May 2017 Contents
![]() 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.
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Personal Injury Articles | |
![]() In claims to which qualified one way costs shifting applies (now the vast majority of personal injury claims though some older cases still remain), it is often the issue of fundamental dishonesty in CPR 44.16 which determines whether or not the Defendant can enforce an order for its costs against the Claimant... |
![]() In this chapter the development of the current statutory framework for damages for wrongful death is examined. The current statutory framework is summarised. ... |
![]() Personal injury law is ubiquitous. Whilst only a tiny fraction of day to day legal practice in this country, it differs markedly from other areas of law because those engaged in this sort of law often work on an industrial scale, even though most individual clients only have one claim and might reasonably hope to receive a bespoke service. The advent of cold calling, advertising, and publicity from, amongst other sources, the insurance industry itself, has ensured that people are more aware than ever of the possibility of claiming compensation for injuries suffered as a result of somebody else's wrongdoing... |
![]() The recent decision in Marshall v MIB (1) Pickard (2) Generali (3) 2017 provides a useful example of how the rules governing which laws apply in cross border personal injury cases can potentially give rise to unintended consequences... |
![]() In Mohamud v William Morrison Supermarkets Plc [2016] AC 677, the Supreme Court declined the opportunity to broaden the test for vicarious liability. Fletcher v Chancery Supplies Ltd [2016] EWCA Civ 1112, a case involving a collision, sees the application of Mohamud... |
![]() In the recent case of Desmond Muller v Kings College Hospital NHS Foundation Trust the key question to be answered was whether the test in Bolam should be applied to a case where the sole issue of breach of duty was a misdiagnosis... |
![]() Since the Lord Chancellor announced a change to the discount rate on 27 February, the Government has also triggered Article 50 and announced a general election. Whilst these events may have eclipsed the Lord Chancellor's decision in the headlines, the effect of such a significant rate change is still being felt by insurers, compensators and the public sector - and given the delay in Parliamentary activity brought about by the general election - will be felt for some time yet... |
![]() As medical negligence Claimant lawyers gradually get accustomed to corresponding with NHS Resolution, leaving the phonetic NHSLA to one side, I found myself wondering what was the purpose of the rebranding exercise... |
![]() When an optimistic surgeon met an unhappy patient in court, it was the patient who had the judge's sympathy. The story has lessons for all surgeons. The courts now expect much more when it comes to advice and the case of Thefault v Johnson is an example... |
![]() If the most recently mooted Government reforms as to the financial limit of the Small Claims Track of the County Court go through, litigants will increasingly find themselves litigating within a regime with extremely tight strictures as to the recoverability of litigation costs. As all with experience of such cases will know, there is an exception per CPR 27.14(2)(g) to the effect that further costs may be assessed summarily in cases where one or other party has behaved "unreasonably"... whatever that means... |
![]() According to media reports, The EU's chief negotiator has admitted to a clash with Theresa May during last month's dinner in Downing Street and warned that the size of the multibillion pound bill the British government will be presented on leaving the bloc will be 'incontestable'... |
![]() Here is a summary of the recent notable court cases over the past month... |
![]() Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Why do litigants instruct solicitors? Is peace of mind one of their main objectives? It seems the answer is 'possibly'.... |
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An Update from North of the Border, Edited by John Wilson, Brodies LLP | |
![]() Scotland's County Court, the Sheriff Court, has recently seen the reintroduction of jury trials in civil cases. The 2015 legislation creating the specialised All-Scotland Sheriff Personal Injury Court (ASPIC) brought back the use of juries for the first time since 1980. The first trial implementing this new option was heard earlier this month... |
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Medico-Legal Articles, Edited by Dr Hugh Koch | |
![]() Ludlow vs National Power PLC (2000) EWCA Civ. 289. This interesting and complex case involved an appeal by the claimant against the decision about evidence and quantum of the judgment made (1999). The substance of the case was a work accident in which the claimant was thrown forward on a pay-load (motorised shovel). The psychological/psychiatric problems were the subject of the appeal based on, allegedly, insufficient reason for rejecting this head of damages... |
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Clinical Negligence Medicine by Dr Mark Burgin | |
![]() Dr. Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving deafness.... |
![]() Dr. Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving non steroidal anti-inflammatory drugs... |
![]() Dr. Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving breast cancer... |