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June 2018 Contents
 Welcome to the June 2018 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles. CPD Note that there are no new monthly CPD quizzes since the SRA and the BSB have both updated their CPD schemes to eliminate this requirement. Reading PIBULJ articles can still help to meet your CPD needs. For further details see our CPD Information page.
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| Personal Injury Articles, June 2018 | |
 FREE BOOK CHAPTER: Fixed Recoverable Costs, Portal Costs and Potential Routes Out of Fixed Costs and the Portal in Highways and Slipping/Tripping Claims - Andrew Mckie, Clerksroom A free chapter from the fully updated 2018 edition of 'Occupiers, Highways and Defective Premises Claims: A Practical Guide Post-Jackson' by Andrew Mckie. The first chapter of this book is dedicated to the starting point for most Highways Act 1980 and public liability claims; the Low Value Portal... |
 Metal on Metal hips and the Consumer Protection Act 1987 (Part One) - James Bell, Hodge Jones & Allen Metal on Metal hips (MoMs) were introduced by the four leading orthopaedic prosthetic companies to the hip prosthetic market on a wide scale in the early 2000s. Stryker, DePuy, Zimmer and Smith and Nephew all produced very similar MoM models as the industry moved to using all metal products after earlier attempts had tried and failed in the 1980s... |
 CC (widow and dependant of JC (deceased)) v TD [2018] EWHC 1240 (QB) - Paul Sankey, Enable Law A recent case raises the issue of how dependency under the Fatal Accidents Act 1976 is calculated when the parties had started but not completed divorce proceedings and there was uncertainty over the outcome of that process. It is also interesting for its unusual facts... |
 FREE BOOK SAMPLE from 'A Practical Guide to Wrongful Conception, Wrongful Birth and Wrongful Life Claims' by Rebecca Greenstreet This book provides an overview and analysis of the law in relation to wrongful life, wrongful conception and wrongful birth claims. After reading this book you will: Understand how to establish whether there is a cause of action in your cases in these areas. Have an in-depth understanding of the relevant case law, including... |
 Fake Holiday Sickness Claims in Court - Miles Hepworth, FOIL & DWF After several summers of facing gastric illness claims in the courts, this summer is set to be an altogether quieter one for insurance lawyers defending gastric illness claims. ABTA's Stop Sickness Scams campaign together with the robust approach taken by some of the larger tour operators, the focus of the Ministry of Justice alongside the wider industry interest has been remarkably successful in a relatively short space of time in discouraging holidaymakers from making fraudulent claims... |
 Medical Experts Learning to Live with Medco 2018 - Dr Mark Burgin Dr Mark Burgin considers the main challenges facing Medco dealing with medical experts and suggests possible solutions from the point of view of a medical expert... |
 Admitting Primary Liability, Subject to Causation - Andrew Spencer, 1 Chancery Lane On 23 February 2018, in Worrall v Thomas Cook, DJ Hassall determined the meaning of an admission in a holiday illness case. The Claimant sent a Letter of Claim alleging (among other matters) that the food served to the Claimant under the holiday package was unsafe to consume and not of satisfactory quality. The Defendant replied, making an admission in the following term... |
 Why Becoming a Paralegal Is the Best Way to Build a Career in Personal Injury Law - Amanda Hamilton, NALP For law graduates looking to enter the personal injury sector, the only true viable pathway currently is to qualify as a paralegal. Why? There are several reasons. Firstly, taking the conventional route is time consuming and costly: going to university to read law costs £9k per annum... |
 Elite Sport and Stress at Work - Simon Trigger & Tim Ransley, 1 Chancery Lane A few years back I pursued a claim on behalf of a lovely lady who was on the receiving end of the most consistent bullying I have seen. Her male dominated employer had allowed the bullying to go on unchecked to such an extent that she was openly taunted about her looks in the office. It was no surprise that after a period of trying to internalise the bullying, she suffered from a pretty significant mental illness... |
 Summary of Recent Cases, June 2018 Here is a summary of the recent notable court cases over the past month... |
 PI Practitioner, June 2018 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: The Progress of the Civil Liability Bill... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Multiple Jeopardy in Medicine 2018 - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP discusses how overlapping regulatory systems are creating a perverse incentive on the quality of medical care... preview http://www.pibulj.com/content/law-journal-summaries/news-category-2/4569-multiple-jeopardy-in-medicine-2018-dr-mark-burgin |
 Short Notes on Chronic Disease Management 2018 - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving chronic disease management... |
May 2018 Contents
 Welcome to the May 2018 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles. CPD Note that there are no new monthly CPD quizzes since the SRA and the BSB have both updated their CPD schemes to eliminate this requirement. Reading PIBULJ articles can still help to meet your CPD needs. For further details see our CPD Information page.
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| Personal Injury Articles, May 2018 | |
 Striking Whilst the QOCS is Hot - Andrew Roy, 12 King's Bench Walk In XY v (1) Ingenious Media Holdings Limited (2) Ingenious Media Limited [2018] EWHC 350 (QB) HHJ Walden-Smith, sitting as a Judge of the High Court, dismissed an appeal by a litigant in person against an order striking out his stress at work claim... |
 FREE BOOK CHAPTER: Noise Induced Hearing Loss Claims - from 'A Practical Guide to Disease and Illness Claims' by Andrew Mckie The Small Claims Track change for personal injury cases is likely to come into effect in October 2018. This book looks at other areas personal injury practitioners have begun to focus in, including industrial disease claims. This book covers issues in relation to industrial disease, and in particular focuses on the day-to-day issues in practice that one encounters with such cases including spotting the 'winners' and 'losers' quickly and efficiently, practical tips for investigation, litigation tactics, as well as a summary of the law, the important cases, and how to run these claims efficiently. |
 Running The Risk: Hannah Pook v Rossall School [2018] EWHC 522 (QB) - Colin Richmond, Zenith Chambers When I was young, running in the corridor at school was essentially considered a capital offence, particularly if committed whilst carrying scissors. For the modern student-about-school, many things have changed since my day. It would seem ludicrous to a modern twelve-year-old to find that their school owned only one computer... |
 Caparo Revisited - Paul Jarvis, 6KBW College Hill In Robinson v Chief Constable of West Yorkshire Police [2015] EWCA Civ 15; [2014] PIQR P14), a case that concerned an action in negligence brought by a woman who was injured in the street during an attempt by police officers to arrest a man suspected of drug dealing, Hallett LJ held that in deciding whether the officers owed the woman a duty of care the three-stage test in Caparo (Caparo Industries plc v Dickman [1990] 2 AC 605, 617 - 618) "applies to all claims in the modern law of negligence" (para.40)... |
 Editorial: Practical Guidance on Proving Whiplash Injuries - Aidan Ellis, Temple Garden Chambers Although the problems associated with determining potentially fraudulent or exaggerated whiplash claims are well known, since such cases depend heavily on the facts and the Court's assessment of the credibility of the Claimant(s) they rarely reach the higher Courts... |
 Springer v University Hospitals of Leicester NHS Trust - Alexander Hutton QC This case was concerned with the requirements (and the consequences of not complying with such requirements) to notify another party pre-action that a client has "additional liabilities" which are potentially recoverable from that other party or parties, i.e. where there is a conditional fee agreement with a success fee ("CFA"), and/or an after the event insurance ("ATE") premium... |
 Dryden and Others v Johnson Matthey PLC [2018] UKSC 18 - Andrew Horner, Pupil Barrister, Trinity Chambers The Supreme Court recently handed down judgment in Dryden and Others v Johnson Matthew plc. The judgment addressed the correct interpretation of "damage" in the context of occupational platinum salt sensitisation (PSS), an asymptomatic condition contracted in response to exposure to platinum salt... |
 Why it's important to #RepairTheRightBody - Qamar Anwar, First4Lawyers We recently launched a campaign called #RepairTheRightBodywhich urges the PI community to take action against the Civil Liability Bill. At the centre of the campaign is 'Jane', who suffers painful injuries as a result of an accident caused by a 'boy racer' but is left totally exposed by the government's reforms... |
 The benefits of giving the paralegals in your firm formal recognition - Amanda Hamilton, NALP Do you have Paralegals working in your firm? Are they being recognised? It can be tempting not to give Paralegals the recognition they deserve, particularly if it appears to reduce costs... |
Summary of Recent Cases, May 2018 Here is a summary of the recent notable court cases over the past month... |
| PI Practitioner, May 2018 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Low-Velocity Impact Claims - Defendant's Expert Evidence: A Practice Note... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Short Notes on Contributory Negligence 2018 - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving contributory negligence... |
 Short Notes on Secure Environments 2018 - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving secure environments... |
 Short Notes on Psychological Injury 2018 - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving psychological injury... |
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April 2018 Contents
 Welcome to the April 2018 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles. CPD Note that there are no new monthly CPD quizzes since the SRA and the BSB have both updated their CPD schemes to eliminate this requirement. Reading PIBULJ articles can still help to meet your CPD needs. For further details see our CPD Information page.
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| Personal Injury Articles | |
 Can a claim be made for becoming sensitised to an industrial chemical despite being asymptomatic? - Simon Anderson, Park Square Barristers, Leeds Can a claimant found a claim for personal injury for having been sensitised to an industrial chemical through exposure to it, despite being asymptomatic? Yes, according the unanimous decision of the Supreme Court (Lady Black giving the sole judgment) in Dryden and others v Johnson Matthey Plc [2018] UKSC 18... |
 Countdown to GDPR - Aidan Ellis, Temple Garden Chambers There is no doubting the hot topic this Spring. In all of my last visits to Court, the conversation in the robing room has turned at some stage to issues surrounding compliance with the GDPR. Nor is the concern limited to lawyers... |
 It's a Fair Cop: Supreme Court Reviews Duty of Care (and a Foot Note on the Worboys Case) - Patrick West, St John's Chambers Robinson v Chief Constable of West Yorkshire [2018] UKSC 4 SC (Lady Hale PSC, Lord Mance DPSC, Lord Reed JSC, Lord Hughes JSC, Lord Hodge JSC) 08/02/2018... |
 Some Practical Aspects of Chronic Pain - Pankaj Madan, 12KBW & Exchange Chambers What is Chronic Pain Disorder? 'Pain is an unpleasant sensory and emotional experience associated with actual or potential tissue damage, or described in terms of such damage' International Association for the Study of Pain... |
 Part 36 v Part 45: Which is Winning Round 2? - Ella Davis,1 Chancery Lane The cost consequences on judgment of a Claimant beating a Part 36 offer in a fixed recoverable cost case have been tolerably clear since the Court of Appeal's decision in Broadhurst v Tan [2016] EWCA Civ 94. In a nutshell, rule 36.14(A) (now rule 36.21) prevailed over rule 45.29(B)... |
 Does 'fundamental dishonesty' need to be explicitly pleaded and/or put to a claimant in cross-examination? - Max Wilson, 1 Chancery Lane These questions have been answered in the recent Court of Appeal decision, Lorna Howlett & Justin Howlett v Penelope Davies & Ageas Insurance Limited [2017] EWCA Civ 1696... |
 CFA Assignment: The End of the Yellow Brick Road? - Christopher McClure, John M Hayes By way of recital from our first article in this series on CFA assignment, the reader will recall that Budana v The Leeds Teaching Hospitals NHS Trust concerns, in brief, the following facts... |
 Incurred Costs: A Fixed or Moveable Feast? - Marc Banyard, John M Hayes Technical costs specialist Marc Banyard explores the thorny issue of the treatment of costs incurred between the date of an initial costs budget and the date on which an updated costs budget has been prepared and asks whether the same fall as 'incurred costs' for the purpose of the updated budget or remain as future costs... |
| Summary of Recent Cases, April 2018 Here is a summary of the recent notable court cases over the past month... |
PI Practitioner, April 2018 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Update on the Civil Liability Bill... |
| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Legal Mind Case and Commentary No 17: The Joint Statement: Concise, Impartial and Key - Professor Hugh Koch, Dr Eleanor Sorrell, Dr Luisa Fernandez-Ford Case: 23.02.18 - David John Saunders v. Central Manchester University Hospitals NHS Foundation Trust (2018) EWHC343 (QB)... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Short Notes on Immunisation 2018 - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving immunisation... |
 Short Notes on Cirrhosis 2018 - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving liver cirrhosis... |
 Short Notes on Back Pain 2018 - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving back pain... |
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March 2018 Contents
 Welcome to the March 2018 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles. CPD Note that there are no new monthly CPD quizzes since the SRA and the BSB have both updated their CPD schemes to eliminate this requirement. Reading PIBULJ articles can still help to meet your CPD needs. For further details see our CPD Information page.
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| Personal Injury Articles | |
 Claims Management Companies, Consent to Marketing & FCA Regulation - Paul Bennett, Aaron & Partners LLP In early 2019, the Financial Conduct Authority will take over from the Claims Management Regulator in terms of the supervision of Claims Management Companies (CMC's) authorised under the Compensation Act 2006 in relation to the common areas of personal injury, financial products and services, employment, criminal injuries compensation, industrial injuries and housing disrepair claims... |
 FREE BOOK CHAPTER: The Importance Of Branding in Law (From 'A Practical Guide to Marketing for Lawyers: 2nd Edition' by Catherine Bailey & Jennet Ingram) Used to give products and services a unique identity or personality, a brand enables organisations to differentiate themselves from the competition. An additional benefit is that the consumers may become brand loyal and thus repeat purchasers... |
 Discounting Your Chickens: Resiling From a Settlement Due to a Change in Discount Rate - Lauren Seager, Queen Square Chambers A year on from the change in discount rate and it is still a topical discussion. It had immediate implications for many claims but it became clear in October 2017 that the reverberations were still being felt. With the likelihood of a further change and the promise of more regular reviews, practitioners need to be mindful of the impact that it can have on claims. This is particularly apparent in cases where court approval of a settlement is required under CPR 21... |
 Be Warned: Your Advice May Require a Warning! - Martyn Griffiths, Hardwicke When should a solicitor provide a warning to their client that the advice they are giving may not be correct? That question was addressed by the Court of Appeal in the case of Barker v Baxendale Walker... |
 Asbestos and Minimal Risk: Is There a Threshold? - Patrick West, St John's Chambers Veronica Bussey (Widow & Executrix of the Estate of David Edwin Anthony Bussey) v 00654701 Ltd (Formerly Anglia Heating Ltd) [2018] EWCA Civ 243 CA (Civ Div) (Jackson LJ, Underhill LJ, Moylan LJ) 22/02/2018... |
 Four Seasons v Brownlie: Jurisdiction - Ian Peters, Anthony Gold The Supreme Court handed down its Judgment on the case Four Season Holding Incorporated v Brownlie on 19 December 2017. This long running case concerns a tragic road traffic accident on 3 January 2010 in Egypt... |
 What Are The Top Tips For Successful Negotiation? - Justin Patten, Human Law Described by one training organisation as the 'skill that transcends all others', negotiation, once mastered can help you achieve improved results in many different business and social situations... |
 When Can a Claimant Recover the Costs of Attending an Inquest? - Malcolm Henke, Horwich Farrelly It is understandable that solicitors involved in making civil claims want to be paid for the work they undertake. However, there are two hurdles to be negotiated on the way to securing payment. First, the work for which the claimant seeks to recover the cost must have been (a) of use and service in the claim; (b) relevant to the matters in issue in the claim; and (c) attributable to the defendants' conduct. These tests arise from... |
 Court Rulings Provide Further Guidance on Proportionality and Fundamental Dishonesty - Ieuan Jones, Ashfords There have been two recent costs decisions in two areas of litigation that have been subject to much controversy since the recent rule changes... |
 Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80: Jurisdiction in Personal Injury Claims Which Occur in Countries Outside of the EU - Paul McClorry, Hudgell Solicitors The Judgment in the recent decision (19th December 2017) of the Supreme Court in Four Seasons Holdings Incorporated v Brownlie ([2017] UKSC 80), is a must-read for all lawyers dealing with claims (particularly tortious claims) with a cross-border element. It is a fascinating decision with fundamentally important comments concerning jurisdictional issues which affect personal injury incidents that occur in countries outside of the EU... |
 Retainers and Busy Practitioners: The Case of Alina Budana v The Leeds Teaching Hospitals NHS Trust and The Law Society (as Intervener) - Amanda Stevens, Hudgell Solicitors There is finally light at the end of the tunnel for the many firms who have attempted to transfer books of work out of their practice, to another, whilst seeking to retain rights to recover the costs of their own work pre-transfer under a CFA agreement... |
 The Appeal Case of The Department for Communities and Local Government v Blackmore - David Roderick, Farrar's Building The appeal case of The Department for Communities and Local Government v Blackmore [2017] EWCA Civ 1136 ("Blackmore") is an important restatement of the principles governing the exercise of the reduction of damages for contributory negligence under s.1 (1) of the Law Reform (Contributory Negligence) Act 1945, and a defeat for a novel argument on behalf of defendants in asbestos related lung cancer cases... |
| Res Ipsa Loquitur In Clinical Negligence - Aneurin Maloney, Hardwicke The maxim res ipsa loquitur or 'the thing speaks for itself', is a long-standing rule of evidence more commonly utilised in other areas of personal injury law. In a PI setting it has been applied in a wide range of cases from objects falling from buildings, to malfunctioning machines, and unexpected items in food... |
 Section 7 of the Health and Safety at Work etc Act: A Practitioner's Overview - Laura Howarde, Weightmans LLP With the focus mainly on sections 2 and 3 of the Health and Safety at Work etc. Act 1974, that concern an employer's duties to their employees and those not in their employment, section 7 of the 1974 Act is often forgotten. This particular section outlines the general duties of an employee and suggests that an individual can be held accountable for their own actions whilst at work... |
 Vocational Rehabilitation - Andrew Frank 'For most people, their work is a key determinant of self-worth, family, esteem, identity and standing within the community, besides, of course, material progress and a means of social participation and fulfilment'... |
Summary of Recent Cases, March 2018 Here is a summary of the recent notable court cases over the past month... |
| PI Practitioner, March 2018 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: All Change for RTA Claims... |
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| An Update from North of the Border, Edited by Kate Donachie, Brodies LLP | |
 Case Law Update: Choice of Law and Forum Shopping in Asbestos Litigation - Andrew Forsyth, Brodies LLP An Opinion issued by Lord Tyre in the Court of Session this week provides that the applicable law for an asbestos related claim is the law of the country where the "injury occurred", as opposed to the country of exposure to asbestos dust. Due to the higher damages awards in fatal cases, and because plaques are compensatable in Scotland, the Opinion in Docherty v Secretary of State, the most recent chapter in a long-running case, will have significance for those involved in the defence of disease claims, particularly asbestos litigation... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Short Notes on Evidence Gathering 2018 - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases where evidence gathering is an issue... |
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February 2018 Contents
 Welcome to the February 2018 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles. CPD Note that there are no new monthly CPD quizzes since the SRA and the BSB have both updated their CPD schemes to eliminate this requirement. Reading PIBULJ articles can still help to meet your CPD needs. For further details see our CPD Information page.
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| Personal Injury Articles | |
 FREE BOOK CHAPTER: An Introduction to Housing Disrepair and Cavity Wall Claims (from 'A Practical Guide to Running Housing Disrepair and Cavity Wall Claims, 2nd Edition' by Andrew Mckie & Ian Skeate) The Small Claims Track change for personal injury cases is likely to come into effect in October 2019. This book looks at other areas personal injury practitioners have begun to focus in, including housing disrepair and cavity wall claims, which may not be subject to fixed costs / small claims track costs. |
 Valid Consent: The Role of the Medical Expert - Paul Sankey, Enable Law What is the medical expert's role in reporting on consent to treatment? With the change in the law following Montgomery v Lanarkshire Health Board in 2015 that role has also changed... |
 Ivor Cook v Swansea City Council 2017 - Joanne Pruden, Browne Jaconson LLP In the case of Ivor Cook v Swansea City Council 2017 the Claimant slipped on ice in an unmanned car park owned and operated by a Local Authority which had not been gritted... |
 FREE BOOK CHAPTER: Introduction to the Jackson Report 2017 and CMC Regulation: A Summary of the Changes A free online chapter from 'A Practical Guide to the 2018 Jackson Personal Injury and Costs Reforms' by Andrew Mckie. 2018/2019 is going to be a huge year for the Personal Injury world (yet again)! Changes are aloft in all different areas of Regulation. A ban on cold calling for claims companies, the movement of claims management companies towards FCA Regulation and more fixed costs for personal injury claims. This book is designed to be a comprehensive guide to take practitioners through all the changes in a clear and easily digestible way... |
 FREE BOOK SAMPLE: The Nature of Consent (from 'A Guide to Consent in Clinical Negligence Post-Montgomery' by Lauren Sutherland QC) For many years, the law in the UK on consent was singularly out of step with other Commonwealth jurisdictions. Now the recent decision of the Supreme Court in the case of Montgomery v Lanarkshire Health Board has clarified the position in the UK and firmly recognised the rights of the patient in this area of the law... |
 Divisibility of Psychiatric Injury - Charley Turton, 12 King's Bench Walk The vexed question of the divisibility of psychiatric injury has recently been revisited by the Court of Appeal in BAE Systems (Operations) Ltd v M Konczak [2017] EWCA Civ 1188, an employment case of wide importance and application... |
 Serving Food That Might Cause Adverse Reactions - Gabrielle Broomhead, Ashfords LLP It is important for anyone serving food to the public to know what the food contains as some ingredients can cause adverse reactions. This may be because a customer is allergic or has a food intolerance. Allergens in food can cause severe reactions, including death to those with acute allergies. Food intolerances on the other hand generally have minor symptoms... |
 Editorial: Budget Discussion Reports - Aidan Ellis, Temple Garden Chambers I have recently had a number of costs and case management hearings in which the late filing of a budget discussion report by one party or the other, or a failure to engage in negotiations, has been largely excused by the Courts. It is suggested that that approach may be too lenient and that, to enforce compliance with orders and rules, some sanction should be imposed as a matter of course where a budget discussion report is filed late... |
 Case Comment on Hassell v Hillingdon Hospitals NHS Foundation Trust [2018] EWHC 164 (QB) - Lucile Taylor The claim arose out of the C5/6 decompression and disc replacement operation performed by the Defendant, a spinal orthopaedic surgeon, on the Claimant, who was, at the time, working full time as a head of years 7, 8 and 9 at a local secondary school... |
 Mrs Rhonda Stewart (New Rohonda White) v Lewisham and Greenwhich NHS Trust [2017] EWCA Civ 2091 - Andrew Wilson, Park Square Barristers In a case where the claimant alleges breaches of an employer's duties under the Management of Health and Safety at Work Regulations 1999, of the Manual Handling Regulations 1992 and of its common law duty of care, in relation to an injury caused by lifting an object, the Claimant must first prove that there was a real risk of injury before deciding whether there was any breach of duty... |
 Defective Pavement Trip Leads to £6m Compensation - Daniel Slade, Express Solicitors This case, won by Express Solicitors, illustrates several points including: issues surrounding consanguineous marriages in personal injury claims, claims for housing following the settlement of JR V Sheffield, invasive medico-legal testing, the disastrous effects of recumbence on rehabilitation... |
 High Court Decision Will Affect All London Pedestrians and Bus Drivers - Daniel Slade, Express Solicitors This case, run by Manchester-based personal injury law firm Express Solicitors, saw the High Court hand down an important decision that will affect all pedestrian Londoners and London bus drivers, and has proved how important is for lawyers not to overlook the secondary effects of drivers' negligence... |
| PI Practitioner, February 2018 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: The Shifting Shape of Privilege... |
Summary of Recent Cases, February 2018 Here is a summary of the recent notable court cases over the past month... |
| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Legal Mind Case and Commentary No 16: Fundamental Dishonesty: Honest Claimants Have Nothing to Worry About - Professor Hugh Koch, Dr Jenny Bowe, Dr Rachel Strachan & Dr Samantha Day Case: London Organising Committee for the Olympic and Paralympic Games (in liquidation) v. Sinfield. A ruling was given that a volunteer injured at the 2012 Olympics was dishonest in exaggerating the costs of gardening help required following the accident. He stated that the fact that the greater part of the claim may have been genuine was 'neither here nor there'... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Short Notes on Suspected Abuse in Children 2018 - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving suspected abuse in children... |
Short Notes on Sepsis 2018 - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence and coroner cases involving sepsis... preview http://www.pibulj.com/content/law-journal-summaries/news-category-4/4462-short-notes-on-sepsis-2018-dr-mark-burgin |
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
