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Personal Injury Law Journal: March 2014
Anthony Gold

Ian Peters and Richard Cropper discuss the comlexities of a recent settlement

This article explains the case of a Brazilian national who suffered a catastrophic brain injury while residing in London. It deals with her legal team’s efforts to repatriate her and to ensure that she was returned to a safe environment with sufficient care and support. The main focus of the article is the action taken by her legal team to ensure that she had financial security for the rest of her life. This involved agreeing the first reported periodical payment order involving a foreign jurisdiction.

Paul Jones examines what the position is when a client loses capacity part way through proceedings

In many cases where a claimant is seriously injured, there may be issues over the claimant’s mental capacity and how this may affect any claim made on their behalf. The recent case of Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2014] considers the important issue of what happens to the claimant’s retainer with their solicitors when capacity is lost part way through the case.

Sally Cowen highlights a recent Court of Appeal decision which held a supermarket was not vicariously liable for the actions of a staff member who attacked a customer

The recent Court of Appeal decision of Ahmed Mohamud v WM Morrison Supermarkets Plc [2014] reinforces the principle that an employer will not be vicariously liable for the actions of their employee in all circumstances.

Following a more stringent judicial approach provides practical advice on how to vacate a trial due to ill health of a witnessJohn Collins

We are all sadly familiar with the last-minute application for an adjournment backed by a doctor’s note, on the grounds that the defendant, claimant or important witness is unfit to attend court. Almost inevitably, the note in question is unsatisfactory or insufficient. It frequently takes the jejune form of ‘Mrs X is suffering from an anxiety state and is unfit to attend court’, and that is all.

Simon Gibbs advises how to approach offers following the revocation of r47.19

The Jackson costs reforms have introduced amended rules in relation to the making of offers in detailed assessment proceedings and the consequences of such offers. Despite being almost a full year into the new regime practitioners are still struggling to make full sense of the new rules.

Lianne Naughton considers the clear message of Mitchell, if you are getting into trouble complying with the court timetable make an application to extend time

The year 2013 saw an amazing change in the legal landscape. Some might say for the better. Most would not.

Anna Macey explores the potentially wide ranging effects of the recent Court of Appeal decision in Haxton v Philips Electronics Ltd

In this unusual case the Court of Appeal had to decide whether a claim for diminution in value of a dependency claim under the Fatal Accidents Act was a recoverable head of damage at common law.

Duty of care; assumption of responsibility; causation

Did the defendant college owe a 21-year-old student a duty of care for his catastrophic injury suffered on its premises during an events day organised and managed by the students?