March 2015 #133 – Law Journals

Criminal Injuries Compensation Authority: A crime of violence?

Anna Macey considers a recent case which highlights the importance of statutory interpretation ‘There was no good reason why criminal law should not equally protect a foetus from conduct resulting from deliberate acts causing foreseeable harm and which resulted in grievous bodily harm evident after birth.’A child (CP) was born with Foetal Alcohol Spectrum Disorder …

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Costs: Proportionality – the road to hell

Paul Jones reviews the attempts that have been made to give guidance on proportionality in costs judgments ‘The Court of Appeal set out a test that courts should apply to determine the proportionality of costs for any given case. They claimed this would solve the problems of interpretation the courts and practitioners were having.’ In …

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Case Report: Professor Carl Heneghan (administrator of the estate of James Leo Heneghan) v Manchester Dry Docks Ltd & Ors EWHC 4190 (QB)

Causation; multi-defendants; asbestos ‘The judge did not accept that a period of exposure that does not increase the risk by more than double can be said to have materially contributed to the cancer.’The High Court ruled on the principles of causation to be applied to a multi-defendant case of asbestos-induced lung cancer. Mr Justice Jay …

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Causation: Reducing damages due to pre-existing conditions – a tenable argument?

Julian Matthews discusses two recent cases which illustrate the potentially far reaching consequences of the rules of causation of damage ‘These cases clearly illustrate that the focus of attention in the assessment of damages in cases where there is a medical or other disability subsisting prior to the date of negligence must be upon the …

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Part 36: Exploring the changes

Stephanie Prior examines the latest changes to the Civil Procedure Rules ‘It is now that there is a complete change to Part 36 and these new changes will come into force and will apply to all offers made after 6 April 2015. These changes are extensive and require careful consideration.’The Civil Procedure Rules came into …

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Advocate’s Advice: Annual review

Bill Braithwaite highlights the major trends in personal injury law that have drawn his interest in the last year, as well as the importance of practical case experience ‘Good management of catastrophic personal injury litigation requires a clear view of how the claim can and should be presented to best advantage.’It’s always interesting for me …

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Health And Safety At Work: Back to 1898

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Tim Trotman outlines the effect of the Enterprise and Regulatory Reform Act 2013 on personal injury litigation ‘No diminution of a pre-existing national standard is permissible by the introduction of a national law intended to implement European health and safety directives.’ Where a breach occurred before 1 October 2013, regulations introduced under the Health and …

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