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February 2018 Contents

Welcome to the February 2018 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 BOOK CHAPTER: An Introduction to Housing Disrepair and Cavity Wall Claims (from 'A Practical Guide to Running Housing Disrepair and Cavity Wall Claims, 2nd Edition' by Andrew Mckie & Ian Skeate)
The Small Claims Track change for personal injury cases is likely to come into effect in October 2019. This book looks at other areas personal injury practitioners have begun to focus in, including housing disrepair and cavity wall claims, which may not be subject to fixed costs / small claims track costs.
Valid Consent: The Role of the Medical Expert - Paul Sankey, Enable Law
What is the medical expert's role in reporting on consent to treatment? With the change in the law following Montgomery v Lanarkshire Health Board in 2015 that role has also changed...
Ivor Cook v Swansea City Council 2017 - Joanne Pruden, Browne Jaconson LLP
In the case of Ivor Cook v Swansea City Council 2017 the Claimant slipped on ice in an unmanned car park owned and operated by a Local Authority which had not been gritted...
FREE BOOK CHAPTER: Introduction to the Jackson Report 2017 and CMC Regulation: A Summary of the Changes
A free online chapter from 'A Practical Guide to the 2018 Jackson Personal Injury and Costs Reforms' by Andrew Mckie. 2018/2019 is going to be a huge year for the Personal Injury world (yet again)! Changes are aloft in all different areas of Regulation. A ban on cold calling for claims companies, the movement of claims management companies towards FCA Regulation and more fixed costs for personal injury claims. This book is designed to be a comprehensive guide to take practitioners through all the changes in a clear and easily digestible way...
FREE BOOK SAMPLE: The Nature of Consent (from 'A Guide to Consent in Clinical Negligence Post-Montgomery' by Lauren Sutherland QC)
For many years, the law in the UK on consent was singularly out of step with other Commonwealth jurisdictions. Now the recent decision of the Supreme Court in the case of Montgomery v Lanarkshire Health Board has clarified the position in the UK and firmly recognised the rights of the patient in this area of the law...
Divisibility of Psychiatric Injury - Charley Turton, 12 King's Bench Walk
The vexed question of the divisibility of psychiatric injury has recently been revisited by the Court of Appeal in BAE Systems (Operations) Ltd v M Konczak [2017] EWCA Civ 1188, an employment case of wide importance and application...
Serving Food That Might Cause Adverse Reactions - Gabrielle Broomhead, Ashfords LLP
It is important for anyone serving food to the public to know what the food contains as some ingredients can cause adverse reactions. This may be because a customer is allergic or has a food intolerance. Allergens in food can cause severe reactions, including death to those with acute allergies. Food intolerances on the other hand generally have minor symptoms...
Editorial: Budget Discussion Reports - Aidan Ellis, Temple Garden Chambers
I have recently had a number of costs and case management hearings in which the late filing of a budget discussion report by one party or the other, or a failure to engage in negotiations, has been largely excused by the Courts. It is suggested that that approach may be too lenient and that, to enforce compliance with orders and rules, some sanction should be imposed as a matter of course where a budget discussion report is filed late...
Case Comment on Hassell v Hillingdon Hospitals NHS Foundation Trust [2018] EWHC 164 (QB) - Lucile Taylor
The claim arose out of the C5/6 decompression and disc replacement operation performed by the Defendant, a spinal orthopaedic surgeon, on the Claimant, who was, at the time, working full time as a head of years 7, 8 and 9 at a local secondary school...
Mrs Rhonda Stewart (New Rohonda White) v Lewisham and Greenwhich NHS Trust [2017] EWCA Civ 2091 - Andrew Wilson, Park Square Barristers
In a case where the claimant alleges breaches of an employer's duties under the Management of Health and Safety at Work Regulations 1999, of the Manual Handling Regulations 1992 and of its common law duty of care, in relation to an injury caused by lifting an object, the Claimant must first prove that there was a real risk of injury before deciding whether there was any breach of duty...
Defective Pavement Trip Leads to £6m Compensation - Daniel Slade, Express Solicitors
This case, won by Express Solicitors, illustrates several points including: issues surrounding consanguineous marriages in personal injury claims, claims for housing following the settlement of JR V Sheffield, invasive medico-legal testing, the disastrous effects of recumbence on rehabilitation...
High Court Decision Will Affect All London Pedestrians and Bus Drivers - Daniel Slade, Express Solicitors
This case, run by Manchester-based personal injury law firm Express Solicitors, saw the High Court hand down an important decision that will affect all pedestrian Londoners and London bus drivers, and has proved how important is for lawyers not to overlook the secondary effects of drivers' negligence...
PI Practitioner, February 2018
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: The Shifting Shape of Privilege...
Summary of Recent Cases, February 2018
Here is a summary of the recent notable court cases over the past month...
Medico-Legal Articles, Edited by Dr Hugh Koch
Legal Mind Case and Commentary No 16: Fundamental Dishonesty: Honest Claimants Have Nothing to Worry About - Professor Hugh Koch, Dr Jenny Bowe, Dr Rachel Strachan & Dr Samantha Day
Case: London Organising Committee for the Olympic and Paralympic Games (in liquidation) v. Sinfield. A ruling was given that a volunteer injured at the 2012 Olympics was dishonest in exaggerating the costs of gardening help required following the accident. He stated that the fact that the greater part of the claim may have been genuine was 'neither here nor there'...
Clinical Negligence Medicine by Dr Mark Burgin
Short Notes on Suspected Abuse in Children 2018 - 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 suspected abuse in children...
Short Notes on Sepsis 2018 - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence and coroner cases involving sepsis... preview http://www.pibulj.com/content/law-journal-summaries/news-category-4/4462-short-notes-on-sepsis-2018-dr-mark-burgin