Archive for December, 2010

PI Practitioner – each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area

Low Velocity Impact motor claims Armstrong and anor v First York [2005] EWCA Civ 277 The Court of Appeal held that there was no principle of law that an expert’s evidence in an unusual field must be dispositive of the issue of liability such that a judge must be compelled to find that two palpably […]

December 28, 2010 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Civil Procedure

Mesothelioma claim struck out under the Limitation Act and no reason for the Court to exercise its s.33 discretion Ivan Hinchliffe (Executor of the estate of Aubrey Whitehead, Deceased) v Corus UK Ltd, QBD, 22/11/10 Roger ter Haar QC (sitting as a judge of the High Court) held that a claim for personal injury following […]

December 25, 2010 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Costs

When permission was given to serve amended Particulars of Claim it was wrong that a party was ordered to pay the costs of the action to date Chadwick v Hollingsworth (No.2), QBD, 2/11/10 Permission was given for the Claimant to amend his particulars of claim in a medical negligence action which it was held at […]

December 22, 2010 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

Professional and Clinical Negligence Low Threshold For Referral To Hospital By GP In The Case Of A Premature Baby Fallon v. Wilson, QBD, 18/11/10 Eady J held that the failure by a general practitioner to refer a premature baby to hospital after a consultation during which the baby presented with symptoms which justified such referral, […]

December 19, 2010 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

DAMAGES Claimant Awarded £70,000 For Pain, Suffering And Loss Of Amenity Following Severe Sexual Abuse BJM v. Eyre & 3 Ors, DR (Leeds), 12/11/10 Swift J DBE awarded the Claimant £70,000 damages for pain, suffering and loss of amenity suffered following severe and prolonged sexual abuse inflicted upon him as a child and which had […]

December 16, 2010 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS The Degree Of Force Applied By Police Officers To Individual Resisting Arrest Was Reasonable Despite Severe Injuries Being Sustained Adorian v. Commissioner of Police for the Metropolis, QBD, 25/11/10 HHJ O’Brien QC (sitting as a deputy judge of the High Court) held that the degree of force applied by police […]

December 13, 2010 · Editorial Team · Comments Closed
Posted in: Cases

Industry News

Ministry of Justice consults on Jackson civil litigation costs review… Ministry of Justice Lord Young quits over ‘gaffe’… BBC …and is replaced by Mark Prisk… Telegraph Appeal ruling could open door for legal actions against the care system… Guardian Unite seeks to challenge mesothelioma ruling in the Supreme Court… Claims Standards Council Miners’ compensation web-site […]

December 10, 2010 · Editorial Team · Comments Closed
Posted in: News