Archive for November, 2011

Summary of Recent Cases – Costs

Costs Following Successful Finding of Contempt Brighton & Hove Bus & Stage Coach Ltd v (1) Sheridan Brooks (2) Merihan Tadrous (3) Nabil Tadrous [2011], EWHC 2810 (Admin) 20/10/11 Following findings of contempt against two family members of a Claimant in which the Claimant’s daughter was 6 months imprisonment suspended for 12 months and 3 […]

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

Summary of Recent Cases – Substantive Law

SUMMARY OF RECENT CASES – PROFESSIONAL AND CLINICAL NEGLIGENCE No cases reported this month.

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

Summary of Recent Cases – Substantive Law

DAMAGES Court Of Appeal Interfered With Judge’s Assessment Of General Damages In A Case Of Multiple Personal Injuries Sadler v. Filipiak & Anor, CA, 10/10/11 Whilst recognising that an appellate court would only interfere in exceptional cases, the Court of Appeal held that the judge below had taken the wrong approach to the assessment of […]

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

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS School Did Not Owe Pupil A Non-Delegable Duty Of Care Woodland v. Essex County Council & Ors, QBD (Manchester), 17/10/11 By way of determination of a preliminary issue, Langstaff J rejected the Claimant pupil’s claim that the Defendant local education authority (which ran her school) owed her a non-delegable duty […]

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

Industry News

Justice Minister stripped of powers after failing to declare interest in claims management companies… Guardian Parliament debates amendments to LAPSO Bill… House of Commons Court overturns ruling against rugby club… BBC

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

Industry News

Ministry of Justice publishes assessment of potential impact of ban on referral fees… Claims Standards Council Legal Aid changes implemented… Legal Services Commission RTA Portal Behaviour Committee publishes Guidance Notes… RTA PI Claims Process

November 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

Using epidemiological evidence to prove individual causation • In Loveday v Renton [1990] 1 MLR 117 the plaintiff claimed that the pertussis vaccine caused brain damage. The court considered a preliminary question, namely ‘can or could pertussis vaccine used in the UK…cause permanent brain damage or death in young children.‘ The centrepiece of the plaintiff’s […]

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

Summary of Recent Cases – Civil Procedure

A Claimant’s date of knowledge that he had sustained a significant personal injury was within 3 years of issue following exposure to asbestos Sir Robert Lloyd & Co Ltd and Others v Bernard Hoey (2011), EWCA Civ, 1060, 09/09/11 The Claimant had been exposed to asbestos following employment with the Defendant and issued on the […]

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