Should there be an agreed protocol in personal injury claims governing the recording of medico-legal examinations? The issue of recording medico-legal examinations has been rumbling around in personal injury claims, especially when allegations of fraud or dishonesty are raised by a defendant. The question has recently come to light in a High Court decision in… Continue Reading
Part 39 of the Civil Procedure Rules provides “the general rule is that a hearing is to be in public.” Anonymity can be applied for and under CPR Rule 39.2 (4) “the court may order that the identity of any party or witness must not be disclosed if it considers non-disclosure necessary in order to… Continue Reading
The Athens Convention is an international convention concerning international carriage and transport and aims to create an international code replacing different domestic rules of different Countries and States. Accidents at sea are governed by the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974. In England and Wales a three… Continue Reading
Prior to the commencement of legal proceedings in a personal injury claim the parties will engage in pre-action correspondence with a view to narrowing any issues and seeing if it is possible to resolve the claim amicably without the need to issue legal proceedings. Sometimes one of the parties may wish to have sight of… Continue Reading
Anna Tuson v Debbie Murphy, Court of Appeal [2018] EWCA Civ 1461. Judgment date 22nd June 2018. Anna Tuson fell from a horse at the defendant’s riding school and broke her right arm on 19 August 2010. She subsequently developed obsessive compulsive disorder (OCD) which two psychiatrists attributed to the accident. Liability was admitted subject… Continue Reading
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