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Personal Injury Law Journal: February 2012

David Hills looks at the future of prosthetic provision for amputees

In personal injury and medical negligence cases involving amputation, the cost of prosthetic provision can, in many cases, represent the greatest part of a claim. Over the past couple of decades we have seen a massive step forward in technology in general, and much of this has found its way into prosthetics with the introduction of ultra-lightweight materials, very small microprocessors, lightweight motors and micro-hydraulics.

Morgan Cole

Philippa Dunstan discusses the confusing issue of what constitutes a ‘road’ and ‘road traffic accident’ and the interface between motor insurance and employers’ liability insurance

Under what circumstances do we find that a vehicle collision is not in fact an RTA for insurance purposes and/or is it not covered by a motor policy of insurance? This article will look at two such circumstances, seeking to review case law and the effect of recent legislation where:

Paul Jones considers the cost consequences of pre-issue Part 36 offers

CPR Part 36 gives rise to a fair number of reported cases. At its heart it is quite simple: a mechanism whereby a party can out their best offer forward and, if they then go on to better that offer, reap the rewards in costs. As such, it is very widely used and this, inevitably, gives rise to arguments about the nuances of the rules and their application. The recent case of Solomon v Cromwell Group; Oliver v Doughty [2011] illustrates the point nicely.

Kennedys

Laurence Gilford analyses CPR Part 25 and the Electricity at Work Regulations 1989

On 22 July 2010, the claimant, while operating a lorry-mounted crane to move accommodation units at an annual music festival, was given an electric shock by live overhead cables. He sustained horrific immobilising injuries with an inability to communicate and subsequently required 24-hour care.

Amanda Fyffe contemplates the implications of reform on loss of pension claims

As part of the government’s drive to ensure more people are prepared financially for their retirement, from the end of this year (October 2012) all employers will have to provide employees with a workplace pension. These pension reforms have been written about extensively in the wider media from an employment/business perspective, but the impact on personal injury and fatal accident claims so far seems to have been rather overlooked. There is bound to be an increase in the number of pension claims being brought. In fact some insurers/advisers are already reporting pension claims being made in advance of this October’s reforms.

RTA victims; criminal activity

The issue of whether a claimant should succeed in an action in tort, which occurs during criminal activity, at first appears a straightforward one. The policy argument against allowing such a claim is strong, based primarily on the principle of ‘ex turpi causa’.

Julian Matthews examines the psychological impact of clinical accidents, and the important role lawyers may have to play in the psychological health of those at the centre of clinical negligence litigation

Stories are part of the bedrock of human existence. The closest connection between parents and children is frequently bedtime storytelling, and family stories from childhood are the best loved and remembered. Children then go on to create their internal world view following the narrative threads they have been given, acting out the fantasy worlds of Disney, Harry Potter, Star Wars, or The Famous Five, and later, and less obviously, the contained structures of series such as Friends or the Twilight novels and films. This human attachment to stories is just as present in adults, despite greater disguise. The dedication individuals have to their career, family, or other areas of important activity such as charitable work can be seen to spring from an underlying narrative which sets both objectives and path, as well as the texture and content of their life.