Legal Matters
Personal Injury and Insurance
Our quarterly newsletter aims to highlight developments and recent case law in the areas of personal injury and insurance in a concise and readable style. We hope that you find it informative and useful.
Issue 15 Quarter 4 2009
Inside:
No duty on occupier to bring the existence of a pond to the attention of parents Plexus success on balancing the risk of play activities Asbestos injury not foreseeable Funeral expenses cannot be recovered by a dying claimant Claimant recovers damages for exposure to asbestos as a school pupil 2
Reigning Supreme
The new UK Supreme Court opened its doors on 1 October and sat for the first time on 5 October in Middlesex Guildhall on Parliament Square, London. The Supreme Court replaces the Appellate Committee of the House of Lords as the highest court in the United Kingdom and will hear appeals on points of law for the whole of the United Kingdom in civil cases and for England, Wales and Northern Ireland in criminal cases. It will also hear cases on devolution matters. The new court has resulted in the physical separation of the judiciary from the legislature. This has been hailed by some as providing greater clarity in our constitutional arrangements by further separating the judiciary from the legislature but has led others to speculate on whether this will have implications for the future independence of the judiciary and the constitution generally. The former Law Lords became the 12 Justices of the Supreme Court and Lord Phillips, the former Lord Chief Justice, became the first President of the Supreme Court. In court the Justices are to be addressed as My Lord or My Lady. A significant change the new court will bring is to allow greater access to proceedings. It is open to the public and anyone can visit during opening hours. Almost all the proceedings will be filmed and some broadcast. It is the only court in the United Kingdom to allow this. The procedures are similar to those that used to apply in the House of Lords and judgments will be delivered in court and posted on the website with a short summary for the public. For more information go to: www.supremecourt.gov.uk

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