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March 2019 Contents

Welcome to the March 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
Infant Pedestrians: Can You Blame the Parents? - Edward Cleary, DWF
Ellis v Kelly & Anor, High Court (QB), 31 July 2018 - The court declined to make a finding of contributory negligence against an 8 year old boy involved in a road traffic accident and dismissed the contribution claim against his mother. The claimant's momentary misjudgement had to be balanced against the reckless conduct of the defendant, and it would be...
ENRC v SFO: Privilege Rebuilt - Helen Simm, Browne Jacobson LLP
On Wednesday 6 September 2018, one of the most awaited court judgments in recent times was handed down by the Court of Appeal. The judgment impacts on any entity conducting internal investigations for the purposes of litigation or seeking legal advice...
Summary of Recent Cases, March 2019
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, March 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 recent Supreme Court decision of Cameron v Liverpool Victoria Insurance Co. Ltd [2019] UKSC 6. It provides useful guidance for road traffic cases where the defendant driver is unidentifiable, a situation which commonly arises in claims concerning hit-and-run collisions...
AI and Robots in Personal Injury Claims? - Tim Wallis, Trust Mediation & FOIL
News that a 'robot mediator' has been used to settle a dispute in the court system, for what is believed to be the first time, was reported in Legal Futures recently. [1] Is this for real? Will lawyers and insurers use robots to settle routine personal injury claims?...
An Update from North of the Border, Edited by Kate Donachie, Brodies LLP
Guilty Plea for Healthcare Provider's Breach of Health and Safety Law - Alison McAteer, Brodies
The tragic case involving a healthcare company charged with breaching health & safety legislation after the death of a young patient in its care, may have been the 'first prosecution of its kind'...
Clinical Negligence Medicine by Dr Mark Burgin
CPR Part 35.14 An Underused Right? - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP discusses how asking a court for directions in a personal injury case as a last resort can lead to a resolution in an unusual case...
How Should Medical Experts be Regulated? - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains the options for regulation of medical experts and the importance of regulations to support the quality in their work...
Have they Written the Perfect CPR Part 35 Questions? - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP considers how three 'perfect' Part 35 Questions have changed the balance in favour of the defendant and can challenge an expert's independence...
Book Reviews
Are Psychology and Law good bedfellows? - Book Review by Dr Hugh Koch
Professor Hugh Koch reviews the latest book attempting to answer this question: Psychology and Law: Research and Practice by Bartol C.R., Bartol A.M. (Sage Publications, London, 2019)...