October 2019 Contents
 Welcome to the October 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.
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| Personal Injury Articles | |
 The legal liability of the sportsman for causing injury to a third party - Alec Samuels, In the course of engaging in his sport the sportsman causes injury to a third party. For a criminal conviction the prosecution will have to prove subjective criminal intent to injure or a reckless indifference as to whether or not an injury would be caused. For negligence the claimant will have to prove the duty of care, proximity, foreseeability, reasonable objective standards, breach, the typical common law claim... |
 FREE CHAPTER from 'Personal Injury 2019 - Updates, Cases and Key Decisions' by Andrew Mckie Chapter One - Costs, Cfa and Retainers - Updates, Cases and Key Decisions. There are now a number of new services advising clients to go back and check if their legal fees were charged correctly. A new breed of claim is from clients challenging success fees (especially in PI and clinical negligence litigation) under the Solicitors Act 1974 (section 70). This is causing a headache for the PI sector... |
 FREE CHAPTER from 'A Practical Guide to Prison Injury Claims' by Malcolm Johnson Chapter One - An Introduction to Injury Claims in Prison. The concept of a prison in English law encompasses a whole host of different institutions, run by different organisations, both public and private. As we see below, there are places where adults or children are detained, but not all are called prisons... |
 When may a parent company be liable for harm caused by the operations of its subsidiary: new developments in Vedanta Resources plc v Lungowe - Harry Sheehan, Devereux Chambers The Supreme Court's decision in Vedanta Resources plc v Lungowe [2019] UKSC 20 marks a substantial new development in the state of parent company liability and provides clear guidance as to when a parent company may be liable to those harmed by the operations of its subsidiary... |
 Package Travel Claims: Where Are We Now? - Katherine Allen, Hugh James In April 2018 regulations implementing Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements (PTD 2015) were published. These came into effect on 1 July 2018... |
 Case Summary: S (by Litigation Friend) v U - Helen Reynolds, Spencers Solicitors The Claimant (aged 17 at the time) suffered catastrophic injuries in a road traffic accident. He was a front seat passenger in a car driven by his friend, the Defendant. The Claimant suffered life changing injuries including a severe traumatic brain injury, serious orthopaedic injuries and psychological injury. At the time of the accident the Claimant was studying at college and working part time... |
 PI firms ignoring clients who contact them after 5.30pm or via Facebook - Qamar Anwar, Managing Director, FIRST4LAWYERS Personal injury (PI) law firms are failing to adapt to clients using less traditional methods of contacting them by not responding when clients call them out-of-hours or via Facebook, according to our latest mystery shopping research... |
 Case Summary: W v Burns - Kristy Price, Spencers Solicitors The Claimant was involved in a previous road traffic accident back in 2015 and the Claimant also suffered with pre-existing multiple sclerosis. Immediately after the accident, the Claimant suffered with severe symptoms to his head, neck and lower back causing a restricted range of movement. These symptoms improved over time. The Claimant also suffered with severe driver anxiety including nervousness and being over-cautious. Driving also exacerbated his symptoms... |
 Summary of Recent Cases, October 2019 Here is a summary of the recent notable court cases over the past month... |
 PI Practitioner, October 2019 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month" Miles Baynton-Williams v Ashley Mark Baynton-Williams [2019] EWHC 2179 (Ch)... |
| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Legal Mind Case and Commentary No 23: Reasoning and Logic in Psychological/Psychiatric Evidence [Koch HCH, Crowther-Green H and Nokling K, 2019] This is the twenty-third in a series of Case reports and Commentaries from Prof Koch and colleagues. Background: Yah v. Medway NHS Foundation Trust (2018) EWHC 2964 (QB)... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Review of MedCo training 2019 - Dr Mark Burgin Dr Mark Burgin reviews the quality and relevance of the continuing professional development training provided by MedCo for its registered experts... |
 Missing Evidence and CPR35.14 - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP discusses how a one-size-fits-all policy for medical records review increases costs and allows a minority of solicitors to game the system... |
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
