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October 2020 Contents

Welcome to the October 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
Swift v Carpenter and the Cost of Special Accommodation - Carin Hunt, Outer Temple Chambers
The case of Swift v Carpenter was heard by the Court of Appeal on 23 -25 June 2020 and judgment is eagerly awaited by catastrophic injury practitioners. This article gives a quick overview of what is in dispute...
FREE CHAPTER from 'A Practical Guide to the Law of Medical Treatment Decisions' by Ben Troke
Decisions about medical treatment can be about life and death, such as withdrawal of treatment or (not) providing CPR. Or about quality of life, liberty and independence, which can be just as important. But the legal (and ethical) framework around these decisions is often misunderstood, leading to distress and disputes at the very worst of times. We have seen this in a few very high-profile cases, but there will have been untold others in private...
FREE CHAPTER from 'A Practical Guide to Clinical Negligence - 2nd Edition' by Geoffrey Simpson-Scott...
Modern clinical negligence litigation remains complex. It requires the detailed and accurate assessment of the case; an understanding of many different areas of medicine and clinical practice; and the ability to marshal seemingly ambiguous evidence in a way which best meets your client's needs...
Clinical Negligence Claims and the Myth of Defensive Medicine - Paul Sankey, Enable Law
Do claims for damages risk encouraging defensive medicine? Lord Justice Irwin thought so and described it as 'self-evident' in a 2017 Court of Appeal judgment[1]. In fact, he had probably fallen victim to a myth. A recent paper by Paula Case, who has looked at 50 years of research on the subject, has exposed a lack of rigour in the evidence supporting what we may call the defensive medicine argument...
How will COVID-19 change the personal injury landscape? - Kelvin Farmaner, Trethowans LLP & David Wilson, Van Ameyde UK Limited
In the motor insurance space the headline news is that there has been a downward trend in terms of claims volumes...
Summary of Recent Cases, October 2020
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, October 2020
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Swift v Carpenter...
Clinical Negligence Medicine by Dr Mark Burgin
Top 10 Ways That Defendant Solicitors Win Clear Cut Cases - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP describes the top 10 techniques used by defendant solicitors to kill a case where there is no real chance of defendants wining...
How Medical Accidents Happen - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP describes how best care can be a fail-dangerous system that make medical accidents inevitable...