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July 2019 Contents

Welcome to the July 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
Al-Zahra (PVT) Hospital & Ors v DDM [2019] EWCA Civ 1103 - Ian Meikle, Civitas Law
In this case the Court of Appeal considered whether or not to overturn extensions of time to serve a claim form outside the jurisdiction. In electing to do so, the court drew on and affirmed several previous authorities that provide that the regime is restrictive and sometimes harsh and that the reason for requiring extra time will always be relevant...
Editorial: Handing Down Judgment - Aidan Ellis, Temple Garden Chambers
Two of my hearings recently overran, with the result that judgment was reserved and a further hearing was listed for judgment to be handed down. The subsequent progression of the cases was rather different. In the first, the Judge prepared a written judgment which was...
Scanning the horizon (and other sea-faring cliches) - Jonathan Wheeler, Managing Partner, Bolt Burdon Kemp
I recently presented my firm's business plan to all our staff. As managing partner of the good ship Bolt Burdon Kemp, a practice which exclusively represents seriously injured claimants, it is very much part of my job to scan the horizon for threats and opportunities, and lead everyone through choppy waters. My analysis attracted a lot of attention! So what will PI practice look like in the next year or so?...
How to beat the MIB's off-road vehicle defence - Alan Ball, Irwin Mitchell
This article will discuss a recent case (KMX v DPX and MIB [2018]) that myself and Carolyn Heaton, Partner at Irwin Mitchell, alongside our Counsel, Henry Witcomb QC, have successfully resolved against the Motor Insurers' Bureau (MIB). After over three years of liability being in dispute in August 2018, less than two weeks before trial, the MIB admitted liability in full. This article will discuss the 'off-road' vehicle defence used by the MIB and how we overcame this defence...
McMahon v Rouse - Mary Kay, Spencers Solicitors
The Claimant was the front seat passenger in a vehicle being lawfully driven along the main carriageway by her partner. The Defendant emerged from a side road at 60 mph and collided with the passenger side of the Claimant's vehicle; the combined impact speed was in the region of 120 mph...
Summary of Recent Cases, July 2019
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, July 2019
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month in the practitioner update, we consider the case of Brushett v Hazeldean (unreported). The case concerned a collision between a cyclist and a pedestrian who was looking at her mobile phone whilst crossing the road...
An Update from North of the Border, Edited by Kate Donachie, Brodies LLP
Discount rate for personal injury claims increases in England but Scotland's hands are tied - Kate Donachie, Brodies LLP
On 15 July, the Lord Chancellor announced that the discount rate for England and Wales would be increased from -0.75% to -0.25%. This is a lower increase than had been predicted and a disappointment for the insurance industry, who do not believe it will allow for an appropriate assessment of future loss claims (such as claims for future earnings or care); but what does the decision mean, if anything, for Scotland?...
Medico-Legal Articles, Edited by Dr Hugh Koch
Legal Mind Case and Commentary No 21: To convince or deceive? The analysis of reliable and realistic evidence - Koch HCH, Mushati D & Francis A
This is the twenty-first in a series of Case reports and Commentaries from Dr Koch and colleagues. Case: Spencer vs. Ashwell Maintenance Ltd (Leicester County Court, 21/2/2019). This interesting case was reported by two eminent legal authors (G. Exall and B. Hartley), following a LinkedIn post provided by barrister A. Mckie...
Clinical Negligence Medicine by Dr Mark Burgin
The Secret Authors of Medical Expert Reports - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains how the report writing software or an associate of the expert may be the true author of a medical expert report...
Institutionalised Professional Negligence - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains how the systems set up to protect the public from professional negligence are responsible for growing negligence in institutions...
Is Knowledge Important in General Practice? - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP considers situations where knowledge gaps might worsen the care that GPs can offer their patients...
When did Medical Expertise in PI become Industrial? - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP tells the story of how Medical Expert Witnesses in Personal Injury lost their way with quality as the main casualty...