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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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MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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