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17 June 2010 / Brent Mcdonald
Issue: 7422 / Categories: Features , Personal injury
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Left to sink or swim on the piste

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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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Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
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The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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