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April 2018 Contents

Welcome to the April 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
Can a claim be made for becoming sensitised to an industrial chemical despite being asymptomatic? - Simon Anderson, Park Square Barristers, Leeds
Can a claimant found a claim for personal injury for having been sensitised to an industrial chemical through exposure to it, despite being asymptomatic? Yes, according the unanimous decision of the Supreme Court (Lady Black giving the sole judgment) in Dryden and others v Johnson Matthey Plc [2018] UKSC 18...
Countdown to GDPR - Aidan Ellis, Temple Garden Chambers
There is no doubting the hot topic this Spring. In all of my last visits to Court, the conversation in the robing room has turned at some stage to issues surrounding compliance with the GDPR. Nor is the concern limited to lawyers...
It's a Fair Cop: Supreme Court Reviews Duty of Care (and a Foot Note on the Worboys Case) - Patrick West, St John's Chambers
Robinson v Chief Constable of West Yorkshire [2018] UKSC 4 SC (Lady Hale PSC, Lord Mance DPSC, Lord Reed JSC, Lord Hughes JSC, Lord Hodge JSC) 08/02/2018...
Some Practical Aspects of Chronic Pain - Pankaj Madan, 12KBW & Exchange Chambers
What is Chronic Pain Disorder? 'Pain is an unpleasant sensory and emotional experience associated with actual or potential tissue damage, or described in terms of such damage' International Association for the Study of Pain...
Part 36 v Part 45: Which is Winning Round 2? - Ella Davis,1 Chancery Lane
The cost consequences on judgment of a Claimant beating a Part 36 offer in a fixed recoverable cost case have been tolerably clear since the Court of Appeal's decision in Broadhurst v Tan [2016] EWCA Civ 94. In a nutshell, rule 36.14(A) (now rule 36.21) prevailed over rule 45.29(B)...
Does 'fundamental dishonesty' need to be explicitly pleaded and/or put to a claimant in cross-examination? - Max Wilson, 1 Chancery Lane
These questions have been answered in the recent Court of Appeal decision, Lorna Howlett & Justin Howlett v Penelope Davies & Ageas Insurance Limited [2017] EWCA Civ 1696...
CFA Assignment: The End of the Yellow Brick Road? - Christopher McClure, John M Hayes
By way of recital from our first article in this series on CFA assignment, the reader will recall that Budana v The Leeds Teaching Hospitals NHS Trust concerns, in brief, the following facts...
Incurred Costs: A Fixed or Moveable Feast? - Marc Banyard, John M Hayes
Technical costs specialist Marc Banyard explores the thorny issue of the treatment of costs incurred between the date of an initial costs budget and the date on which an updated costs budget has been prepared and asks whether the same fall as 'incurred costs' for the purpose of the updated budget or remain as future costs...
Summary of Recent Cases, April 2018
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, April 2018
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Update on the Civil Liability Bill...
Medico-Legal Articles, Edited by Dr Hugh Koch
Legal Mind Case and Commentary No 17: The Joint Statement: Concise, Impartial and Key - Professor Hugh Koch, Dr Eleanor Sorrell, Dr Luisa Fernandez-Ford
Case: 23.02.18 - David John Saunders v. Central Manchester University Hospitals NHS Foundation Trust (2018) EWHC343 (QB)...
Clinical Negligence Medicine by Dr Mark Burgin
Short Notes on Immunisation 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 immunisation...
Short Notes on Cirrhosis 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 liver cirrhosis...
Short Notes on Back Pain 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 back pain...