Archive for July, 2011

Summary of Recent Cases – Costs

It was not unjust to award an offeror all its costs from 21 days after it had been made because if the offer had been made no further costs would have been incurred Owners and/or Bareboat Charters and/or Sub Bareboat Charterers of the Ship Samco Europe v Owners of the ship MSC Prestige, QBD (Admlty), […]

July 27, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

SUMMARY OF RECENT CASES – PROFESSIONAL AND CLINICAL NEGLIGENCE GP Practice Unable To Escape Liability For Delayed Hospital Referral By Establishing Hospital Would Have Treated Patient Negligently Wright v. Cambridge Medical Group (A Partnership), CA, 9/6/11 The Court of Appeal held that the judge below had erred, both in law and on the facts, to […]

July 23, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

DAMAGES Where the long-term outcome for a 10-year-old claimant was uncertain and speculative, the assessment of damages was to be completed on a staged basis Jamie-Rae Cook (By her litigation friend & Mother Karen Cook) v (1) David Andrew Cook (2) Elizabeth Harriet Walker (2011), QBD, 28/06/11 It was the normal rule, and desirable practice, […]

July 19, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS Owners Of Pub Not Liable To A Claimant Sliding Down Bannisters Who Had Voluntarily Assumed Inherent Risk Of Injury Geary v, JD Whetherspoon Plc, QBD, 14/06/11 Coulson J dismissed the claimant’s claim for damages for personal injury. The claimant had attempted to slide down a set of banisters but fell […]

July 16, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Industry News

Barristers baulk at ‘box-ticking’ CPD… Guardian Postman ‘traumatised by roller-coaster’ spared jail… Telegraph APIL appoints new chief executive… Insurance Post

July 13, 2011 · Editorial Team · Comments Closed
Posted in: News

Industry News

Jack Straw attacks referral fee ‘racket’… Insurance Post Justice Minister suggests referral fees provide a ‘perverse incentive’ to make unjustified claims… Guardian Lawyers back Jack Straw’s call to ban referral fees… Claims Standards Council Law Society attacks Legal Aid and Sentencing Bill… Law Society

July 10, 2011 · Editorial Team · Comments Closed
Posted in: News

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

Disclosure of previous expert reports where a party seeks to change experts within the same field Beck v Ministry of Defence [2003] EWCA Civ 1043 Where a Defendant seeks to change experts in the same field, generally a condition of the court allowing them permission to do so is disclosure of the previous expert’s report […]

July 4, 2011 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Civil Procedure

An action by an insurance company alleging that the settlement of an earlier PI action was obtained by fraud and/or misrepresentation should not have been struck out Zurich Insurance Co Plc v Colin Richard Hayward, CA, 27/05/11 An insurance company appealed against a decision to strike out its claim for fraud and/or misrepresentation following the […]

July 1, 2011 · Editorial Team · Comments Closed
Posted in: Cases