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July 2018 Contents

 

Welcome to the July 2018 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
In Credit Hire circles, what goes around comes around (again...): Irving v Morgan Sindall PLC considered - Jason Prosser, Leeper Prosser Solicitors
In Credit hire arguments go in circles, at least that is the experience of the writer (who has now been engaged in conducting credit hire claims for nearly 15 years), with issues which one thought had been decided being raised again and again...
Pauline Carter v Kingswood Learning and Leisure Group Limited - Angus Piper, 1 Chancery Lane
Foskett J gave judgment on the 27th June 2018 on the claim of Pauline Carter v Kingswood Learning and Leisure Group Limited [2018] EWHC 1616 (QB), having heard evidence and submissions over 4 days earlier in the month. The trial was in respect of liability only, on a personal injury claim which was potentially...
Metal on Metal hips and the Consumer Protection Act 1987 (Part Two) - James Bell, Hodge Jones & Allen
The statistical data arguments - The recorded 10-year CRR for the Pinnacle Ultamet Prosthesis in the NJR is 13.98% - which more than double the CRR in the NJR for all external comparators, including the latest and best MoP hips .This was described as the 'high water mark of the claimant's case'...
The Problem of Never Saying Never: Case Comment on Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307 - Lucile Taylor
Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307 was the appeal of a surgical consent case. The Appellant had failed at first instance to establish that she would have either deferred or abandoned an operation had she been warned of a given risk as she contended she ought to have been...
When is a supplier not a supplier? The Court of Appeal decision in X v Kuoni (2018) - Jack Harding, 1 Chancery lane
In X v Kuoni Travel Limited (2018) EWCA Civ 938 the Court of Appeal concluded that, for the purposes of Regulation 15 of the Package (Travel etc) Regulations 1992, the employees of foreign suppliers (conventionally, hoteliers) are not themselves 'suppliers' for whom...
Nothing to fear: Kimathi & Ors v The Foreign and Commonwealth Office [2018] EWHC 1305 (QB) - Peter Wake, Weightmans LLP
In a useful decision on what does or does not constitute 'personal injury', the High Court has confirmed that fear alone is not a recognised personal injury and therefore it could not ground a claim in which the court had any discretion to extend the three-year limitation period, as prescribed by the Limitation Act 1980...
Editorial: Applications for Service of Claim Form - Aidan Ellis, Temple Garden Chambers
CPR 7.5(1) requires a claimant to serve his / her claim on the defendant within four calendar months of the date of issue of the claim form. Where claims are approaching limitation, this effectively gives the claimant a bonus of four months in which to investigate and perfect the claim...
No Advocacy, then no Advocate's Fee in fixed Recoverable Costs Cases - Elaine Pitt, Keoghs
24/07/18. Jean Crawshaw v Alfred Dunhill Limited. County Court Sheffield, 16 November 2017 before District Judge Bellamy...
How Litigants in Person find Medical Experts 2018 - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP calls for more appropriate information for Litigants in Person to improve access to justice...
Barrister-Direct's RESOLVE service provides potential income boost to firms planning to close or abandon winnable files
Barrister-led law firm Barrister-Direct has launched a new service to provide law firms, credit hire agencies, medical agencies and ATE agencies with a complimentary second look service on files they are planning to close or abandon...
Summary of Recent Cases, July 2018
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, July 2018
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Molodi v Cambridge [2018] EWHC 1288 (QB) and Richards & Anor v Morris [2018] EWHC 1289 (QB) - Case Comment...
Clinical Negligence Medicine by Dr Mark Burgin
Assessing Risk in Family Law 2018 - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP considers how the biopsychosocial model can assist the family court when assessing risk by providing a clear structure...