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Left to sink or swim on the piste

17 June 2010 / Brent Mcdonald
Issue: 7422 / Categories: Features , Personal injury
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Brent McDonald provides some clarity to the correct approach in cases involving trips abroad

This month many personal injury practitioners will be nervously waiting for the Court of Appeal’s decision in Dixie v British Polythene Ltd. In Dixie it will be remembered that the Court of Appeal is being asked to determine whether the judge was right to hold that a strike out for a failure to serve proceedings in time precludes a second action started outside the primary limitation period being saved by a s 33 application. This practitioner knows of a number of cases that depend on the outcome.

In the meantime, two recent cases are worthy of mention. In the first, the Court of Appeal clarified to test to be applied in claims relating to accidents suffered during holidays abroad; and the second provides the latest guidance as to the preferred way to assess claims for future loss of earnings by disabled claimants.

In Gouldbourn v Balkan Holidays Ltd and Anr [2010] EWCA Civ 372,

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Quinn Emanuel Urquhart & Sullivan—Andrew Savage

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Charles Russell Speechlys—Robert Lundie Smith

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Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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