Articles

Last updated Sunday 23 September, 2007

Permission For Expert
In a multi-million pound clinical negligence case, the District Judge made an odd order...
The New Silk Selection System
This article appeared in The Lawyer, 24 January 2005
The Bar- Time to Move On
This article appeared in The Times, 11 January 2005
Disastrous Diving II
The public and the media are frequently critical of the so-called “compensation culture”.  They don’t always make it clear precisely what they complain about, but it seems to be a combination of fraudulent claims, large claims, successful claims, or indeed any claim in which the claimant recovers compensation.
Cost of care
The case of Sowden v Lodge will doubtless be used by defendants to try to persuade claimants' solicitors to abandon their claims for the full cost of care at home
Disastrous Diving I
On the 31st July 2003, the House of Lords gave a landmark judgment in the case of Tomlinson v Congleton Borough Council [2003] UKHL 47. They reversed the decision of the Court of Appeal ([2002] EWCA Civ 309), and so ruled that the Claimant should not recover damages for his broken neck, caused when he dived into shallow water in an inland lake in Cheshire.
Reply to Mr. Justice Lightman
The edited extract of Mr Justice Lightman's lecture gave a one-sided view of the current problems of legal practice. Of course the edited extract may not have been inaccurate, but if it was I thought it was outrageous.
Single Joint Experts
I feel occasionally that some courts dealing with catastrophic personal injury litigation have lost sight of the concept of justice. They seem to be intent on imposing single joint experts on litigants, regardless of the wishes of the parties, and blind to the obvious problems which such an appointment is likely to cause
Video Surveillance of Claimants
I have long been fascinated by video surveillance evidence of personal injury claimants, obtained by enquiry agents instructed by defendants
Cycling Helmets and Contributory Negligence
Cyclist without a helmet wins case despite RoSPA report
Diving to Death or Disability
  Every year, all round the country, dozens of young people, mostly young men, take one dive too many
A Careful Approach to Care
  Care is usually the largest component of a catastrophic injury claim, and it is frequently the hardest fought by defendants.
Copeland v Ministry of Defence
  MOD responsible for soldier who shot IRA suspect.
Martin Biesheuvel v Andrew Birrel
  Highest ever award of damages in The UK.
The Assessment of Mental Capacity Following Traumatic Brain Injury
  Guidelines for lawyers and others.
Bottom up Settling the Unsettleable
  Special kind of structural settlement.
Cunningham v Kensington Etc Health Authority
  Selection of a suitable care institution.
Katrina Dahlistrom v David Franklin
  Brain injury damages award.
Victory At Last!
  House of Lords judgement on multipliers.
Hughes v Makosz
  Large double room in private nursing home justified for brain injured claimant.
Ian Mark Cowie v John Whitham
  Provisional damages for epilepsy.
Do Personal Injury Practitioners Need Courts?
  Article questioning the role of courts.
Rosalind Bedson v Personal Representatives of Peter Richards Deceased
  Good selection of experts- seat belts- care.
Damages for Personal Injury: Non-Pecuniary Loss
  Law Commission report.
Erica Walsh v Taurian Allessio
  Award for pillion passenger.
Doyle v Wallace
  Selection of experts- cost of investment advice.
Structured Settlements
  Brief description.
American Case
  Contrasting English and American system.
Daily Damages for Pain and Suffering?
  Suggestion for a better way of assesing damages.
An International Consensus Statement on the Link Between Birth Trauma and Cerebral Palsy
Legal practitioners are effectively being asked to reconsider the position in the light of the so-called International Consensus Statement.
Wonderful Woolf?
Comments on Lord Woolf's changes to the civil procedure system.

 

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BILL BRAITHWAITE Q.C.

Exchange Chambers,
Liverpool and Manchester