Last updateTue, 24 Feb 2015 5pm

Personal Injury Law Journal: April 2014
Farrer & Co

In the first of a two part article Christopher Jessel analyses the difficult issues which arise when pursuing injury claims which occurred on recreational land

If someone goes for a walk and suffers an injury as a result of the condition of the land, for instance by stumbling into a pothole, falling over a cliff or tangling with barbed wire, can they claim compensation from the owner or occupier? Areas used for recreation include public footpaths and bridleways, open country under the National Parks and Access to the Countryside Act 1949 (the 1949 Act) and the Countryside and Rights of Way Act 2000 (the CROW Act), municipal parks and country parks, town and village greens, the foreshore, and private parks and gardens opened to the public.

Bill Braithwaite QC considers the need for financial planning at an early stage in catastrophic injury

When I started in silk, over 20 years ago, life care planning was developing in America. In the early to mid-1990s it took hold here and I have had it as a standard part of my consultations since then.

Paul Jones advises when it is appropriate to issue costs-only proceedings

Any practitioner who deals with costs will almost certainly have either issued costs-only proceedings or been on the receiving end of the same. It is a very common mechanism whereby costs in non-litigated cases can be assessed by the court where agreement between the parties is not possible. However, the recent case of Knowles v Goldborn [2014] offers a cautionary tale about when it is appropriate to issue costs-only proceedings and when it is not.

Deirdre Goodwin provides analysis and considers the effect of a finding of incapacity to conduct proceedings upon the status of settlements not approved under CPR r21

In February 2013 this journal published an article on the Court of Appeal ruling in Dunhill v Burgin on the scope of and test for mental capacity (‘Masterman-Lister and Bailey v Warren revisited’, by Deidre Goodwin, PILJ112, p6). It also considered the consequent case management decision of Mr Justice Bean, following remission to the High Court for determination of the effect of a finding of incapacity on a settlement entered into by the claimant in 2002 when she did not have the benefit of a litigation friend and court approval was not obtained under CPR part 21.

Assault; Human Rights Act 1998; police investigation

The case involved claims for declarations and damages by two of the victims of the ‘black-cab rapist’ John Worboys against the defendant Commissioner for failing to conduct an effective investigation into their allegations of sexual assault dating back to 2002 and 2007 respectively. Both women made complaints to the police who commenced investigations but failed to bring Worboys to justice until 2009.

Nigel Cooksley QC and Rosalie Snocken identify the problem areas and advise against settling too early

This article considers how those representing claimants in serious brain injury cases can maximise the damages to be received by their client, focusing upon the gathering of evidence ready for preparation of the schedule.