December 2016/January 2017 #151 – Law Journals

Settling Claims: Counting the cost of rejection

The High Court has ruled that a claimant’s part 36 offer was a counter offer, consequently an earlier without prejudice offer was no longer open for acceptance. Gemma Witherington reports ‘It has long been the position that, unless it is withdrawn, a Part 36 offer can be accepted notwithstanding any prior rejection or counter offer.’In …

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Case Report: Edwards v London Borough of Sutton [2016] EWCA CIV 1005]

Contributory negligence; Occupiers Liability Act 1984; dangerous state of premises ‘Judge Gore QC also concluded that while the defendant was not obliged to fit railings it had been under an obligation to warn users of the “dangerously low parapet”.’On the 10 September 2010, while wheeling his bicycle across an ornamental footbridge in one of the …

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Patient Autonomy: Doctors’ duties in obtaining consent

Paul Sankey highlights the ongoing implications of Montgomery v Lanarkshire Health Board ‘Patient autonomy has largely displaced paternalism. This is a significant shift in the law to reflect changes in contemporary culture.’ A very significant change in the law took place in March 2015 which has serious implications for doctors discussing options for treatment with …

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Electronic Billing: The new bill of costs is coming

Alexander Hutton QC shares his insight into the revised Practice Direction 51L ‘Sir Rupert’s conclusions required the marrying up of contemporaneous electronic time recording with importation of that data straight into an electronic form of bill of costs without one needing to reinvent the wheel every time as is the case presently.’ On 3 October …

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Aviation Law: International claims in emergency evacuation incidents

James Healy-Pratt gives a valuable insight into the potential problems practitioners might encounter when dealing with claims after aviation accidents ‘Emergency evacuation cases present complex legal and technical challenges. It is also worth noting that these types of accident can frequently be seconds away from a very different and more deadly conclusion.’As a helicopter pilot, …

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Shoulder Dystocia: An ever-changing landscape

Mamta Gupta reviews the continuing developments in the understanding of obstetric brachial plexus injuries ‘New data following recently completed trials have shown that a substantial majority of OBPIs can be prevented with accurate management, as per the Green-Top Guidelines, and therefore must be caused mostly by actions or omissions of the accoucheur.’The medical landscape around …

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Costs: Costs management and detailed assessment

Paul Jones discusses the degree judges are bound by the approved costs budget ‘Budgets are intended to provide a form of control rather than a licence to conduct litigation in an unnecessarily expensive way.’ Costs budgets were a central pillar of Lord Justice Jackson’s civil litigation reforms with the stated intention that they would deliver …

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Damages Awards: Keeping it in control

Philippa Barton investigates the risks and pitfalls of sending damages to vulnerable clients ‘If there is any risk the client may not be able to manage the damages award in their own best interests, the first step is to obtain a formal assessment of capacity.’Most personal injury practitioners will at some time or another act …

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