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February 2019 Contents

Welcome to the February 2019 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
Recovering and challenging additional liabilities - Andrew Roy, 12 King's Bench Walk
In NJL v PTE [2018] EWHC 3570 (QB) Martin Spencer J set out the proper method for quantifying the risks associated with Part 36 offers for the purposes of assessing success fees. This case demonstrates the importance of any claim for an additional liability being properly supported by evidence...
Appeals, Clinical Records and Adverse Inferences - Anna Datta, Parklane Plowden Chambers
Anna Datta examines the case of Claire Manzi v King's College Hospital NHS Foundation Trust [2018] EWCA Civ 1882...
Editorial: Delay and Adjourned Hearings - Aidan Ellis, Temple Garden Chambers
Previous editorials have drawn attention to the prevalence of late adjournments of trials due to judicial availability or court resources. Anecdotally, the ripple effect of these adjournments seems to be leading to substantial delays. Towards the end of January, a fast track trial in one of the London courts was vacated due to over-listing...
Deal or No Deal? Brexit and Accidents Abroad - Kelvin Farmaner, Trethowans LLP & FOIL
It has been difficult to avoid the daily newsfeed updating us on the progress (or lack of progress) with Brexit negotiations. What is less well publicised however is the fact that the question of whether the government manages to negotiate a deal with the EU prior to 29 March will impact upon how...
SSB Law win landmark industrial disease case - Stuart White & Christopher Johnson, SSB Law
In a landmark judgement, the High Court has ruled that a former employee of Alcoa, one of the world's largest producers of aluminium, should be compensated for loss of hearing despite unsupportive expert evidence...
£23m settlement for brain injured child: the cost of medical negligence - Ben Gent, Express Solicitors
In December 2018, the High Court approved a £23m compensation settlement for a 10-year-old boy (AC) who suffered brain damage at birth as a result of medical negligence, in what relatively superficial research suggests is the third largest injury settlement ever reported in this jurisdiction...
Summary of Recent Cases, February 2019
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, February 2019
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month we consider adverse inferences being drawn against defendants who fail to adduce evidence and instead simply put the claimant to proof, with reference to the recent case of Mackenzie v Alcoa Manufacturing (GB) Ltd [2019] EWHC 149 (QB)...
Clinical Negligence Medicine by Dr Mark Burgin
Holiday Sickness Claims: Travel Claims for Gastroenteritis - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains how the medical expert assesses a claimant who states that they have suffered from travel related gastroenteritis...
Practical steps for complying with GDPR - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains why complying with the information commissioner office will assist compliance with the GDPR and The Data Protection Act 2018...
Answering Material Questions in Injuries with a Mental Health Component - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains how a generalist medical expert provides answers to the court's material questions in a mental health assessment...