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December 2021 Contents

Welcome to the December 2021 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
Whether An Intoxicated Passenger Can Rely On Their Own Intoxication To Avoid Or Reduce A Finding of Contributory Negligence - Nicholas Dobbs, Temple Garden Chambers
In Campbell v Advantage Insurance Company Ltd [2021] EWCA Civ 1698, the Court of Appeal considered whether a claimant could rely on his own intoxication, and consequential lack of insight, either to avoid a finding of contributory negligence, or to reduce the apportionment of responsibility for his contributory negligence. It was argued on behalf of the appellant, amongst other points, that...
Calderbank Offers, CPR 44.2 & Deferring Rulings On Costs - Nicholas Dobbs, Temple Garden Chambers
In McKeown v Langer [2021] EWCA Civ 1792, the Court of Appeal considered the following issues (at [1]): 'where there are split issues (such as liability preceding quantum), where no offer to settle the litigation under CPR Part 36 has been made, and where one party makes a without prejudice save as to costs offer covering the entirety of the litigation ('a Calderbank offer') how might the discretion as to costs under CPR 44.2 be exercised?...
Toombes v Mitchell [2021] EWHC 3234 (QB) - Rochelle Powell, Temple Garden Chambers
This landmark ruling has been a source of great concern for medical practitioners because it means they can now be found liable for negligent pre-conception advice resulting in the birth of a child with a health condition...
Resiling from an admission: A recap in Shah v London Borough of Barnet [2021] EWHC 2631 (QB) - Rochelle Powell, Temple Garden Chambers
In refusing the Defendant's application for permission to resile from an admission, Master Stevens sets out a helpful and detailed overview of the relevant Civil Procedure Rules ('CPR') and case authorities...
The varied dangers of being a vulnerable road user - Scottish legal insights on road traffic accident claims
Motorcyclists are generally more at risk on the roads than a person travelling a car, van or lorry. They are more exposed on the open road...
Clinical Negligence Medicine by Dr Mark Burgin
Misunderstanding Ovarian Cancer - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP discusses how a growing understanding is starting to challenge the political and medical decisions around this often fatal disease...
The Expert Witness on Trial - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP imagines providing expert opinions to a court for a case where the Expert Witness community is defending its reputation...