row
The Court of Appeal (Lord Neuberger MR, Lord Justice Longmore and Lady Justice Smith) handed down judgment on 16 March 2010 in the case of MAGA v The Trustees of the Birmingham Archdiocese of the Roman Catholic Church [2010] EWCA Civ 256.

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

Local Standards, Once Again - Tom Poole, 3 Hare Court
In Gouldbourn v Balkan Holidays Ltd (as yet unreported 16/03/10), the Court of Appeal provided guidance on the standard of care against which to judge the conduct of a ski instructor. This article summarises this important decision, explains its wider implications and gives come practical points for practitioners.

Health & Safety Articles

Peanut allergies: a health and safety perspective - Azmina Gulamhusein, LexisNexis
Peanut allergies are one of the most common types of food intolerances and lead to the most fatalities. According to the Food Standards Agency, about 1–2% of the population in the United Kingdom is affected and the problem is becoming more widespread. There is no generally accepted medical explanation for this rising trend, but it reflects an overall increase in all forms of allergies.

Medico-Legal Articles, Edited by Dr Hugh Koch

DSM-5 Next Steps - Kathryn Newns, Tracy Thorns and Hugh Koch
Draft revisions to psychiatry’s diagnostic were published online in February 2010. The Diagnostic and Statistical Manual 5 (DSM-5), published by the American Psychiatric Association (APA), is for May 2013 release. Possible new diagnostic categories include ‘hypersexuality’ and ‘binge eating disorder’.

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

The Michael Caine aspect of stress claims and mediation - John Usher & Tim Wallis
There is now much settled law regarding claims for stress, bullying and harassment. This article highlights the use of mediation in stress claims, with case studies, as well as asking a question about a catchphrase of a popular British actor.

Marketing for Solicitors

Marketing Winners and Losers: Where is Your Practice? Where do You Want to Be? Social Media: Winners & Losers - Jenny Cotton, Mortons Marketing
This new series of reviews will look at topical marketing issues. Do the tried and tested principles still apply? Do the new technologies confirm or change established practice? Are we social networkers personally/professionally? Google Search continues to be the most visited site, in February the UKOM figures are quoted to show 31m users in February, 2010. Google was accessed by 81% of the UK population. Meanwhile Facebook had 23m users, reaching 50% of the UK population, meaning they lost 2.2% of market share. What does this mean for your practice? your colleagues?

Charon QC

Charon QC, Aptil 2010
Rive Gauche: Voters are strange when you’re a plonker