LET ME SAY right at the beginning that I will be expressing a personal view here. Other psychiatrists may approach assessment differently.
Ultimately, the assessment of a client within litigation proceedings is essentially the same process as the assessment of a patient for treatment, but clearly for a very different purpose and with a very different result.
“OF COURSE I had my lights on!” is the familiar cry of the collision victim, but when everything points to the contrary, what techniques can the legal profession employ to discover the truth?
The ‘on or off’ status of a car’s lights prior to a collision can often be cited as a direct cause of the incident, but how can the status of the lamp be proved, particularly if it was damaged in the impact?
THE NUMBER of clinical negligence claims has remained fairly static over recent years. The NHS Litigation Authority’s annual report records 5,426 claims in 2006-7; 5,697 in 2005-6; and 5,609 in 2004-5.
However, the adverse incident rate is still high, which leads to the conclusion that many people are not pursuing remedies for their injuries.
“NO MAN ought to be able to take advantage of his own false statements.”
That opinion, given in the case of Redgrave v Hurd 1881 involving the reliance on a misrepresentation as an inducement to buy a solicitor’s practice, was followed shortly thereafter in 1889 in the House of Lords in Derry v Peek, which defined fraud.
In Derry v Peek, the term ‘fraud’ was clearly defined and has been used as the leading case in deceit cases where misrepresentation was made to the victim.
AS AN accountant in general practice for over 20 years, I have come across commercial disputes in a variety of forms: between partners, shareholders, family members and trade competitors.
Disputes can become protracted, costly to settle and eventually result in a solution which satisfies neither party. However, there are alternatives which can offer a straightforward and structured method for the resolution of commercial disputes, and I am actively engaged in three of them.
