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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.

 

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...
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...