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January 2018 Contents
 Welcome to the January 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 | |
 Mind the Gap: Perversity as a Point of Appeal, an Insurmountable Chasm? - Liam Ryan, 7 Bedford Row Liam Ryan considers the the recent Court of Appeal decision of if Whiting v First/Keolis Transpennine Ltd [2018] EWCA Civ 4 and what iot means more generally Appellants seeking to bring an appeal based on the difficult ground of perversity... |
 Fixed Recoverable Costs: No Advocacy, No Fee! - Chris Boxall, Park Square Barristers Christopher Boxall discusses the first instance decision in Crawshaw v Alfred Dunhill Limited (County Court Sheffield, 16.11.2017 before District Judge Bellamy)... |
 Withdrawing Admissions: Wood v Days Healthcare UK Limited [2017] EWCA Civ 2097 - Shaun Ferris, Crown Office Chambers The Court of Appeal has considered the position where a defendant (D1), presented with a claim that is said to be of low value, admits liability but is later confronted with a significant increase in the value of the claim... |
 Contribution and Apportionment: Unruly Horses? - Charles Feeny & Sam Irving, Complete Counsel "Public policy is a very unruly horse, and when once you get astride, you never know where it will carry you." These oft repeated words were those of Borough J in Richardson v. Mellish1 in 1824 and are the first reference to the much repeated maxim, that resorting to public policy is equivalent to mounting an unruly horse... |
 Counterintuitive or Commonsensical? Case Comment on Meadows v Khan [2017] EWHC 2990 (QB) - Lucile Taylor The question posed by Meadows v Khan [2017] EWHC 2990 (QB) was whether a mother who consults a doctor with a view to avoiding the birth of a child with a particular disability, as opposed to the birth of any child, could recover damages for the additional costs associated with another, unrelated disability. The answer given by Mrs Justice Yip was a counterintuitive, yet commonsensical yes... |
 A Doctor's Duty to Advise: Raul Guiu Gallardo v Imperial College Healthcare NHS Trust - Paul Sankey, Enable Law The Supreme Court in Montgomery v Lanarkshire Health Board redefined a doctor's duty in advising patients and obtaining consent to treatment. The new measure of adequate advice was what a reasonable patient like this patient would expect to be told. It was no longer the Bolam test of what a responsible body of doctors would advise... |
 Psychiatric Damage Claims Arising from Disciplinary Proceedings - Angela Williams, Browne Jacobson LLP The recent High Court case of Marsh v Ministry of Justice (2017) provides that employers must give consideration to the effect on employee's mental health any suspension from work might have and highlights the importance of dealing promptly with misconduct and disciplinary issues... |
 Withdrawing Admissions: Wood v Days Healthcare UK Limited [2017] EWCA Civ 2097 - Shaun Ferris, Crown Office Chambers The Court of Appeal has considered the position where a defendant (D1), presented with a claim that is said to be of low value, admits liability but is later confronted with a significant increase in the value of the claim... |
 PI Practitioner, January 2018 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Disclosure and the Small Claims Track: A Practice Note... |
 Driverless Cars, Artificial Intelligence... What Next? Online Dispute Resolution for Compensation Claims? - Tim Wallis, Trust Mediation Question: Will online dispute resolution (ODR) make any headway with high volume - lower value compensation claims? The sceptic would say no, on the basis that many involved in the claims sector resist change, unless it is compulsory. I believe, however, that ODR is already having an impact in this sector and that there will be further significant developments. Here are my reasons... |
 Competition Heats Up in Personal Injury as Firms Look to Survive Upcoming Government Reforms - Qamar Anwar, First4Lawyers It goes without saying that the years of disruption in personal injury (PI) practice looks set to continue unabated - though the appointment of yet another new Lord Chancellor may slow things down as he gets his feet under the table, the thrust of Ministry of Justice policy is likely to be unaffected. That would mean publication at last of the Civil Liability Bill and a consultation on Lord Justice Jackson's recommendations to extend the application of fixed recoverable costs in the coming months... |
 Summary of Recent Cases, January 2018 Here is a summary of the recent notable court cases over the past month... |
| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Why Is Psychology Important to Understanding Law? - Prof. Hugh Koch, Dr Tracey Jackson, Dr Victoria Byram & Dr Claire Wilson Human factors affect the process of civil litigation and the behaviour of the various participants, claimants, lawyers, experts, barristers and judiciary. Psychology, since its inception as a body of science, has offered a variety of different branches, namely, clinical, forensic, social/communication and organisational, to help understand psychological and social factors in every day life. Each of these affects the process of civil litigation in many different ways. For example... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Short Notes on Nursing Home Claims 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 nursing home claims... |
 Short Notes on Surgical Error 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 surgical error... preview http://www.pibulj.com/content/law-journal-summaries/news-category-4/4448-short-notes-on-surgical-error-2018-dr-mark-burgin |
December 2017 Contents
 Welcome to the December 2017 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, December 2017 | |
 Editorial: Review of the Year - Aidan Ellis, Temple Garden Chambers As thoughts turn to Christmas and the New Year, it seems traditional to wrap up 2017 with some comment on the practical trends in personal injury litigation this year. For junior lawyers in the London area, undoubtedly one trend is the continued rise of the floating list at Clerkenwell and Shoreditch County Court... |
 FREE BOOK CHAPTER: What Is a Holiday Sickness Claim? (from 'A Practical Guide to Holiday Sickness Claims, 2nd Edition' by Andrew Mckie & Ian Skeate) The majority of holiday sickness claims are of course likely to occur outside of the jurisdiction, but are likely to fall under the Package Travel Regulations 1992. However, before looking at the law and likely causes of action, it is necessary for one to look at what actually constitutes a holiday illness. For example... |
 Bikelawyer Wins High Court Case Extending the Liability of Motor Insurers to Innocent Accident Victims - Andrew Campbell, Bikelawyer Motor Accident Solicitors Christopher Wastell - v- Gordon Woodward (Deceased) (1) & Chaucer Syndicates Ltd (2) [2017]... |
 Vicarious Liability and Non-Delegable Duty: the Tweedle-Dum and Tweedle-Dee of Strict Liability? - Lucile Taylor Case Comment on Armes v Nottinghamshire County Council [2017] UKSC 60. In Armes, the Claimant had suffered physical and sexual abuse at the hands of the foster parents with whom she had been placed at aged seven whilst in the care of the local authority ("LA"). The abuse took place in the foster home in the course of day-to-day care and control of the Claimant... |
 Experts: Costs and Delay - David Locke, Hill Dickinson The role of independent medical experts is pivotal in the resolution of personal injury and clinical negligence litigation, but the associated impact on cost and shelf-life means a different way of approaching the evidence of expert witnesses is required... |
 Stress at Work: Court or Employment Tribunal? - Anna Macey, Kings Chambers When advising clients on PI claims arising within the workplace, few barristers or solicitors consider whether a claim for compensation for an injury and the losses consequent on it would be better made through an employment tribunal ("ET")... |
 Community Neurorehabilitation for Traumatic Brain Injury - Daniel Friedland, Consultant Clinical Neuropsychologist The total incidence of traumatic brain injury (TBI) in the general population in the UK is estimated at 229 per 100,000. 1 Moderate to severe traumatic brain injury account for approximately 20% of traumatic brain injury. A moderate to severe traumatic brain injury is generally defined as having one of the following... |
 How To Prepare Effectively For Mediation - Justin Patten, Human Law The recent failure to announce the EU/UK agreement which never was on Monday 4th December illustrates some of the difficulties of Brexit negotiation and negotiations in general... |
 Fatal Accidents: Cohabitee Is (or Should Be) Entitled to Bereavement Payment - Gordon Exall, Zenith Chambers & Hardwicke The Court of Appeal decided that the failure of the Fatal Accidents Act to include cohabitees within the definition of those entitled to a bereavement payment is incompatible with Section 4 of the Human Rights Act... |
Summary of Recent Cases, December 2017 Here is a summary of the recent notable court cases over the past month... |
| PI Practitioner, December 2017 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Rise in small claims track limit for RTA cases confirmed... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Short Notes on Malignant Melanoma 2017 - 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 malignant melanoma... |
 Short Notes on Dementia 2017 - 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 dementia... |
 Short Notes on Death 2017 - 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 the death of the claimant... |
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November 2017 Contents
 Welcome to the November 2017 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 | |
 Editorial: Abolition of Personal Injuries Law - Aidan Ellis, Temple Garden Chambers Earlier this month, Lord Sumption delivered a provocative lecture to the Personal Injuries Bar Association entitled "Abolishing Personal Injuries Law: A Project". Taking inspiration from Atiyah's Accidents, Compensation and the Law, he argued that our fault-based system leads to anomalous results and is inefficient in its attempt to allocate resources to those who need or deserve it... |
 FREE BOOK CHAPTER: The Basics of Advocacy (from 'Arguments and Tactics for Personal Injury and Clinical Negligence Claims' by Dorian Williams) This is the complete Chapter One from our new book, 'Arguments and Tactics for Personal Injury and Clinical Negligence Claims' by Dorian Williams - The objective is to win the case fairly and at proportionate cost; that means ideally resolving before trial as the litigation risk of an adverse outcome is always present, although it can be limited. Much of this book will concentrate on... |
 FREE BOOK CHAPTER: Qualified One-Way Costs Shifting (QOCS) (from 'A Practical Guide to QOCS and Fundamental Dishonesty' by James Bentley) Before exploring the qualifications to one-way costs shifting, it will be useful to first look at when the QOCS regime does and does not apply... |
 Truth, Lies, Exaggeration and the Judicial Crucible: A Reminder of Judicial Independence in Assessing Expert Evidence - Liam Ryan, 7 Bedford Row Liam Ryan considers the recent decision of Fletcher v Keatley [2017] EWCA Civ 1540 and how a Court should, and can approach a claim for psychiatric injury where a Claimant has been found to have purposefully exaggerated their symptoms... |
 Patient Consent and the Law: 3 Reasons Why It Matters - Paul Sankey, Enable Law The Supreme Court's decision in Montgomery v Lanarkshire Health Board changed the law in relation to patient consent. Previously a doctor's duty to advise a patient was governed by the Bolam test. This meant advice was adequate if it accorded with the advice a responsible body of specialists within the same discipline would have given... |
 Vicarious Liability Once Removed? by Way of TUPE - Lucile Taylor Case Comment on Baker v British Gas Services (Commercial) Ltd and J&L Electrics (Lye) Ltd [2017] EWHC 2302 (QB)... |
 Getting Started With the Ogden Tables - Simon Levene, 12 King's Bench Walk The MOJ's announcement on 27th February 2017 that the discount rate for calculating future losses was to be reduced from 2.50% to - 0.75% caused more excitement than personal injury litigants are used to. The following guide to the basics of the Tables might be useful... |
 Taking Responsibility: Foster Care, Child Abuse and Vicarious Liability - Liam Ryan, 7 Bedford Row When dealing with cases of child abuse, strong emotions are stirred in almost all people with clear feeling of right and wrong being arrived at. However, when seeking to compensate an abused party, the question of who should, or can meet a Judgment is a lot more complex, since the culpable individual may have no means with which to satisfy such a Judgment rendering it almost worthless... |
 The Scottish Government Should Remove Time-Bar for Abuse Victims Over 18 Where There is a Power Imbalance - Mike Kemp, Thorntons Law LLP I wrote last year about Scottish Government proposals to remove the time limits for childhood abuse claims and those proposals have now been passed and came into effect earlier this month. Now the Scottish Government have produced a helpful guide to making such claims... |
 Fundamental Dishonesty Goes Beyond Claims in the Fast Track- Sunil Nannar, DWF LLP Although there are many reports of a finding of fundamental dishonesty in whiplash cases, they are only now starting to emerge in larger claims. Sunil Nannar looks at the judgment in one such case, Stanton v Hunter (2017), where the claimant's attempt to exaggerate his claim for loss of earnings, saw his claim dismissed and lose out on the genuine elements of his claim, which the court valued over £50,000... |
 A Quick Change of Gear? - Joanne Clancy, Thorntons Law LLP The Department of Transport have announced their plans to review the law regarding dangerous cyclists. Their announcement comes in the wake of the recent trial of Charlie Alliston sentenced to 18 months imprisonment for causing bodily harm by 'wanton and furious driving' after ploughing down Kim Briggs as she crossed a busy central road in London... |
 The Relevance of Local Living Standards in the Assessment of Damages - Jack Harding, 1 Chancery Lane What is the correct approach to the assessment of general damages in a case in which the Claimant resides abroad? Should the increased (or possibly lower) cost of living be taken into account and thereby result in an adjustment to the figures set out in the Judicial College Guidelines?... |
| Summary of Recent Cases, November 2017 Here is a summary of the recent notable court cases over the past month... |
PI Practitioner, November 2017 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Howlett v Davies - The Court of Appeal's approach to Fundamental Dishonesty... |
| An Update from North of the Border, Edited by Kate Donachie, Brodies LLP | |
 Is the Tide Turning? Sanction for Counsel Refused Again - Kate Donachie, Brodies The Sheriff Personal Injury Court has recently issued two decisions refusing sanction; Sheriff Mackie's in McKenzie v McCormack and now an unpublished decision issued by Sheriff McGowan last week in McCracken v Kazanowski. McKenzie is the only published refusal of sanction since the new court was created two years ago and there were very few, if any, applications refused before that. These recent decisions are a sign that sanction is not always a given; and it may be that the direction of travel has changed... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Short Notes on Confusion 2017 - 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 confusion... |
 Short Notes on Chronic Cough 2017 - 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 cough... |
 Short Notes on Urinary Tract Infections 2017 - 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 urinary tract infections... |
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October 2017 Contents
 Welcome to the October 2017 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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 FREE BOOK CHAPTER: The Challenge: The SRA And the Compliance Agenda (from 'A Practical Guide to Compliance for Personal Injury Firms Working With Claims Management Companies' by Paul Bennett) Compliance basics - You may think this is obvious, but every day I advise law firms who have failed to step back and challenge their own way of working. For compliance to be effective you need to take a helicopter view and view it from an external perspective... |
 Jackson in Action: Case Law - Marcus Davies, DWF LLP In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms... |
 Editorial: Understanding the Number of Dishonest Claims - Aidan Ellis, Temple Garden Chambers For a number of years in personal injury litigation, issues arising from dishonest or exaggerated claims have been growing in importance and profile. Not a week seems to pass without an article in the national news drawing attention to the number of dishonest claims. Understanding the true number of fraudulent claims is important, not least because it informs policy decisions in this area of law. But it is difficult objectively to assess the scale of the problem, not least due to difficulties of definition or perception... |
 FREE BOOK SAMPLE: Knowledge of the Animal's Characteristics: S.2(2)(c) Animals Act (from 'A Practical Guide to Personal Injury Claims Involving Animals' by Jonathan Hand) Paragraph (c) of s.2(2) is concerned with the keeper's knowledge of the animal's characteristics as identified under paragraph (b). It requires either actual knowledge of the relevant characteristics on the part of the keeper, or actual knowledge on the part of another person which is imputed to the keeper in two limited situations, as explained below... |
 FREE BOOK SAMPLE: Primary Victims: Cases Involving Physical Injury (from 'A Practical Guide to Psychiatric Claims in Personal Injury' by Liam Ryan) When first considering if a claim for psychiatric injury is worth perusing, it's fair to say that a legal practitioner will rarely have all the evidence that they need for a conclusive opinion on prospects of success. There is going to be a fair amount of guess work, and also a number of Judgment calls based on experience.... |
 Expert Evidence and Experts' Duties in Clinical Negligence Cases - Kirsten Wall, Leigh Day As increasing numbers of clinical negligence cases are reaching trial, so are the number of medical experts being called on to give evidence. More and more judgments are flagging up the flaws in their evidence and for all litigators creating an ever growing list of issues to make sure your experts get right... |
 Could This Case Be the End of Failure to Take Into Care Claims? - Malcolm Johnson, BL Claims Judgment awaited in the case of CN & GN v Poole Borough Council. Failure to take into care claims are typically brought by children whose predicament has become known to social services, but who have been left in that predicament i.e. with abuse parents... |
 FREE BOOK CHAPTER: The Structure Of the Care Act 2014 (from 'Introduction to the Law of Community Care in England and Wales' by Alan Robinson) 1. General principles - The Act set out to regularise the confusing collection of statutes which governed community care in England, which are described above in Part A. The Care Act 2014 regulates the provision of services in England (but not in Wales) from April 2015... |
 FREE BOOK SAMPLE: from 'Practical Mediation'' by Jonathan Dingle with John Sephton Mediation is now is a key form of what many commentators call Alternative Dispute Resolution (ADR). The 'alternative' here is to having a decision imposed by a judge in court. Thus mediation is advanced as a consensual process, based on self-determination, that involves the participants (or 'parties') in the dispute meeting (generally in person but sometimes through various online technologies) with a neutral third person. These participants may or may not be joined by their lawyers, advisers, or various supporters... |
 Approval of Success Fee Deduction From Damages for a Protected Party - Richard Lowery, Express Solicitors The Claimant was injured when the Defendant turned right from a main road into the side street which the Claimant was crossing and collided with the Claimant. The Claimant sustained a substantial head injury... |
 Are Pi Firms Blazing a Marketing Trail? - Qamar Anwar, First4Lawyers The world around us continues to change at a rapid pace and artificial intelligence, voice search, programmatic marketing and mobile marketing are already being embraced by various industries. However, the legal sector isn't particularly well known for marketing innovation or for being early adopters, but do personal injury firms fare any better? |
Summary of Recent Cases, October 2017 Here is a summary of the recent notable court cases over the past month... |
| PI Practitioner, October 2017 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Review of the Discount Rate and Changes Going Forward... |
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| An Update from North of the Border, Edited by Kate Donachie, Brodies LLP | |
 Court of Session Offers Useful Guidance in the Assessment of Damages for Fatal Claims - Lauren Baillie, Brodies In Manson v Henry Robb Ltd [2017] CSOH 126, a recent judgement from the Court of Session, Lord Clarke rejected the use of a tariff system to determine damages in fatal claims under Section 4(3) of the Damages (Scotland) Act 2011. Instead he carefully considered issues such as life expectancy, family relationships and the duration of the deceased's suffering to determine the appropriate level of award... |
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| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Conflict Resolution Psychology and Civil Litigation - Dr Hugh Koch, Hugh Koch Associates Following previous articles on how psychology impinges on the civil law process (1,2,3), this outline illustrates possible ways in which the psychology of conflict resolution can apply to medico-legal activity in civil compensation cases and be explored more substantively in a later paper... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Short Notes on Allergies 2017 - 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 allergies... |
 Short Notes on Pain Control 2017 - 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 pain control... |
 What is a Low Value Generalist Screening Report? 2017 - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP explains how McKenzie friends can access the powerful new technique for managing clinical negligence cases... |
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September 2017 Contents
 Welcome to the September 2017 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, September 2017 | |
 Frank Perry v Raleys Solicitors - Elizabeth Jones, Parklane Plowden Chambers The Claimant was a miner who many years ago brought a claim, supported by medical evidence, for VWF (Vibration White Finger). In the current action the Claimant was pursuing his former solicitor for professional negligence in failing to advise him about making a claim for services (which were similar to claims for care and assistance)... |
 Claim under MIB's Untraced Drivers Scheme subject to Qualified One Way Costs Shifting - Malcolm Johnson, BL Claims In Howe v Motor Insurers' Bureau [2017] EWCA Civ 932, Mr Howe was driving a lorry in France on the 30 March 2007 when a wheel detached from a lorry in front of him. The resulting accident left him paraplegic. Neither the other vehicle nor its driver was ever traced. He submitted a claim to the Motor Insurers Bureau and to its French equivalent, but after a time he was told by the French MIB that his claim was out of time. Consequently, he issued proceedings against the British MIB directly... |
 W v Sanofi Pasteur MSD, European Court of Justice, Judgment 21st June 2017 - Peter Todd, Hodge Jones & Allen This judgment of the ECJ recently caused an outcry in certain sections of the media - it was claimed the ECJ had "opened the floodgates for spurious vaccination claims". But what is the legal significance of this decision? |
 Misuse of Forceps Caused Severe Disability: Serious Criticisms of the Defence Run - Paul Sankey, Enable Law In a recent birth injury case (JRM v Kings College Hospital Foundation Trust [2017] EWHC 1913 (QB)) arising from the misuse of forceps, the claimant established liability. The trial judge was very critical of the management of the case by the Defendant... |
| Review of Civil Litigation Costs: Supplementary Report Fixed Recoverable Costs - Liam Ryan, 7 Bedford Row Following on from his overhaul of Civil Litigation in April 2013, Jackson LJ has returned, to in his own word "finish the job" when dealing with the costing of Civil Litigation in England and Wales. The report which seeks to do this entitled the "Review of Civil Litigation Costs: Supplemental Report Fixed Recoverable Costs" (herein referred to as the Report) and was published on the 21st July 2017 and whilst not containing whole sale changes to the law, does propose to make several significant changes, evolutions and in some cases perhaps unwelcome developments into the field of the provision of legal services in England and Wales... |
 Fire Safety - Laura Guntrip, Lester Aldridge The danger presented by fire is well known but people may be surprised by just how many fires actually take place and, in particular, how many occur in care homes... |
| The Rise and Rise of Profile Validity Testing in Neuropsychology - Dr Tim Hull, Consultant Clinical Neuropsychologist, Clinical Director, NPP Psychology, and Independent Practice Neuropsychological assessment has been with us for a long time. It has many clinical uses, but it has come particularly to the fore in medico legal reporting. A Neurologist or a Psychiatrist may carry out brief tests of cognitive functioning but a neuropsychological assessment will produce a far more detailed analysis of an injured person's cognitive impairment and will relate that to any damage they may have to their brain... |
 The Divisibility of Psychiatric Injury and Taking the Stress Out of Apportionment - Jack Harding, 1 Chancery Lane Over the past 9 years personal injury practitioners who have litigated occupational stress claims will have had to grapple with an apparent inconsistency in the case law regarding how to approach the divisibility of psychiatric injury... |
 Is the Criminal Injuries Compensation Scheme Fit for Purpose? - Caroline Kelly, Thorntons Law LLP I wrote earlier this year in the Journal of the Law Society Of Scotland about the sad case of Criminal Injuries Compensation Authority v First Tier Tribunal (Social Entitlement Chamber) and Y [2017] EWCA Civ 39 and the purpose of the Criminal Injuries Compensation Scheme ('the Scheme') (http://www.journalonline.co.uk/Magazine/62-4/1023117.aspx). The Scheme has been in the papers recently for a number of reasons over the last month or so and that raises the question for me as to whether the Scheme is fit for purpose in its current state... |
 Indemnity Costs in Fixed Cost Case - Jonathan Flattery, Express Solicitors Liability was denied and proceedings were issued 28th January 2016. Value was pleaded up to £5,000 so fixed costs applied. Defendant's Defence 22/4/16 denied and alleged the claim pleaded was 'dishonest'. Defendant stated that there was 'no likelihood that the Claimant was confused regarding the incident and where he was struck, the Defendant contends that the factual basis on which the claim made is dishonest... |
| What Are The Responsibilities of Volunteer Marshals? - Mike Kemp, Thorntons News that the British Cycling Federation, an official and a marshal face criminal proceedings for the death of a spectator in the a Mountain Biking event in North Wales has raised the issue of the duties and responsibilities of volunteer marshals in such events... |
 CICA and False Claims: A Rock and a Hard Place? - Caroline Kelly, Thorntons The Criminal Injuries Compensation Authority (CICA) has been in the press on a number of occasions recently about compensation paid out to abuse victims in cases where the allegations have later been exposed as false... |
| Summary of Recent Cases, September 2017 Here is a summary of the recent notable court cases over the past month... |
PI Practitioner, September 2017 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: SRA warning to solicitors involved in holiday sickness claims... |
| An Update from North of the Border, Edited by Kate Donachie, Brodies LLP | |
 Scotland's Specialised Personal Injury Court Continues to Develop Its Personality - Catriona Hepburn, Brodies The All-Scotland Personal Injury Court (ASPIC) was created in September 2015. Recently its Sheriffs have been taking opportunities to express what they believe the fundamental principles of the court should be... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
| Short Notes on Acute Chest Pain 2017 - 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 Acute Chest Pain... |
Short Notes on Depression 2017 - 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 Depression... |
 Short Notes on Congenital Abnormalities 2017 - 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 congenital abnormalities... |
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![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)
