PI Brief Update

July 2011 Summary

NEWSLETTER

LAW JOURNAL

Personal Injury Articles

Withdrawal of Pre-Action Admissions: Woodland v Stopford & Ors [2011] EWCA Civ 266 - Jennifer Lee, Pump Court Chambers
Imagine this scenario. The claimant writes a letter of claim. The defendant admits full liability. The parties enter into negotiations on quantum which, regrettably, prove to be difficult and acrimonious. Eventually, proceedings are issued. The defendant then decides that liability should not have been admitted after all. Can the defendant resile from his pre-issue admission?

Nightclubs: fertile ground for a stabbing? Everett & Anr v Comojo [2011] EWCA Civ 13 - Shyam Kapila
Surprisingly, given their propensity for attracting violent crime and unsavoury behaviour, nightclubs have not generally been under any particular duty to protect their patrons from the criminal acts of third parties. This leading judgment of Lady Justice Smith in the Court of Appeal imposes a duty on the managements of nightclubs in respect of the actions of third parties on the premises. The degree of foreseeability should be similar to that required to succeed in an action under the Occupiers’ Liability Act 1957.

Hook -v- British Airways PLC (25 February 2011) - Tabitha Nice, Xchanging Claims Services Limited
This claim, for injury to feelings, was brought under the Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2007, (“the UK Regulations”) giving effect to Regulation 1107/2006 (“the EC Regulation”). The question asked was whether the Regulations provided an exception to the Montreal Convention on International Carriage by Air 1999 (the Convention), itself prohibiting a claim for injury to feelings.

Credit Hire Articles

W v Veolia Environmental Services (UK) plc. 2011 EWHC 2020 (QB) - Jason Prosser, Credit Hire Advocacy Services
The Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations (SI 2008 1816 – the “Regulations”) again fell for judicial consideration in a judgement on 27 July 2011 in W v Veolia Environmental Services (UK) plc. 2011 EWHC 2020 (QB).

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

Exotic Holidays: Controlled Thrills, Local Standards and Expecting the Unexpected - Andrew Young, 3 Hare Court
Travel law practitioners are now familiar with the need to have regard to local standards in determining the prospects of success of a holiday claim brought under the Package Travel (Etc) Regulations 1992, but how does this apply to the increasing popular choice of adventure holidays, either those involving extreme sports or those involving travel to exotic destinations or both?

Medico-Legal Articles, Edited by Dr Hugh Koch

Survivors of Repeated Traumas - David Bird, Hugh Koch and Angela Cooper
There is significant evidence that survivors of prolonged, repeated trauma such as survivors of repeated abuse as children tend to suffer from an associated but more extensive range of symptoms as adults. It is known as Complex PTSD (C-PTSD).

Home Based Rehabilitation Service - Graham Pulford, Speed Medical Examination Services
Much has been written about delays in the claimant process for those who have suffered personal injuries. Delays and rising costs all add to the stress of the recovering claimant. It is widely thought that the delay in patients starting treatment after an accident hinders the recovery of many claimants...

Book Reviews

APIL Guide to Evidence - Edited by Stephen Glynn
Reviewed by Aidan Ellis, Temple Garden Chambers

Charon QC

Charon QC, July 2010
Thoughts on Hari… plagiarism and the pursuit by the pack a la Lord of The Flies