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August 2018 Contents

 

Welcome to the August 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, August 2018
RSA v Generali [2018]: Claims for contribution between insurers are subject to a 2 year limitation period - James Byard, Weightmans
Despite the introduction of legislation several decades earlier to restrict employee exposure to carcinogenic asbestos dust and fibres, claims for mesothelioma continue to present in significant numbers. The HSE Summary Statistics [2017] predict deaths due to mesothelioma will continue at a rate of 2,500 per annum until 2020. This is primarily due to...
Recovery of NHS Costs for Treating Diseases - Jenny Dickson, Morton Fraser LLP
The NHS has been able to recover the costs of treating those who have suffered an injury due to the fault of another for some time. Part 3 of the Health and Social Care (Community Health and Standards) Act 2003 allows compensation payments for treatment in hospital or ambulance services. Illnesses are, however, excluded from this...
Fundamental Dishonesty, Conspiracy and Multiple Passenger Claims - Vaughan Jacob, Lamb Chambers
Matthew Boon and 18 others v (1) Dale Pritchard (2) Nigel Mordescai (Liverpool CC, HHJ Gregory, 14 February 2018)...
Vicarious liability for deliberate actions of independent contractor upheld on appeal - David Williams & Andrea Ward, DAC Beachcroft
The question of whether an employer should be held liable for deliberate criminal assaults upon its employees by an independent contractor has been considered by the Court of Appeal in its recent judgment in Barclays Bank plc v Various Claimants...
The Discount Rate: What Next? - Trevor Ward, Fletchers Solicitors
A reminder - when claimants suffer life changing injury and accept a lump sum payment method of compensation, the same is calculated by reference to a rate of return over their lifetime on the theoretical basis of expected earnings from investments of that sum against inflation. The method uses the 'Discount Rate'...
Claim Dismissed in School PE Accident Case: DS v Halton Borough Council - Peter Wake, Weightmans LLP
In a decision which will be widely welcomed by schools, Liverpool County Court has found that a physical education activity during which the claimant pupil was injured was reasonably safe and adequately supervised, hence no liability could attach to the local authority...
Faking it: Holiday Sickness Claims, An Update on the New Rules - Katherine Ettridge, Blake Morgan
As many of you may have heard in the news, tour operators have warned that British tourists could be banned from all-inclusive package holidays in some countries, or the price of going on all-inclusive holidays could rise, as there has been a huge spike in reports of holiday sickness, mostly from British tourists...
A High Court appeal decision which considers fundamental dishonesty and credibility evidence against a claimant - Dan Wood, Ropewalk Chambers & Peter Ward, DAC Beachcroft
Case analysis of Molodi v Cambridge Vibration Maintenance Service and another [2018] EWHC 1288 (QB), [2018] All ER (D) 136 (May) by Dan Wood, barrister at Ropewalk Chambers and Peter Ward, associate at DAC Beachcroft Claims Ltd...
Editorial: Heatwaves and Court Facilities - Aidan Ellis, Temple Garden Chambers
At the start of July, an article in the Economist discussed the obvious difficulties arising from wearing wigs and gowns in Court during a heatwave. As the heatwave intensified over July and the start of August, the article appeared prescient, though not perhaps for the reasons the author intended. In many civil cases, of course, the problem...
Reforming the Personal Injury Discount Rate in Scotland - Nicola Edgar, Morton Fraser LLP
The Damages (Investment Returns and Periodical Payments) (Scotland) Bill was introduced to the Scottish Parliament in June 2018 and provides a new method of fixing the Discount Rate with the aim of ensuring fairness and certainty...
Summary of Recent Cases, August 2018
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, August 2018
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Second appeal on Herbert v HH Law Limited [2018] EWHC 558 (TCC)...
Why transparency is more important than ever in the Legal Services Sector, especially in PI cases, and why we're still not getting it right - Amanda Hamilton, NALP
In the last five years, within the current legal services sector, changes have been so radical that consumers are undoubtedly confused. It used to be that if you had a legal problem, you would automatically turn to a solicitor. Paying for the services of a solicitor was not given a second thought, especially if there was the possibility of legal funding (legal aid)...
Clinical Negligence Medicine by Dr Mark Burgin
EXCLUSIVE: Clinical Negligence experts may have deficient knowledge of their area of expertise in new figures from the GMC and HEE. 2018 - Dr Mark Burgin
Dr Mark Burgin discusses the implications for courts of the results of freedom of information requests on three groups of doctors sitting a knowledge test...