November 2012 #110 – Law Journals

Balcony Falls: Brits abroad

Daniel Scognamiglio and Chris Deacon report on the alarming rise in the number of injuries to British holidaymakers Where an insurer understands that ‘balconing’ may be involved, they can justifiably refuse to pay medical or legal costs or other costs and expenses that may otherwise be covered. There have been 13 recorded incidents (figures from …

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Statutory Reform: Whatever happened to the Third Parties (Rights Against Insurers) Act 2010?

Alison Padfield contemplates the reason for delayed implementation Although the reforms were agreed by the government ten years ago, and modern legislation is now on the statute book, cases continue to be dealt with under legislation from 1930.In July 2001, the Law Commission published a report on ‘Third Parties – Rights Against Insurers’, which recommended …

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Advocate’s Advice: Good experts win cases – bad ones lose them

Bill Braithwaite QC offers the invaluable benefit of his experience Good claimant lawyers want to hear the true opinion of the expert, not what he or she thinks that the claimant or the lawyers would like to hear. I started writing and lecturing about the selection of experts in 1993, and I’ve been going on …

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Costs Management Orders: What is going to happen?

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John Ludman examines significant changes that will come into effect next April relating to recovery of costs It seems sensible and necessary in the future for Bills of Costs to be prepared in a way that illustrates what costs were incurred in respect of each budget category of work, so that the accuracy of the …

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Pain Management: Understanding pain and pain-related disability

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Dr Ian Yellowlees considers how to approach claims involving pain disorders Although many of the changes that occur in central sensitisation are reversible, the likelihood of achieving this seems to decrease with time. Claimants with pain problems are common in the personal injury world. Symptoms often appear at first sight to be out of proportion …

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RTAs: Pedestrian fault in running down claims – a review of recent authorities

Hannah Saxena takes a look at the recent approach taken in cases where a pedestrian has stepped into the road at the last minute and particular analysis of the Court of Appeal’s decisions in Birch v Paulson [2012] and Rehill v Rider Holdings Ltd [2012] While it might be a rare occasion that drivers are …

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Business Restructuring: The end of personal injury lawyers?

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Jeff Zindani investigates the brave new world that faces personal injury lawyers IT, if misused, can make matters worse by adding further layers to an already bureaucratic set of processes. Peter Drucker said that ‘the organisations likely to suffer the most are those with the delusion that tomorrow will be like yesterday’. Background: the winds …

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Coronial Reform: The chief coroner’s vision

Robert Dickason discusses what the future has in store The chief coroner has begun to consult on the possibility of developing groups of coroners with areas of expertise in particular cases, such deaths in custody or where there is suspected asphyxiation from restraint. We should perhaps be a little forgiving of a coronial system described …

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