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June 2019 Contents

Welcome to the June 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, June 2019
Diamond v Royal Devon and Exeter NHS Foundation Trust [2019] EWCA Civ 585, [2019] All ER (D) 53 (Apr) - Laura Johnson, 1 Chancery Lane
The Court of Appeal upheld the first instance decision that although a surgeon who had repaired the appellant's hernia using an abdominal mesh had breached his duty by providing her with inadequate information about alternatives to that procedure, the breach had not caused her injury or damage because she would have opted for the same procedure even if proper consent had been obtained...
Allen v Brethertons LLP [2018] EWHC B15 (Costs) - Claire Green, Association of Costs Lawyers
Costs Lawyers may generally operate behind the scenes, but a recent case in the Senior Courts Costs Office provides a useful reminder of our professional status and the important role we play in the resolution of costs disputes...
Inglis v MOD [2019] EWHC 1153(QB), Peter Marquand sitting as a Deputy High Court Judge - Robert O'Leary, Crown Office Chambers
In Inglis v Ministry of Defence, a former Royal Marine was awarded £545,766 for his noise-induced hearing loss and tinnitus...
Insurers trying to make fools of Government over whiplash savings - Phil Sherwood, President of CILEx
The Association of British Insurers recently reported that following the personal injury reforms enacted by the Civil Liability Act, they are passing savings on to consumers in the form of lower motor premiums which saw a fall of £24 in the first three quarters of 2018. Whilst this is good news, it simply isn't plausible to relate this to reforms that are yet to be implemented...
Heads Up: How is head injury treated in the world of sport? - Rujina Begum, Bolt Burdon Kemp
There has been a lot of media attention in the last few months about head injuries occurring during sports games. Whilst it was visibly distressing to see a head injury occurring during the Champions League Final, what was even more traumatising was the fact that the player was allowed to return to the pitch moments later. It is true that there are different rules for...
Exploring the impact of personal injury on mental health - Tom Fitzgerald, Managing Director of National Accident Helpline
For years, we have known that the effect of a personal injury extends beyond the physical hurt, but naturally, the focus remains on the physical injury itself. But as attitudes continue to change, there is an increasing recognition of the importance of protecting our mental health, and this is something which is hugely important at a time of trauma like an accidental injury...
Fixed recoverable costs are restricting smaller firms' ability to offer services - Phil Sherwood, President of CILEx
The introduction of fixed recoverable costs (FRC) for low-value personal injury cases has restricted smaller law firms from offering their services to the public and this will be made worse by plans to extend FRC...
Claimant solicitors predict closures and redundancies as a result of Civil Liability Act reforms - Qamar Anwar, First4Lawyers
Over 100 PI (personal injury) solicitors responded to our annual State of the Market survey. Practitioners told us that the Civil Liability Act reforms will lead to a sharp contraction in the claimant personal injury market, resulting in firm closures and staff redundancies...
Summary of Recent Cases, June 2019
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, June 2019
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area...
Personal Injury Articles, June 2019
The Systems Ageing Index - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP uses a theory of ageing based upon the function of physiological systems to create a novel multidimensional index...
How Doctors Keep up to Date - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP describes the rather patchy and disorganised systems that attempt to ensure that doctors are safe to practice...
Advantages and Disadvantages of a Moderate Volume, High Location PI Medical Practice - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP discusses how of diversity in approach is central to agencies ability to deliver a high quality service that is inclusive...