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 "Combat Immunity and the Duty of Care"
  • While members of the UK armed forces presently suffer injury in numerous theatres of conflict around the world, this paper examines the circumstances in which they might successfully sue the Crown in negligence; and where the Crown might successfully make out a defence of common law combat immunity...
    by James Rowley adobe acrobat : Click here to download PDF (199kb)
      "Pension Loss Calculation- Improve Your Game"
  • Wider Principles
    • Pension loss is a head of future pecuniary loss like any other and not an esoteric subject outside the routine assessment of damages.
    • The much but unfairly criticised previous leading case of Auty v National Coal Board1 embodied no abstruse method but only the then conventional approach.
    • As the conventional approach has shifted following Wells v. Wells2 so must the assessment of pension loss, away from the old method in Auty, into line with the present application of the conventional approach...
    by James Rowley adobe acrobat : Click here to download PDF (290kb)
     "The Nature and Treatment of PTSD – Implications for Legal Client Care"
  • Definition
    • This paper will deal with the present definition of PTSD, the modern understanding of the condition and contemporary treatment approaches. The aim in the second half will be to alert lawyers to the ways in which this knowledge can be used to the advantage of their clients...
    by James Rowley adobe acrobat : Click here to download PDF (242kb)
     "Risk Assessment in Conditional Fee Cases"
  • Individual barristers and Chambers have had little or no assistance in approaching risk assessment in CFA’s. At first sight it appears impossible to help on a matter where the issues are as diverse as the very number of individual cases. There has been no hard evidence available of previous success or failure in assessment so as to consider the risk in any scientific fashion. For, the take up on CFA’s has been low until the recent abolition of Legal Aid in all but high cost and clinical negligence cases...
    by James Rowley adobe acrobat : Click here to download PDF (125kb)
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