Archive for September, 2012

Summary of Recent Cases – Costs

The normal rules of CPR r.36.10(5) did not apply when experts were unable to predict the impact of a brain injury until a young child fully matured SG v Hewitt [2012] EWCA Civ 1053, 02/08/12 The C had been injured in a road traffic accident caused by D when he was six years old causing […]

September 27, 2012 · Editorial Team · Comments Closed
Posted in: News

Summary of Recent Cases – Civil Procedure

Reversal of a decision not to cross-examine a witness permitted Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Others, [2012] Ch D, 22/08/12 It was held that the court should ensure that parties had the opportunity to properly deploy their evidence and that everything had been done to achieve that purpose […]

September 23, 2012 · Editorial Team · Comments Closed
Posted in: News

Summary of Recent Cases – Substantive Law

Blair-Ford v CRS Adventures Ltd [2012] EWHC 2360 (QB), [2012] All ER (D) (Aug) The Claimant was a teacher who in 2007 attended an adventure holiday with a number of other staff and students. The adventure holiday was organised by the Defendant company. The Defendant organised a series of competitions, one of which involved members […]

September 19, 2012 · Editorial Team · Comments Closed
Posted in: News

Summary of Recent Cases – Substantive Law

Churchill Insurance Co. Ltd. V Wilkinson; Evans v Equity Claims Ltd, [2012] EWCA Civ 116, [2012] All ER (D) 157 (Aug) This case concerned the proper interpretation of s.151(8) of the Road Traffic Act 1988 (RTA 1988) and in particular whether it complied with Council Directive (EEC) 72/166, Council Directive (EEC) 84/5, Council Directive (EEC) […]

September 16, 2012 · Editorial Team · Comments Closed
Posted in: News

Industry News

Equality Impact Assessment leads to change to Jackson reforms… Insurance Medical Group Paralysed teacher loses £5M ‘welly wanging’ claim in the High Court… BBC Streamlined process to be introduced for mesothelioma claims… Litigation Futures Three ‘slip and trip’ fraudsters face jail… Insurance News

September 13, 2012 · Editorial Team · Comments Closed
Posted in: News

Industry News

Court of Appeal confirms general damages to increase by 10% from April 2013… Judiciary of England and Wales …although APIL contends that this will not be sufficient… Insurance Post SRA warns that enforcing referral fee ban will be tough… Telegraph Equality Impact Assessment leads to change to Jackson reforms… Insurance Medical Group

September 10, 2012 · 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.

Apportionment of liability in cases of motorcycles overtaking stationary traffic at junctions The cases highlight common features used to determine the relative blameworthiness of the parties: • Was the motorcyclist travelling at an unsafe speed? • Did the speed of the motorcyclist make it impossible or more difficult for him to take evasive action? • […]

September 4, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Civil Procedure

Three individuals involved in bringing a false personal injury claim imprisoned for contempt Havering London Borough Council v (1) Mark Bowyer (2) James Jones (3) Richard Bowyer [2012] EWHC 2237 (Admin) 27/07/12 It was necessary to distinguish between those that had played a principal role in the scheme and those who had supported it. Whilst […]

September 1, 2012 · Editorial Team · Comments Closed
Posted in: Cases