PI Brief Update

29 April 2009 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

Post-traumatic Stress Disorder and the Unwilling Participant: Is Reasonable Belief Required? - Daniel Tobin, 12 King’s Bench Walk
Stephen John Monk v. PC Harrington Limited [2008] EWHC 1879 (QB)

Toropdar: a cause of concern for claimants? - Sarah Fraser Butlin, Cloisters
Jewel Ahmed Toropdar v D (a minor by The Official Solicitor as his litigation friend) (2009). This is a very unusual case whereby an insurance company sought a negative declaration that it was not liable to a victim in a PI case. Consequently the usual roles of the parties were reversed, with the insurers for Mr Toropdar as the claimant in this High Court action.

He Only Has Himself To Thank For The Consequences - Suzanne Cooper, Senior Lecturer Birmingham City University
Smith v Finch [2009] All ER (D) 158 (Jan). A cyclist was injured as a result of a collision with a motorbike. The cyclist was not wearing a helmet. Liability and contributory negligence in failing to wear a helmet were the main issues.

New case on contributory negligence in an RTA - Tabitha Nice, solicitor, Stewarts Law
Case of: Richard Lambert (Appellant) and Jenny Natasha Clayton Administrix of the Estate of Paul Michael Clayton deceased), [2009] EWCA Civ 237

When Does An Injury Give Rise To A Disability? Some Assistance From The EAT In Defining "normal day-to-day activities" - Niazi Fetto, 2 Temple Gardens
Since the advent of the 6th edition of the Ogden Tables it has been necessary for personal injury lawyers to assess whether a claimant is “disabled” by their injuries, so as to establish whether or not they benefit from the advantageous residual earnings and pension multipliers in Tables B and D. The impact upon the value of a claim of a failure to select the correct table can be enormous. In Chief Constable of Dumfries & Galloway Constabulary v Adams, UKEATS/0046/08/BI, 3.4.09, the Employment Appeal Tribunal gave some useful guidance on an important aspect of the definition of “disability”, namely the meaning of “normal day-to-day activities”.

Instructing an Expert new to Expert Witness work, part 4 - Jenny Cotton, Mortons Marketing
Experts’ Reports in Use

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

Maher v Groupama: Where next for foreign insurers? - Katherine Deal, 3 Hare Court
Foreign insurers have recently suffered another blow in their increasingly ingenious attempts to avoid the implications of their insured injuring someone domiciled in England or Wales.

Medico-Legal Articles, Edited by Dr Hugh Koch

Active Steps to Reducing Stress: Mindfulness - Dr Hugh Koch
It is possible to use a technique called mindfulness to make a simple but significant change in your thoughts, feelings and bodily sensations and reduce your levels of stress.

Six is not the magic number / Six is not the best - Dr Manda Holmshaw & Dr Wilson Carswell, Moving Minds
Treatment for people with psychological disorders following RTAs

Marketing for Solicitors

Marketing Your Practice Part 6: Increasing Interest & Action, Write Your Own PR - Jenny Cotton, Mortons Marketing
PR is the quickest and most flexible marketing support available. We should each be able to do PR. Reading and more importantly practising the steps noted here will ensure we each improve and succeed.

Book Reviews

Guide To RTA Liability, Edited by Andrew Ritchie QC
Reviewed by Aidan Ellis, 1 Temple Gardens

Charon QC

Charon QC, April 2009
Inner and Middle Temple Libraries to merge?