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October 2015 Contents

 

Welcome to the October 2015 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles and take the CPD quiz. Please remember to fill in our quick feedback form after you have finished.

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Personal Injury Articles
Sports Risks: Duty of Care: Back to Basics - Dr Julian Morris, Parabis Law LLP
It is quite usual to reach for a guide book when heading off to foreign climes or setting out for a country walk but to what extent can a reader hold a guide's producers legally responsible if something goes wrong while following their directions or advice? This point was tested recently...
The Scope of Negligence Liability of Those Suffering From Mental Illness - Richard Spearman QC, 39 Essex Chambers & Stuart Nicol
Dunnage v Randall and another [2015] EWCA Civ 673, [2015] All ER (D) 49 (Jul). In a judgment handed down on 2 July 2015, the Court of Appeal stated how, in accordance with English law, the tort of negligence strikes a balance between individuals who by reason of...
Qualified One Way Costs Shifting - Mark Carlisle, Director of Deep Blue Costs and Consultant Law Costs Draftsman at Berlad Graham LLP
The transitional provisions and Casseldine -v- the Diocese of Llandaff Board for Social Responsibility [2015]. On the face of it QOCS is straight forward. It provides Claimants in personal injury cases with full protection against liability...
Is it Time for Medical Ethics Experts in Lack of Consent Cases? - Daniel Sokol, 12 King's Bench Walk
Following the landmark case of Montgomery v Lanarkshire Health Board [2015] UKSC 11, I have been instructed on several cases of alleged failure to obtain valid consent. At present, consultants in the relevant specialty are asked to produce expert reports on the quality of the consent process...
Editorial: Court Reviews - Aidan Ellis, Temple Garden Chambers
Whilst trying to find the temporary location of Edmonton County Court this month, I came across the Google reviews of this Court. Fourteen people had posted reviews, giving the Court an average rating of 1.3 out of 5. Given that the lowest possible rating is 1 out of 5 (which was the score awarded by...
The Abolition of Civil Liability in Employer's Liability Claims: An Early Indication of the Courts' Approach? - Jack Harding, 1 Chancery Lane
Section 69 of the Enterprise and Regulatory Reform Act 2013 amended section 47 of the Health and Safety at Work etc. Act 1974 in so far as it relates to civil liability. The section now provides that breach of a duty imposed by a statutory instrument containing health and safety regulations shall...
LM (A Child and Protected Party by his Father and Litigation Friend SM) v Central Manchester University Hospitals NHS Foundation Trust [2015] EWHC 2279 (QB) - Richard Baker, 7BR
The Claimant, a man now aged almost 19-years, alleged that he suffered severe brain damage because of breach of duty at the time of his delivery and birth. Liability issues were compromised in 2013 and judgment entered on the 24th June 2013 for damages to be assessed at 50% of the full value of the claim...
The Enterprise Bill: Payment of Insurance Claims - James Gibbons, Browne Jacobson LLP
The Enterprise Bill ("the Bill") was published in September 2015 and contains provisions which, if enacted, would imply terms into all insurance contracts that require an insurer to pay sums due to insureds within a reasonable time. The changes are likely to have the most significant impact on first party loss policies. However...
Duty of Care: Hospital Not Liable for Non-Clinical Staff Giving Incorrect A&E Waiting Time - Tracy Sell-Peters & Andrew Cousins, DWF
Andrew Cousins reviews this interesting decision limiting the expansion of duties placed on hospitals. In Darnley v Croydon Health Services NHS Trust, the High Court held that the Trust did not have a duty of care to provide accurate waiting times to patients attending A&E...
Practice, Procedure and Fair Proceedings in the Coroner's Court: Wilson -v- Hm Senior Coroner for Birmingham and Solihull - Gordon Exall, Zenith Chambers
In Wilson -v- HM Senior Coroner for Birmingham and Solihull [2015] ewhc 2561 (Admin) l the Divisional Court rejected an application for judicial review of a Coroner's narrative verdict...
The Rise in Injury Litigation: Dodgy Claims Managers? - Thomas Crockett, 1 Chancery Lane
An article in the Sunday Times a few weeks ago caught my eye. This revealed the aggressive tactics employed by predatory claims farmers to ensure that as many people as possible who have been involved in accidents bring claims for damages for personal injuries. Their tactics were reported as including...
Ms Veena Kamari Sharma v Cropz of London Limited - Gavin Redman, Express Solicitors
Ms Sharma attended a London Beauty Salon to have a procedure known as threading. This involves a technique to remove unwanted hair. As a result of this treatment, she sustained an adverse reaction. Sarah Mawdsley, Partner of Express Solicitors acted on her behalf...
Is It Strictly Illegal? - Simon Anderson, Park Square Barristers
It is with starry-eyed nostalgia that lawyers recall undergraduate law questions. I was recently presented with the following set of facts that resembled an examination paper on the topic of ex turpi causa non oritur action...
Damages Assessed on a Loss of Chance Basis: Interesting Court of Appeal Observations and a Round Up of the Relevant Cases - Gordon Exall, Zenith Chambers
In Lillington -v- Ministry of Defence [2015] EWCA Civ 775 the Court of Appeal made some interesting observations in relation to damages for loss of chance of career promotion. The court was somewhat sceptical about the (joint) submissions that damages for future loss of earnings could not...
One Judge Can Summarily Assess The Costs Of Another Judge's Costs Order - Nick McDonnell, Just Costs Solicitors
In Transformers And Rectifiers Ltd v Needs Ltd [2015] EWHC 1687 (TCC) (12 June 2015), Coulson J found that, in certain circumstances, a judge can summarily assess the costs arising out of a costs order made by a different judge...
What Is It About Driving? - Peter Harthan, 7 Harrington Street
Two people are walking down a busy High Street. They are reasonably well adjusted, unexceptional members of society. Use your imagination to attach further details as you think appropriate. Anyway, one of these people, perhaps glimpsing something in a shop window or distracted by their mobile phone...
FOIL Responds to Court Fees Hike Consultation - Laurence Besemer, Forum of Insurance Lawyers
Although inflation in the UK has been bumping along at below 3% for the last couple of years there is been one area where the picture has been dramatically different - court fees. In 2014, issue fees were increased very significantly, with increases of up to 80% on money claims for between...
The Ogden Tables -v- Smith & Manchester: A Court of Appeal Decision on Loss of Earnings - Gordon Exall, Zenith Chambers
In Billett -v- Ministry of Defence [2015] EWCA Civ 773 the Court of Appeal overturned a decision that future loss of earnings should be determined by the "Ogden tables" approach and replaced it with the more traditional Smith -v- Manchester approach. Lord Justice Jackson sets out a detailed explanation of...
Summary of Recent Cases, October 2015
Here is a summary of the recent notable court cases over the past month.
PI Practitioner, October 2015
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area.  This month: Applications for relief from sanctions, one year on from Denton
An Update from North of the Border, Edited by David Stihler, Brodies LLP
Scottish Costs Reforms: Fundamental Changes in Costs of Scottish Litigation (Update From North of the Border) - David Stihler, Brodies LLP
One of the recommendations in Lord Gill's review of the Scottish Civil Courts, as commented upon in the last update from North of the Border, was for a review of the costs of litigation in Scotland to be undertaken. Sheriff Principal Taylor completed that review, producing a report making 85 recommendations...