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September 2019 Contents

 

Welcome to the September 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.

 

What is Unjust? JLE v Warrington & Halton Hospitals NHS Trust Foundation [2019] - Andrew Cousins, Counsel at DWF Advocacy Ltd
The appeal arose from a Detailed Assessment of costs following settlement of a claim for monetary damages. The background to the appeal was uncomplicated in that the Claimant served a bill of costs for £615,751 and subsequently made a Part 36 offer to accept £425,000...
Recoverable Premiums and Proportionality - Nick McDonnell, Kain Knight Costs Lawyers
The 17 July 2019 saw the handing down of the combined, unanimous Court of Appeal judgment from The Master of the Rolls (Sir Terence Etherton) together with LJs Coulson and Irwin in West & Demouilpied v Stockport NHS Foundation NHS Trust [2019] EWCA Civ 1220. For some who regularly practice in legal costs it is the most important judgment of the last six years...
Brexit and Accidents Abroad - Paul Lewis, George Ide LLP
Many of us know that, if we have an accident in the UK that to some extent was the fault of another driver, we may be able to make a claim against the insurer of that vehicle or driver. But what is the current process for making such a claim if we have an accident abroad, and will that change if we leave the EU as planned on 31 October?...
Case Report: B v Murtezi - Helen Reynolds, Spencers Solicitors
The Claimant aged 53 at the time, was involved in a road traffic accident. He had a long history of neck and low back pain, having undergone extensive anterior lumbar spine and cervical spine surgery...
Case Report: C v Weeks - Steven Barke, Spencers Solicitors
The Claimant (age 43 at time of accident) was the driver of a motor vehicle when it was involved in a head on collision with another vehicle on 8th May 2014. Her 2 youngest children were back seat passengers in the vehicle. The claimant was 6 months pregnant at the time...
PI Discount Rate: ABI vs Government - Qamar Anwar, Managing Director, First4Lawyers
It must have come as a nasty shock to the Association of British Insurers (ABI) when the government didn't do what it was told over the discount rate. After all, if the last decade has taught us anything, it is that the ABI gets its way on personal injury reform...
Summary of Recent Cases, September 2019
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, September 2019
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month we consider the suitability of litigation friends, in light of the recent case of Lorna Jamous v Alexander Mercouris [2019] EWHC 1746 (QB)...
Clinical Negligence Medicine by Dr Mark Burgin
Capacity to Parent: Reasonable Adjustments - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP explains how parents can overcome their disabilities if the right reasonable adjustments are offered to the parent...
Medical Leadership in the 2020s - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP explains how medical leadership has been behind the curve when reacting to the crises that are facing the profession...
Is Everyone Disabled under the Equality Act? - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP considers issues in the legal definition of disability as thresholds appear to change with courts' interpretations of the law...
Why Do Doctors Find Completing Legal Forms So Difficult? - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP looks at the factors that impair a doctor's ability to comply with legal instructions when completing forms...