e-newsletter

Edition 6
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e-newsletter

Summer 2014
In This Edition
  1. Denton and the Clarification of Mitchell
  2. Case Law Update (covering April - June 2014)
  3. Chambers News

With summer having finally arrived (and gone!), we hope that you can find time to browse through Parklane Plowden’s Personal Injury & Clinical Negligence Team Newsletter, now in its 6th Edition.

In this edition, Jim Hester enlightens us on how to correctly interpret Mitchell following the Denton decision in the Court of Appeal, and Fay Collinson brings us up to speed with our quarterly serving of case law updates.

We hope you find these articles interesting and informative. If you have any feedback whatsoever including future topic suggestions, please feel free to tweet us @parklaneplowden, or email us at events@parklaneplowden.co.uk.

 


1. Denton and the Clarification of Mitchell

Jim Hester Image








by Jim Hester

For those avid readers of Chambers’ newsletters, you will have recognized that I wrote an article concerning relief from sanction, following the seminal Mitchell judgment in November.
 
Well, like a recalcitrant teenager, the Court of Appeal in Denton has found that Mitchell is not wrong, but it has been “misunderstood”.  By almost everyone.  For instance each of the three QC Circuit Judges in Denton misunderstood and misapplied Mitchell.  The Court of Appeal, however, did admit that the original judgment needed to be ‘clarified and amplified’.
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2. Case Law Update

Fay Collinson Image
by Fay Collinson

CHANTELLE PRINGLE (A CHILD BY HER MOTHER & LITIGATION FRIEND KEELY GROTZ) v NESTOR PRIME CARE SERVICES LTD [2014] EWHC 1308 (QB)
An out-of-hours clinical triage telephone service was negligent in not arranging for a two year old with meningococcal septicaemia to be immediately admitted to hospital once it had assessed her as "lethargic". Immediate admission or admission following a doctor's visit would have led to treatment which would have avoided the development of gangrene and subsequent amputations.
 
F BEWICKE-COPLEY v CHRISTOPHER IBEH (2014) CC (Oxford)
It was not only possible, but it was intended by the provisions of the Pre-Action Protocol for Personal Injury Claims in Road Traffic Accidents that the parties might compromise individual elements of a claim within the stage 2 portal process.

COX v ERGO VERSICHERUNG AG (FORMERLY VICTORIA) [2014] UKSC 22
The Fatal Accidents Act 1976 was only applicable to actions brought under the Act and did not have extra-territorial effect. It therefore did not apply to an action brought in England against a driver's German insurers in respect of a road traffic accident in Germany in which the claimant's husband was killed. Substantive German law concerning damages applied to the claim.


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3. Chambers News

Ian Pennock to walk 'Coast to Coast' to raise funds for Jason Middlewood Memorial
On Tuesday 5th August, Ian Pennock will embark on a gruelling, two week "Coast to Coast" walk of 190 miles to raise funds for the Jason Middlewood memorial. Jason, who tragically passed away in May of this year will be remembered with the placing of a solid oak bench in Park Square at the heart of Leeds' legal community.


PLP shortlisted for Chambers of the Year 2014


Parklane Plowden Chambers is pleased to announce that we have been shortlisted for Chambers of the Year at the Yorkshire Legal Awards 2014. The shortlisting comes hot on the heels of last year's success where we were awarded "Chambers of the Year" at the national Eclipse Proclaim Personal Injury Awards in London.
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Another Success for Howard Elgot in the Court of Appeal

Power v. Meloy Whittle Robinson is notable for the unanimous view of the Court of Appeal  that “The purpose of service of proceedings………. is not about playing technical games.

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HHJ Freedman appointed Designated Civil Judge
We are pleased to congratulate His Honour Judge Freedman previous head of Chambers on his appointment as the Designated Civil Judge for Newcastle County Court.

 

 
We are accredited by the Solicitors Regulation Authority (SRA), the Association of Personal Injury Lawyers (APIL) and the Bar Standards Board (BSB)  to provide Continuing Professional Development (CPD).

We are happy to discuss your specific training requirements with a view to devising a specially tailored programme. If you would like discuss this aspect of Chambers services, please contact senior clerks
Michael Stubbs or Andy Gray


The information and any commentary on the law contained in this newsletter is provided free of charge for information purpose only. Every reasonable effort is made to make the information and commentary accurate and up to date, but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by any member of Chambers. The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter
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