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November 2019 Contents

 
Welcome to the November 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 Sepsis and Meningitis Claims' by Isaac Hogarth
Chapter Three - Sepsis. This book will give an overview of the medical background, including an overview of signs, symptoms, treatment and outcomes. It will explore the issues on breach and causation that often arise, and will provide practical guidance for practitioners...
Credit Hire: Is it right to hire when the cost of a replacement taxi exceeds a claimant's profits? - Darren Mendel, Horwich Farrelly
Darren Mendel, Partner at Horwich Farrelly, looks at the case of Hussain v EUI Limited where the issue of hire and profit was thrown into question...
Interim Payment on Account of Costs: Global Assets Advisory Services Ltd & Anor v Grandlane Developments Ltd & Ors [2019] EWCA Civ 1764 - Andrew Cousins, Counsel at DWF Advocacy Ltd
The Court of Appeal has given clarification as to how Part 36 interacts with CPR 44 and the Court's powers to make orders for interim payments of costs following acceptance of a part 36 offer...
FREE CHAPTER from 'Ellis on Credit Hire - Sixth Edition' by Aidan Ellis
Chapter Two - Credit Hire Rate Or Basic Hire Rate? It is perhaps helpful to start by stating the general rule again. In Dimond v Lovell,1 after emerging from the thicket of consumer credit issues to address the issue of rates, Lord Hoffmann (with whom Lord Browne-Wilkinson agreed) stated that...
Costs: Court of Appeal judgment on recoverability of disbursements in ex-portal claims (CPR r.45 Section IIIA) - Simon Fisher, DWF
Aldred v Cham, Court of Appeal, 25 October 2019. Simon Fisher examines the Court of Appeal's finding in Aldred v Cham (2019), that counsel's advice fee in a child claim was not recoverable as a disbursement in addition to the fixed costs, and that translation fees are also irrecoverable...
Recording appointments with medical experts: Is the evidence admissible? - Paul Sankey, Enable Law
In a recent case Master Davison considered whether covert recordings of appointments with medical experts should be admitted as evidence. The recordings were obtained improperly or unfairly but nevertheless had probative value...
What Role Will PI Paralegals Play in the Future of the Legal Services Sector? - Amanda Hamilton, NALP
Many PI firms see the potential in employing paralegals and PI firms are often keen to pay for their staff to gain paralegal qualifications or for their paralegals to take CPD courses...
Summary of Recent Cases, November 2019
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, November 2019
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. In this month's practitioner update we bring two useful recent cases to your attention...
Medico-Legal Articles, Edited by Dr Hugh Koch
Legal Mind Case and Commentary No 24: Gestmin and Witness Evidence [Koch HCH, McFadyen K, Crowther-Green H and Milner P, 2019]
This is the twenty-fourth in a series of Case reports and Commentaries from Dr Koch and colleagues...
Clinical Negligence Medicine by Dr Mark Burgin
Appropriate Responses to the Joint Expert Conference - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains how to manage difficult behaviours in the Joint Expert Conference...
The GMC report: Caring for doctors, Caring for Patients - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP reviews the GMC report on the risks posed to patients by increasingly unwell doctors in the NHS...