December 2018/January 2019 #171 – Law Journals

Vehicle liability: Autonomous vehicles and other liability issues affecting cyclists

Martin Porter QC considers all the hot issues involving cycling accidents ‘The technology is probably not there yet, but there are grounds for optimism that autonomous vehicles will in time become significantly safer than human-driven motor vehicles.’ On 18 March 2018 Elaine Herzberg was pushing her bicycle across a dual carriageway road in Arizona when …

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Part 36: An offer you can’t refuse

James Marwick and Marcus Coates-Walker provide an invaluable summary of the latest decisions in the ever-changing arena of Part 36 offers ‘Hislop, it is submitted, is yet another instance of the court having to construct a Part of the CPR which was simply not drafted with fixed costs in mind and where the poor drafting …

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Vicarious liability: The perils of Christmas parties

Is an employer vicariously liable for injuries inflicted during a fight between employees? David Sanderson examines a recent case ‘It is in many ways remarkable that the trial judge should have taken such care to make and record findings of fact that seem so clearly to point towards a finding of vicarious liability, only then …

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Breach of duty: Saying the wrong thing

Shahram Sharghy reports on a case that concerned whether a duty of care was owed by a non-medically-trained receptionist ‘As soon as the claimant had been “booked in”, he entered into a relationship with the defendant of patient and healthcare provider. The scope of the duty extends to taking reasonable care not to provide misleading …

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Compensation for chronic pain: Good for your wealth but bad for your health?

Pankaj Madan explores recent research into the effect of the litigation process on chronic pain conditions ‘The most consistent finding of the study was that litigants’ perception of increased pain and minimisation of treatment effect was strongly reinforced by involvement in the compensation system.’ In November’s edition of Personal Injury Law Journal (‘What does it …

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Case report: Page v RGC Restaurants Ltd [2018] EWHC 2688 (QB)

Costs budgets; relief from sanctions ‘In some cases the defaulting party would be better off relying upon a saving provision rather than making an application for relief under CPR 3.9.’ Page v RGC Restaurants Ltd [2018] is an important authority determining: the effect of filing an incomplete costs budget; and the court’s jurisdiction to grant …

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Human rights: Claims against the police post Robinson and DSD – part two

In the second part of a two-part analysis, John-Paul Swoboda outlines the decision in Commissioner of Police of the Metropolis v DSD and looks at the wider impact on claims against the police ‘The case for the claimants was that as the state has a duty under Art 3 to conduct an effective investigation into …

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