PI Brief Update

31 May 2008 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

Care and Case Management Claims, Public Provision, Indemnities and Double Recovery: Squaring the Circle - Elizabeth-Anne Gumbel QC, 1 Crown Office Row & Henry Witcomb, 1 Crown Office Row
The recent litigation in respect of catastrophic injury care claims and public provision of care begins with Avon v Hooper [1997] 1WLR 1605. In that case the local authority sought...

Case Management in Low Velocity Impact Cases - Anthony Johnson, 1 Temple Gardens
The High Court in Mahmood v. Shaw (unreported, HC, 29.02.08) dealt with an issue of case management that frequently arises in so-called “low velocity impact” (LVI) cases. The decision provides much needed clarity as to the circumstances in which a defendant should be granted permission for the claimant to be examined by its own medical expert. The outcome of the appeal is considerably more favourable to defendants than claimants.

To err is human to forgive divine: Spotlight on complaints in the NHS, the crusade for perceived justice. - Odette Hutchinson, Aston University
The Healthcare Commission’s recently published report ‘Spotlight on Complaints’ highlights a general state of malaise with the NHS’ approach to complaint management. The conclusion of this the second report by the Commission is clear, NHS Trusts still have much to do to improve the principle antecedents, which collectively construct complainants’ attainment of perceived justice.

OB (by his mother and litigation friend) (FC) ( Respondent) v Aventis Pasteur SA (Appellants) (2008) UKHL 34 - Debbie Stringer, Open University
A discussion of the recent House of Lords decision concerning substitution of a defendant.

Medico-Legal Articles, Edited by Dr Hugh Koch

Physical Illness and Psychiatric Morbidity: Recent UK study (Cooke etal, 2007) - Dr Hugh Koch
The prevalence of psychological disorders among those who are physically ill is an important and complex issue, typically with physical illness leading to psychological morbidity, directly or indirectly...

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

Mediation – A Costs Trap for the Unwary - Tim Wallis, Trust Mediation Ltd
This article outlines a costs trap, reviews recent case law and emphasises the need to give careful consideration to all of the costs of the mediation and the terms of the Mediation Agreement before the day of the mediation.

Charon QC

Charon QC, May 2008
Clairvoyant emptor…