January 2018 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 | |
![]() Liam Ryan considers the the recent Court of Appeal decision of if Whiting v First/Keolis Transpennine Ltd [2018] EWCA Civ 4 and what iot means more generally Appellants seeking to bring an appeal based on the difficult ground of perversity... |
![]() Christopher Boxall discusses the first instance decision in Crawshaw v Alfred Dunhill Limited (County Court Sheffield, 16.11.2017 before District Judge Bellamy)... |
![]() The Court of Appeal has considered the position where a defendant (D1), presented with a claim that is said to be of low value, admits liability but is later confronted with a significant increase in the value of the claim... |
![]() "Public policy is a very unruly horse, and when once you get astride, you never know where it will carry you." These oft repeated words were those of Borough J in Richardson v. Mellish1 in 1824 and are the first reference to the much repeated maxim, that resorting to public policy is equivalent to mounting an unruly horse... |
![]() The question posed by Meadows v Khan [2017] EWHC 2990 (QB) was whether a mother who consults a doctor with a view to avoiding the birth of a child with a particular disability, as opposed to the birth of any child, could recover damages for the additional costs associated with another, unrelated disability. The answer given by Mrs Justice Yip was a counterintuitive, yet commonsensical yes... |
![]() The Supreme Court in Montgomery v Lanarkshire Health Board redefined a doctor's duty in advising patients and obtaining consent to treatment. The new measure of adequate advice was what a reasonable patient like this patient would expect to be told. It was no longer the Bolam test of what a responsible body of doctors would advise... |
![]() The recent High Court case of Marsh v Ministry of Justice (2017) provides that employers must give consideration to the effect on employee's mental health any suspension from work might have and highlights the importance of dealing promptly with misconduct and disciplinary issues... |
![]() The Court of Appeal has considered the position where a defendant (D1), presented with a claim that is said to be of low value, admits liability but is later confronted with a significant increase in the value of the claim... |
![]() Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Disclosure and the Small Claims Track: A Practice Note... |
![]() Question: Will online dispute resolution (ODR) make any headway with high volume - lower value compensation claims? The sceptic would say no, on the basis that many involved in the claims sector resist change, unless it is compulsory. I believe, however, that ODR is already having an impact in this sector and that there will be further significant developments. Here are my reasons... |
![]() It goes without saying that the years of disruption in personal injury (PI) practice looks set to continue unabated - though the appointment of yet another new Lord Chancellor may slow things down as he gets his feet under the table, the thrust of Ministry of Justice policy is likely to be unaffected. That would mean publication at last of the Civil Liability Bill and a consultation on Lord Justice Jackson's recommendations to extend the application of fixed recoverable costs in the coming months... |
![]() Here is a summary of the recent notable court cases over the past month... |
Medico-Legal Articles, Edited by Dr Hugh Koch | |
![]() Human factors affect the process of civil litigation and the behaviour of the various participants, claimants, lawyers, experts, barristers and judiciary. Psychology, since its inception as a body of science, has offered a variety of different branches, namely, clinical, forensic, social/communication and organisational, to help understand psychological and social factors in every day life. Each of these affects the process of civil litigation in many different ways. For example... |
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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 nursing home claims... |
![]() Dr Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving surgical error... preview http://www.pibulj.com/content/law-journal-summaries/news-category-4/4448-short-notes-on-surgical-error-2018-dr-mark-burgin |