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July 2020 Contents

Welcome to the July 2020 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
Vicarious liability comes to a sudden stop - Sam Way, Devereux Chambers
In two cases, each addressing a different boundary to the application of vicarious liability, the Supreme Court has brought an end to the policy-driven expansion of the doctrine in favour of a return to clear legal principles that should bring increased certainty in an area which has lacked clarity over recent years...
QOCS and Set-Off: Court of Appeal finds for defendant but gives permission to appeal to the Supreme Court - Andrew Roy,12 King's Bench Walk
In Ho v Adelekun (No. 2)2020] EWCA Civ 517 the Court of Appeal confirmed that the QOCS regime did not preclude a defendant from setting off his or her costs against a claimant’s costs. This was irrespective of whether or to what extent the defendant was precluded from enforcing costs against the claimant’s damages...
Section 33 of the Limitation Act 1980: Credibility and Prejudice - Andrew Roy & Nina Ross,12 King's Bench Walk
Under s.33 Limitation Act 1980, the court may disapply the limitation period in a personal injury claim if it is equitable to do so having regard to the prejudice to the claimant if precluded from bringing his claim and the prejudice to the defendant in being required to meet an out of time claim...
Summary of Recent Cases, July 2020
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, July 2020
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Zenith Insurance Plc v LPS Solicitors Ltd [2020] EWHC 1260 (QB)
Medico-Legal Articles, Edited by Dr Hugh Koch
Becoming more virus-resilient: tips on dealing with the COVID-19 coronavirus situation (updated) - Professor Hugh Koch
Key risk factors are clearly proximity to infected individuals but our own personal resilience can enhance our protection to becoming unwell... but what does this mean?...
Clinical Negligence Medicine by Dr Mark Burgin
Causing Pain to Conscious Patients - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP discusses the ethical issue of how much pain it is reasonable to inflict on a conscious patient.
Appropriate Use of Hyperbole by Experts - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP discusses how an apparently exaggerated opinion can be consistent with the expert's duty to the Court...
Book Reviews

Book Review: 'Personal Injury Limitation Law 4th Edition' (Bloomsbury) by Andrew Roy and Nina Ross
Reviewed by Aidan Ellis, Temple Garden Chambers...