March 2011 #93 – Law Journals

Parental Rights: Whose baby is it anyway?

Susan Freeborn assesses the legal status of the fetus ‘The proposition to tackle is this: the fetus has a right to life against everyone in the world except its mother. The only person who may, with the law’s blessing, end the life of the fetus is the mother of the fetus.’ Why is it that …

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Costs: Model awards

Andrew Hogan considers whether we have reached the end of success fees ‘The hearing before the House of Lords took place prior to the quantification of the success fees, so argument took place without the hard figures to hand.’ On 18 January 2011, the Fourth Section of the European Court of Human Rights handed down …

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Knife Crime: Nightclub violence and beyond?

Tim Petts looks at how far Everett v Comojo (UK) Ltd [2011] can take us ‘The case establishes a general duty on nightclubs to protect guests from reasonably foreseeable harm caused by other guests.’ The basic facts of this personal injury claim are sadly not uncommon, and those with experience in criminal practice (or who …

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Contraceptive Claims: Magic chip?

Stephanie Prior reviews the legal implications of the Implanon contraceptive device ‘Recent controversy surrounding the implant has arisen as women have reported unwanted pregnancies and injury or scarring. The total number of women affected could be far higher.’Over the last 12 years, Implanon, the only subdermal contraceptive available in the UK, has been used by …

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Investment: Increase in protection for cash balances

Nick Leech and Andrew Sands outline recent developments in the protection of cash balances, and the impact for personal injury victims ‘The increase is welcome, but is not nearly enough to provide an adequate level of protection for those in receipt of substantial personal injury awards.’ Much of the economic and financial news over recent …

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Damages: Surveillance evidence

Simon Emslie investigates how insurers can strike back ‘The insurers took the view that the picture presented by these videos was so different from that presented at trial that the only inference that could be drawn was that the claimant had made a far better recovery than he had claimed and that he had deliberately …

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Costs: Concluded at trial

Paul Jones discusses when a 100% success fee applies ‘If a case settled less than 14 days before the date fixed for commencement of the trial, a 50% success fee would apply, but if the trial actually commenced, a 100% success fee would apply.’ Fixed success fees in RTA claims, accidents at work and industrial …

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