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Personal Injury Law Journal: December 2011/January 2012

Paul Jones analyses the most noteworthy cases over the past year

The end of the year seems like a good time to survey what has happened in the world of legal costs in 2011. Here we have a quick survey of the last 12 months.

Morgan Cole

Following a wealth of decisions in 2011, Simon Cradick reviews an occupier’s liability

In 2011, we saw an unusual number of reported occupier’s liability claims, analysis of which provides a useful illustration of the law in the area. This article reviews these claims and looks at the general principles of the law behind them. We start by reminding ourselves of the relevant statutory provision.

Bill Braithwaite QC discusses the significant issues affecting the world of PI

The current rumour seems to be that the Lord Chancellor might widen the scope of his review to include re-considering whether gilts are the appropriate, low-risk yardstick when deciding what the discount rate should be. I’m not sure whether this rumour has any foundation, but certainly the financial adviser I spoke to about it recently (who is at the forefront on this issue) did not take a pessimistic view for claimants.

Veitch Penny

Mark Fowles looks back at the year’s important personal injury cases

Personal injury litigation has again treated us to some surprises, intellectual puzzles, and dare I say it even excitement (in using that word I am very conscience of Gore Vidal’s comment that ‘for certain people, after 50, litigation takes the place of sex’).

Simon Readhead QC explores what’s new in Ogden 7

The new edition of the Ogden Tables (Ogden 7) was released on 10 October 2011 by the Government Actuary’s Department (GAD). The previous tables (Ogden 6) were published in March 2007 and contained multipliers based on projected mortality rates derived from the 2004 based population data sets and projections for the UK published in October 2005 by the Office for National Statistics (ONS). These mortality tables are now considerably out of date and Ogden 7 uses the more recent 2008-based population data sets and projections for 2011.

Catherine Grubb considers the duty of care owed for concealed hazards

While people around the world were enjoying the Rugby World Cup in New Zealand this year, rugby was also the focus of the Court of Appeal in the case of Sutton v Syston Rugby Football Club Ltd [2011]. Mr Sutton sustained a nasty gash on his knee from a broken cricket boundary marker left on the pitch as he was diving to score a try. This injury is likely to cause him progressive problems as he reaches late middle age. He brought a claim against his club saying that one of the coaches should have inspected the pitch before the training session and that if this had been done the remains of the boundary marker would have been discovered and he would not have been injured.

Employer’s liability; Workplace Regulations 1992

This case provides important guidance on the proper construction of the words ‘suitable and sufficient’ in reg 12(5) of the Workplace (Health, Safety and Welfare) Regulations 1992 (the Workplace Regulations).