May 2013 #115 – Law Journals

Advocate’s Advice: Road traffic accidents

Bill Braithwaite QC considers what issues arise when there is evidence to suggest a claimant may not have been wearing a seat belt ‘The burden of proof is firmly on the defendant, but this definitely does not mean that the claimant should wait and see how the defence put the argument.’ Seat belt issues never …

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Fairchild Rules: Fair enough?

Patrick Limb QC examines the decision in the appeal case of IEG v Zurich ‘The relaxation of the causal requirement in mesothelioma claims emerged from the conjoined appeals in Fairchild precisely because the insurers were hoping that such claims would founder on the rock of uncertainty created by the inability to satisfy the “but for” …

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Client Care: Clients without capacity – managing their property and affairs

In her concluding article, Araba Taylor looks at issues that arise following personal injury ‘Managing the property and affairs of incapacitated clients is best considered as an inter-disciplinary matter, where the trusts and Court of Protection expertise of the private client team can offer real support and assistance to the PI team.’ Clients without capacity …

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Human Rights Act: Use of the Human Rights Act in clinical negligence litigation

Richard Lodge and Raoul Lumb discuss the impact of the Act on clinical negligence cases ‘Clinical negligence litigation often involves vulnerable members of society and it is surprising that the Human Rights Act has not, to date, had the impact that was expected.’ As an area of law largely focused on narratives of harm befalling …

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Clinical Negligence: Delayed diagnosis in cancer cases and proof of causation

In conclusion to his two-part article, Julian Matthews reports upon a further recent decision in this complex area of medicine and law, and reflects upon whether similar cases can still be pursued given the recent changes to the rules on costs My last article for the Personal Injury Law Journal concerned awards of damages for …

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Case Report: Gavin Flatman v Gill Germany; Richard Weddall v Barchester Health Care Ltd [2013] EWCA Civ 278

Third-party cost orders; disclosure ‘There will be palpable relief among solicitors that the payment of disbursements and provision of credit has roundly been dismissed as a test for establishing that a funder is “a real party” to proceedings.’ On 10 April 2013 the Court of Appeal handed down judgment in the conjoined appeals in Flatman …

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Costs: Confusion reigns

Paul Jones reviews the transitional arrangements relating to detailed assessment of costs ‘Part 36 offers will now be a relevant factor in relation to the costs of detailed assessment as will any other “admissible offer to settle”, which would, presumably, exclude without prejudice offers but allow open offers and Calderbank offers.’ The 1 April reforms …

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