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December 2019 Contents

Welcome to the December 2019 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
FREE CHAPTER from 'A Practical Guide to the Law of Driverless Cars - Second Edition' by Alex Glassbrook, Emma Northey & Scarlett Milligan
With the increase in numbers of electric vehicles, automated driving systems are becoming widespread. The next phase of the evolution in road vehicles - towards fully-automated cars - is nearly upon us. Since the publication of the first edition of this book, a cornerstone piece of legislation (the Automated and Electric Vehicles Act 2018) has appeared on the British statute book, though it is yet to be brought into force...
FREE CHAPTER from 'A Practical Guide to Military Claims' by Ahmed Al-Nahhas
The Employer's Duty of Care - In this Chapter we will explore the legal rights of service personnel, the types of claims they may bring and consider some developments in the law. As we shall see, although their rights are heavily curtailed when compared to civilians, they are still owed a duty of care by the State which is analogous to that owed by employers to employees, and they have the means to enforce that duty in the civil courts...
Holiday Illness Fraud: pursuing committal proceedings against dishonest claimants - even if legal proceedings are not submitted by the claimant - Jared Mallinson, Horwich Farrelly
Jared Mallinson, Fraud Partner at Horwich Farrelly, looks at why the fight against fraudulent holiday illness claims is still as crucial as ever...
Case Summary: S v K - Karen Cawood, Spencers Solicitors
Case Name: S v K, Accident Date: 04/11/2014, Settlement Date: 01/05/2019, TOTAL GROSS SETTLEMENT: £40,000.00. Background: The Claimant, age 34 at the time of the accident, suffered injuries to his neck and back which were entirely attributable to the accident. The Claimant underwent physiotherapy and was referred for a lumbar x-ray...
When the Ogden Tables just don't work - Malcolm Henke, Horwich Farrelly
Particularly during periods when low discount rates produce high multipliers, claimants will always seek to have their claims for future losses calculated on a multiplicand/multiplier basis, using the Ogden Tables. Indeed, in Irani v Duchon (2019) EWCA Civ 1846 the Court of Appeal confirmed that was the method to be preferred when calculating future loss of earnings. However...
Summary of Recent Cases, December 2019
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, December 2019
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: concerning the appropriate basis for quantifying a claimant's future loss of earnings...
Clinical Negligence Medicine by Dr Mark Burgin
Understanding GPs: Biopsychosocial Progress - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP discusses a novel way of measuring GP effectiveness based upon the Biopsychosocial Model BPSM...
Do GPs make Reasonable Adjustments for Disabled People? - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP considers what is a reasonable adjustment in General Practice and the recent vote on home visits at the GPC...