November 2011 #100 – Law Journals

ATE: The right of recovery

Simon Brown considers the liability of ATE insurers to a successful defendant ‘An ATE insurer will ordinarily be liable under the terms of the policy to the insured. But does a successful defendant have to pursue a claimant in the expectation that the claimant will join the insurer or can the defendant pursue the insurer …

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Costs: The return of Trafigura

Paul Jones discusses issues of proportonality ‘Issues such as proportionality, abandoned claims, costs of funding, success fees and ATE premiums form major elements in many costs disputes and it is helpful to have a current view of these issues.’ The costs dispute following the settlement of the group action against Trafigura, after the alleged illegal …

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Case Report: Jones v Ramshaw [2011] (unreported 5 September 2011)

Liability; psychiatric injury; secondary victims The judge preferred the claimant’s psychiatrist’s diagnosis of PTSD over the defendant’s psychiatrist’s diagnosis of deep grief.This case provides an illuminating consideration of the scope of liability in this difficult area of law. Facts On 2 November 2006, the claimant’s daughter was one of four teenage girls in the back …

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Motorcyclists: Safety first

Richard Cole investigates personal injury claims involving motorcyclists ‘This article concentrates on the more common cases involving motorcyclists, namely accidents that occur through overtaking and at junctions (often with a combination of both).’ Case law emanating from the appellate courts concerning road traffic accidents often involve claims brought by motorcyclists. This may well be because …

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Interim Payments: Continue to advance with caution

Dr Jock Mackenzie and Richard Lodge have another look at the Eeles principles ‘Difficulties remain in obtaining interim payments large enough to fund the purchase and adaptation of a suitable property prior to trial.’ In our article ‘Advance with caution’, PILJ88, September 2010, p2 (not available online), we concluded that at interim payment applications, the …

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Motor Claims: The role of personal injury lawyers

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Dr Manda Holmshaw and Wilson Carswell examine the psychological consequences of road traffic accidents ‘What is less well known is that a high proportion of these casualties will develop one or more psychological conditions as a direct result of the road accident.’ This article attempts to provide personal injury lawyers with an understanding of how …

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Evaluating Claims: Successive causes of injury: the causation conundrum

Julian Matthews assesses the difficult legal issues that arise when multiple causes give rise to a compound injury ‘In clinical negligence cases, the complexity of the factual matrix means that the fine line between recovery and no recovery is regularly tested.’ Most clinical negligence litigation arises out of adverse outcomes secondary to medical intervention required …

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