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Back Issues...
The articles that have appeared in Personal Injury Compensation during 2006 are listed here by subject area. The articles for 2005 and 2004 are given at the bottom of the page and further years will be added in due course. If you would like to purchase a back issue, please click here or call +44 (0) 20 7017 5540
Index to volume 22 - January to December 2006:
The first figure denotes the issue number, the second figure is the page number
Access to Medical treatment
- Alzheimer’s drugs appeal refused 10/7
Asbestos injury 5/1
- House of Lords rules on causation 5/1
Acts
- Accidents Involving Animals (Strict Liability) Bill 8/8
- Animals Act 1971 s.2(2)(a) and (b) 8/7
- Civil Liability (Contribution) Act 1978 2/10 s.14(1) 6/11, 6/12
- Companies Act 1985 s.425 8/5
- Compensation Act 2006 10/1, 10/2 s.3 9/5
- Coroners Act 1988 s.13 6/7
- Coroners Act 1988 s.11(2) and the Coroners Rules 1984 r.37 6/7
- Damages (Scotland) Act 1976 10/3
- Disability Discrimination Act 1995 10/8 s.6(1) 10/8
- Employers’ Liability (Compulsory Insurance) Act 1969 8/5
- European Communities Act 1972 s.2(2) 5/8
- Factories Act 2/5
- Family Law (Scotland) Act 1993 10/3
- Fatal Accidents Act 1976 2/7, 4/1, 4/11
- Health and Safety at Work Act etc 1974 2/5
s.2, s.2(1), s.3, s.4 6/5, 6/8, 9/10 s.15(1), s.47(2) 5/8
- Highways Act s.41, s.58 11/3
- Human Rights Act 1998 5/3, 5/4
s.3, s.3(1) 4/3 6/1 s.4 6/1 s.7(5)(a), s.7(5)(b) 6/8 s.6 6/8
- Human Rights Act 2000 4/3
- Law Reform (Miscellaneous Provisions) Act 1934 2/7, 6/8
- Limitation Act 1980 10/5, 11/6 s.2, s.11(1) 4/3, 4/4 s.11 9/1 s.11(4) 4/4 s.33 4/4, 9/1
- Medical Act 1983 s.40 11/8
- New South Wales Motor Accident Compensation Act 1999 8/6
- NHS Redress Act 2006 11/11
- Powers of Criminal Courts (Sentencing) Act 2000 s.118 10/9
- Prescription and Limitation (Scotland) Act 1973 8/2
- Private International Law (Miscellaneous Provisions) Act 1995 s.12, s.14 8/6
- Protection from Harassment Act 1997 9/2
section 1, section 2, section 3, section 3(2), section 10, section 18B 8/1, 8/2, 8/3
- Occupiers Liability Act 1957 1/9, 3/7, 9/4 section 2 1/9
- Occupiers Liability Act 1984 s.1(1)(a) 2/11
- Road Traffic Act 1988 10/7 s.22A(1)(a) 3/6
- State Immunity Act 1978 6/1
- The Highways Act 1980 s.41, s.66, s.66(2), s.66(3) 6/4
- Third Parties (Rights against Insurers) Act 1930 Section 3 8/5
Bills
- NHS Redress Bill 10/4
- Scottish Damages Bill 10/4
- The Compensation Bill 8/6
- The Corporate Manslaughter Bill 1/1, 4/11
- The NHS Redress Bill 4/4, 4/5, 4/6, 4/7
- The Rights of relatives to damages (Mesothelioma) (Scotland) Bill 10/3
- Breach of statutory duty 5/7
Cases covered
- A v B Hospitals NHS Trust [2006] EWHC 1178 (QB) 6/9
- A v Hoare 4/2
- AD and another v Bury Metropolitan Borough Council [2006] EWCA Civ 1 1/5
- Adam v Ali [2006] EWCA Civ 91 4/4
- Air France v. Saks 470 US 392 (1985), 403-4 3/9
- Al-Adsani v United Kingdom (2001) 34 EHRR 273 6/4
- Allen & ors v BRE (2001) 2/4
- Archibald v Fife Council (2004) UKHL 32, (2004) 4 All ER 303 10/8
- Atkins v Ealing London Borough Council [2206] EWHC 2515 (QB) 11/3
- Austin Rover Group Ltd v HM Inspector of Factories (1990) 1 AC 619 6/5
- Badger v Ministry of Defence [2005] EWHC 2941 (QB) 1/10
- Bailey v Warren [2006] EWCA Civ 51 2/8
- Baird Textile Holdings Ltd v Marks & Spencer plc (2001) EWCA Civ 274,
(2002) 1 All ER (Comm) 737 11/5
- Barber v Somerset CC (2004) UKHL 13 (2004) 2 All ER 385 4/2, 8/4
- Barker v Corus (UK) Ltd [2006] UKHL 20HL 3 May 2006 5/1, 6/12, 8/5, 8/6
- Barker v Corus 10/3
- Blamire v South Cumbria Health Authority (1993) PIQR 1 8/9
- Bland and another v Morris and others [2006] All ER (D) 87 (Jan) 1/8
- Bolitho v City and Hackney Health Authority (1997) 3 WLR 1151 2/5, 2/6
- Boothman v British Northrop Ltd (1972) 13 KIR 112 1/10
- Bottomley v Todmorden Cricket Club (2003) EWCA Civ 1575 11/1
- Boys v Chaplin (1971) AC 356, (1969) 3 WLR 322 8/6
- Brookes v S Yorks Passenger Transport Executive (2005) 2/4
- Brown v Corus (2004) 2/4
- Brown v Grosvenor Building Contractors Ltd CA (Civ Div) 10 February 2006-03-16 2/9
- Brown v Minister of Defence [2006] EWCA Civ 546 5/5
- Buck v Attorney General (1965) Ch 745 5/8
- Burne v A [2006] EWCA Civ 24 2/5
- C v D and Another [2006] EWHC 166 (QB) 3/4
- C v Middlesbrough Council [2004] EWCA Civ 1746 4/3
- Cameron and Others v Network Rail Infrastructure Ltd [2006] EWHC 1133 6/8
- Caparo Industries plc v Dickman [1990] 1 All ER 568 1/7
- Caparo Industries plc v Dickman [1990] 2 AC 605, 618 1/4
- Cartledge v Jopling and Sons Ltd [1963] AC 758 2/1
- Chambers v Excel Logistics Ltd CA (Civ Div) 7 June 2006 6/8
- Chaplin v Hicks [1911] 2 KB 786 5/2
- Charles v Hugh James Jones & Jenkins (a firm) (2000) 1 WLR 1278 4/9
- Christopher Partington (Deceased) v The Greater Manchester Strategic Health Authority 1/10
- Clark v Bowlt [2006] EWCA Civ 978 8/7
- Clough v Frist Choice Holidays & Flights LTD [2006] EWCA Civ 15 2/11
- Coal Mining Contractors v Davies & Others; department of trade & Industry & Another [2006] EWCA Civ 1360 11/2
- Commissioner of Police for the Metropolis v Reeves (1999) 3 WLR 363 3/6
- Constable v Salford and Trafford Health Authority and Another [2005] EWHC 2967 (QB) 1/6
- Corr v IBC Vehicles Ltd [2006] EWCA Civ 331 4/1
- Court of Appeal (2005) EWCA Civ 251, (2005) QB 848) 8/1
- Court of Appeal (including (2004) EWCA Civ 545, (2005) 3 All ER 661) 7/1
[Click here for full list of cases...]
Casenotes from contributors 2/7, 5/9, 8/10, 11/11
- Abuse of elderly patient by carers, including force feeding of talcum powder 9/7, 9/8
- Claims compromised by telephone agreement 2/9
- Clinical negligence – bladder cancer 5/10
- Clinical negligence – Failure to treat malaria resulting in Chronic Fatigue Syndrome 8/11
- Fraser v Motor Insurers’ Bureau 8/10
- Inappropriate monitoring of cannula site 9/9
- Neonatal death: failure of trust to disclose true cause of neonatal death – injudicious use of forceps 1/10
- Settlement of claim for injury to leg 5/9
- The test for mental capacity in relation to decisions about litigation 2/8
Clinical negligence 1/6, 5/3
- Bolitho correctly applied 2/5
- Causation 9/6
- Causation in clinical negligence 10/6
- Claim against cardiologist failed 3/11
- Dispute over safety of prosthetic leg 2/6
- Duties of local authorities and doctors in child abuse cases 5/3
- Duty of care outside the doctor-patient relationship 1/7
- Extent of the duty of care in negligence 6/11
- Failed abortion claim case rejected 9/7
- Failure to treat malaria resulting in Chronic Fatigue Syndrome 8/11
- Further questions about the Northwick Park incident 4/8
- Healthcare Commission criticized over role in NHS ‘complaints’ 9/7
- Legal position of independent orthopaedic surgeon 11/4
- No duty of care to parents in child abuse investigations 11/5
- No negligence when infant developed rare brain condition 6/12
- NPSA encourages openness 5/4
- Parents obtain settlement of claim for death of twin 10/6
- Patient given radiation dose dies 10/6
- Wrong site surgery claims ‘rise’ 10/6
Compensation for torture 6/1
Conditional fee agreements 9/11
Contributory negligence 8/7
Coroners’ cases
- Cases dealing with deaths in custody are reported on a fairly frequent basis. 5/6
- Fresh evidence required fresh inquest 6/7
- Fresh inquest ordered 11/10
- Human Rights issues 11/10
- Inquest into death at Oakwood Theme Park 5/7
- Railtrack not a public authority for Human Rights Act purposes 6/8
- Reform of the Coroner system 11/11
- The Coroner Reform Bill 6/6
Corporate manslaughter 1/1
Damages
Death certification
- Poor-quality autopsies cause concern 10/10
- UK doctors are cautious about ‘ending lives’ 10/11
Deep Vein Thrombosis: A fertile source of litigation? 3/7
Disability law 10/8
Employers’ liability 6/10
- Asbestos litigation 8/5
- Alleged exposure to uranium 3/2
- Contributory negligence of employee 3/2
- Extent of the duty of care in a subcontracting situation 11/1
- Failure to ensure adequate breaks for workers violates EU law 9/3
- Further clarification of Protection from Harassment Act 1997 8/3
- Group litigation 11/2
- House of Lords confirms relevance of harassment in employment 8/1
- New timetable for construction design regulations 3/3
- No liability where injury was not foreseeable 2/9
- Psychiatric injury and bulling 9/2
- Survey finds that black teachers face bulling and racism 9/3
- Unknown cause of death 8/4
- Upper-limb disorders 3/1
- Vicarious liability 2/10
Employment matters
- Evidence that cancer patients’ are treated unfairly at work 10/8
- Employers are less likely to employee people who are mentally ill 10/9
Euthanasia
- No prosecution over assisted suicide 10/8
Evidence
- Medical report considered unreliable in immigration case 10/11
Expert witnesses
- No immunity for medical expert witnesses 11/7
- Government proposals for reform 11/9
- Use of experts: procedural matters 11/9
Funding of care
- Cost of NHS Care for disabled people 3/10
Health and safety 5/8, 6/5
- Amendment to the management of health and safety at work regulations 4/9
- Appeal in health and safety case 9/10
- Childcare providers fail to meet health and safety requirements 9/10
- Consultation by Health and Safety Commission 5/9
- Damning verdict expected on railway crossing accident 10/9
- Enforcement of health and safety provisions 6/6
- European Parliament to vote on new needlestick injury rules 5/9
- Hospital guilty of breaches of health and safety 4/10
- Interpretation of Regulations 5/8
- Judgment reserved in Hatfield rail crash appeal 5/9
- Rail executives found guilty of killing four with runaway wagon 4/10
- The importance of training 11/3
- Unduly lenient sentence for gross negligence 10/9
Highway injuries 6/4
Holiday injuries 2/11
In brief
- Attorney General intervenes in Meadow case 5/12
- Autism may be connected to hours spent watching television 10/12
- Better training may reduce caesarean section rates 11/12
- Bill to deal with adverse effects of Barker ruling 6/12
- CICA criticised 9/12
- Criminal law issues in hospitals 3/12
- Debate required on public health 5/12
- Drug trial families given apology 3/12
- Elderly at risk of medication errors 9/12
- Health and Safety charge over de Menezes 8/12
- Mental health policy in NHS criticised 10/12
- Milk with antibiotics is banned amid fears 10/12
- Mother to claim over retention of child’s brain 9/12
- MPs warn that transplant law is doomed to failure 11/12
- Overhaul of Criminal Injuries Compensation Scheme 4/12
- Patient’s healthy kidney removed 3/12
- Patients infected by contaminated blood seek extra compensation 5/11, 8/12
- Prison inmates receive £4m in compensation 5/11
- Surgeons unhappy about ability to GPs to operate 11/12
- US Panel finds no evidence of Gulf War Syndrome 9/12
Injuries in prison
- Duty of care to prison officers 3/6
- Psychiatric injury in prison 3/5
Limitations 4/4, 11/6
- House of Lords overrules earlier decision on limitation issue 9/1
Medical devices
- Silicone gel controversy rekindled 4/7
Medical error 11/11
Negligence
- No duty of care owed to parents 1/4
Non accidental injury
Occupiers’ liability and negligence 3/7
- Child trespassers 2/11
- Duties to contractual and non-contractual visitors 9/3
- Foresight under section 2 Occupiers Liability Act 1957 1/9
- Industrial diseases: Excitations in the Court of Appeal…? 2/3
- Litigation concerning lung disease 2/1
Policy issues
- New financial eligibility levels for civil legal aid 4/12
- Changes to tribunals 4/12
Post traumatic stress disorder 8/8
Prisons 9/11
Procedural matters
- Costs relating to medical reports and records 9/10
- New Model Order for periodical payments in claims against NHS of Foundation Trusts 8/10
Product liability
- UK patients given grafts with ‘Stolen bone’ 10/7
Progress of legislation 11/11
- The Compensation Act 2006 9/5, 10/1
- Carpenter awarded £400,000 damages settlement 9/6
- Implementing the Compensation Act 2006: regulation of claims management 10/1
- NHS Redress Act 2006 9/6
- Scotland adopts measures to protect mesothelioma victims 10/2
- The NHS Redress Bill: real reform or mere packaging 10/4
Psychiatric injury
- Claims by police officers for stress struck out by Court of Appeal 4/2
- Foresight of suicide in Fatal Accidents Act claim 4/1
- Psychiatric injury and limitations – challenge to Stubbings v Webb 4/2
Quantum 6/8
- Calculation of future pecuniary damages 5/5
- Cost of future care 6/9
- Damages for injuries suffered during birth 5/6
- Loss of future earnings 6/10
- Medical evidence concerning loss of earnings 6/8
- Mitigation of losses 8/9
- No deduction to reflect possible continued availability of local support 2/12
- Research could lead to fairer pay-outs for accident victims 10/10
- The context of education 3/11
Regulations
- Conditional Fee Agreements Regulations 2000 9/11
- Construction (Design and Management) Regulations 3/3
- Construction (Design and Management) Regulations 1994 (SI 1994 3140) 3/3
- Construction (Health, Safety and Welfare) regulations 1996, reg.5(2) 2/9
- Construction (Health, Safety and Welfare) Regulations 1996 (SI 1996 1592) 3/3
- Health and Safety (Display Screen Equipment) Regulations 1992 Reg.2, 4, 6 3/1
- Management of Health and Safety at Work Regulations 1992 3/1
- Management of Health and Safety at Work Regulations 1999 4/9, 4/10
- Management of Health and Safety at Work Regulations 1999 reg.21 6/5, 9/10
- Management of Health and Safety at Work (Amendment) Regulations 2006 4/10
- Manual Handling Operations Regulations 1992 reg.4 5/7
- Provision and Use of Work Equipment Regulations 1998 reg.4, reg.11, reg.11(2)(d) 11/3
- Railways (Safety Case) Regulations 2000 6/8
- Supply of Machinery (Safety) Regulations 1992 5/8
- Working Time Regulations 1998 reg.5(4) 3/4
- Workplace (Health, Safety and Welfare) Regulations 1992 8/4
Risk management 5/3
Road traffic cases/accidents
- Accidents Involving Animals (Strict Liability) Bill aims to amend the Animals Act 1971 8/8
- Accidents outside the jurisdiction 8/6
- Animals on the highway 8/7
- Apportionment of liability 1/8
- Causing death by dangerous driving 10/7
- Conflict of views about injuries 4/11
- Contributory negligence 8/7
- Dangerous manhole cover (Highway accidents) 11/3
- Extent of a driver’s duty to other road users 11/6
- Pedestrian crossed road against a red light 4/11
- Private Member’s Bill to deal with animals 8/8
- Reasonable bystander test applied 3/6
- What is a safe speed? 1/8
Smokers and the law
- Smokers and contributory negligence 1/9
Work stress
- Stress and harassment 3/3
- The importance of foresight 3/3
- Deliberate acts causing psychiatric injury 3/4
European legislation
- European Commission Directive 2000/54/EC 5/9
- European Communities Act 1972 s.2(2) 5/8
- European Convention on Human Rights 1950 Art.2 3/5, 4/3, 5/6, 6/8, 11/10
- Art.6 6/1, 6/2
- Art.6(1) and article 1 protocol 1 6/2, 6/3
- Art.8, Art.8(2) 5/3, 5/4
- European Council Directive 89/392 5/8
- Warsaw Convention 1929, Article 17 3/8
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Index to volume 21 – January to December 2005:
The first figure denotes the issue number, the second figure is the page number
Book review:
- Principles of Medical Law (2nd edition) 2/7
Claims against the police:
- Austin and Another v Commissioner Of Police For The Metropolis 5/8
Clinical negligence:
- Failure to observe self-harming detained patient 2/8
- Loss of a chance 3/1
- Psychiatric negligence; misdiagnosis 3/4
- Successful claim against general practitioner 4/5
- No obligation to ensure that patient understood advice 4/5
- Obstetrics 5/6
- Causation in case involving education psychologist 5/6
- Vicarious liability 5/7
Damages:
- Substance or procedure? 2/4
Employers' liability:
- Asbestos claims 3/6
- Relationship between breach of employment contract and liability in tort 4/2
- Absolute duty under the Provision and Use of Work equipment Regulations 1998 4/2
- Employers not liable for psychiatric injury 4/3
- Asbestosis claims 4/4
- Workplace injuries were the fault of the claimant 5/3
- Vibration White Finger 5/3
- Improvement notices 5/4
- Compensation culture reassessed 6/1
- Standard of care expected of general labourer 6/2
- Court of Appeal issues guidance on Vibration White Finger 6/3
- Court of Appeal considers another white finger vibration case 6/4
- Widow fails in claim arising from suicide following accident at work 6/5
European legislation:
- European Convention of Human Rights 1950 5/8, 6/11
- Art 5 5/8
- Art 5(1) 5/8, 5/9
- Art 5(1)(c) 5/8, 5/9
- Art 8 6/10
- European Council Directive 2001/45/EC 5/11
Expert evidence:
- Experts beware: costs penalties could follow if duties to the court are recklessly disregarded 2/9
Health and safety:
- Criminal aspects 4/8
- Evidence required for convictions of gross negligence manslaughter 6/5
- Interpretation of Health and Safety at Work etc Act 1974, s3 6/6
In brief:
- Progress of the Inquiries Bill 3/12
- Repercussions of Shipman Inquiry report 3/12
Insurance issues:
- Interpretation of exclusion clause 6/8
Liability:
- Permission to drive based on honest but mistaken belief 2/1
- Negligent treatment of elderly man in nursing home 2/2
- Validity of car insurance dependent on essential character of journey 2/3
- Council not liable for ice on road 2/4
- Liability for highway injuries 3/11
Occupiers' liability:
- Injuries sustained on holiday 2/10
- Scope of liability under the 1984 Act 5/1
Procedure:
- Costs when award equals offer 2/7
- Costs issues 4/7
- Abuse of process 4/7
Progress of legislation:
- Assisted Dying Bill falls 5/10
Psychiatric injury:
- Psychiatric injury and sexual abuse 4/1
- No duty of care to parents wrongly accused of child abuse 6/9
- Decision in the Hill case is confirmed 6/11
Quantum:
- Dexterity severely affected by failure of paediatric care 2/5
- Loss of a chance 4/9
- Exaggerated personal injuries claim 4/10
Rehabilitation:
- The significance of family care for injured people 2/10
Risk assessments:
- Davis v Stena Line Ltd 5/9
Road traffic cases:
- Extra care required when turning right 4/10
- No reduction for contributory negligence 4/11
- Apportionment 4/11
- Contributory negligence of child pedestrian 6/7
- Apportionment in road traffic claim 6/8
Sports injuries:
- Ruby injury 2/9
- School sports injury 2/9
Cases reported:
- Lloyd-Wolper v Moore and another; CA, Pill and Rix LJJ and Sir William Aldous;
The Times, 6 August 2004 2/1
- Newbury v Davis (1974) RTR 367 2/2
- Keeley v Pashen and another; CA, Brooke, Parker and Keene LJJ;
The Times, 17 November 2004 2/3
- Seddon v Binions (1978) RTR 163 2/3
- Sandhar and Another v Department of Transport, Environment and The Regions;
CA, Brooke, May and Thomas LJJ; The Times, 15 November 2004 2/4
- Sandhar and Another v Department of Transport, Environment and The Regions [2004] EWCA Civ 1440 3/11
[Click here for full list of cases...]
Statutes:
- Road Traffic Act 1998 2/1, 2/2
- section 151 2/1
- section 151(8)(b) 2/1
- part VI 2/2
- Highways Act 1980 2/4
- section 41(1) 2/4, 3/11
- section 41(1A) 2/4
- Railways and Transport Safety Act 2003 2/4
- section 111 2/4
- Private International Law (Miscellaneous Provisions) Act 1995 2/5
- section 11 2/5
- Mental Health Act 1983 2/8
- s.3 2/8
- Package Travel, Package Holidays and Package Tours Regulations 1992 2/10
- reg. 15 2/10, 2/11
- Limitations Act 1980 4/1
- s.2 4/1
- s.11 5/3
- s.33(1) 5/3
- Health and Safety at Work Regulations 1999 4/2
- Management of Health and Safety at Work Regulations 1999 4/2
- reg 16 4/2
- Provision and Use of Work equipment Regulations 1998 4/2
- reg 5 4/2
- reg 5(1) 4/3
- Civil Liability (Contribution) Act 1978 4/12
- s.2 4/12
- Occupiers' Liability Act 1957 5/3
- section 2 5/3
- Occupiers' Liability Act 1984 5/1, 5/2
- section 1(3) 5/1
- Health, Safety and Welfare Regulations 1992 5/2
- reg 5(1) 5/2
- reg 5 5/3
- reg 12 5/3
- Health and Safety at Work etc. Act 1974 5/4
- s.3 6/6, 6/7
- s.21 5/4
- s.23(2) 5/4
- s.33(1)(a) 6/5, 6/6
- s.37(1) 6/5, 6/6
- Protection from Harassment Act 1997 5/5
- s.1 5/5
- s.3 5/5
- Public Order Act 1986 5/9
- s.12(1)(a) 5/9
- s.14(1)(a) 5/9
- Factory Act 1961 5/11
- Section 24 5/11
- Damages Act 1996
- section 2(3)
- Human Rights Act 1998 6/9, 6/10
- Race relations Act 1976 6/11
Statutory instruments:
- The Shipbuilding and Ship-Repairing Regulations 1960 5/11
- The Docks, Shipbuilding etc. (Metrication) Regulations 1983 5/11
- The Docks Regulations 1988 5/11
- The Loading and Unloading of Fishing Vessels Regulations 1988 5/11
- The Workplace (Health, Safety and Welfare) Regulations 1992 5/11
- The Construction (Health, Safety and Welfare) Regulations 1996 5/11
- The Work at Height Regulations 2005 5/11
- The Personal Injuries (Civilians) (Amendment) Scheme 2005 No. 655 5/12
- The Damages (Government and Health Service Bodies) Order 2005 No. 474 5/12
- The National Patient Safety Agency (Establishment and Constitution) Amendment Order 2005 No. 504 5/12
- The National Health Service Litigation Authority (Establishment and Constitution) Amendment Order 2005 No. 503 5/12
- The Damages (Variation of Periodical Payments) Order 2005 No 841 5/12
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Index to volume 20 – January to December 2004 [pdf format]
The first figure denotes the issue number, the second figure is the page number
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