PIBULJ
December 2019 Contents
 Welcome to the December 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 | |
 FREE CHAPTER from 'A Practical Guide to the Law of Driverless Cars - Second Edition' by Alex Glassbrook, Emma Northey & Scarlett Milligan With the increase in numbers of electric vehicles, automated driving systems are becoming widespread. The next phase of the evolution in road vehicles - towards fully-automated cars - is nearly upon us. Since the publication of the first edition of this book, a cornerstone piece of legislation (the Automated and Electric Vehicles Act 2018) has appeared on the British statute book, though it is yet to be brought into force... |
 FREE CHAPTER from 'A Practical Guide to Military Claims' by Ahmed Al-Nahhas The Employer's Duty of Care - In this Chapter we will explore the legal rights of service personnel, the types of claims they may bring and consider some developments in the law. As we shall see, although their rights are heavily curtailed when compared to civilians, they are still owed a duty of care by the State which is analogous to that owed by employers to employees, and they have the means to enforce that duty in the civil courts... |
 Holiday Illness Fraud: pursuing committal proceedings against dishonest claimants - even if legal proceedings are not submitted by the claimant - Jared Mallinson, Horwich Farrelly Jared Mallinson, Fraud Partner at Horwich Farrelly, looks at why the fight against fraudulent holiday illness claims is still as crucial as ever... |
 Case Summary: S v K - Karen Cawood, Spencers Solicitors Case Name: S v K, Accident Date: 04/11/2014, Settlement Date: 01/05/2019, TOTAL GROSS SETTLEMENT: £40,000.00. Background: The Claimant, age 34 at the time of the accident, suffered injuries to his neck and back which were entirely attributable to the accident. The Claimant underwent physiotherapy and was referred for a lumbar x-ray... |
 When the Ogden Tables just don't work - Malcolm Henke, Horwich Farrelly Particularly during periods when low discount rates produce high multipliers, claimants will always seek to have their claims for future losses calculated on a multiplicand/multiplier basis, using the Ogden Tables. Indeed, in Irani v Duchon (2019) EWCA Civ 1846 the Court of Appeal confirmed that was the method to be preferred when calculating future loss of earnings. However... |
 Summary of Recent Cases, December 2019 Here is a summary of the recent notable court cases over the past month... |
 PI Practitioner, December 2019 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: concerning the appropriate basis for quantifying a claimant's future loss of earnings... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Understanding GPs: Biopsychosocial Progress - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP discusses a novel way of measuring GP effectiveness based upon the Biopsychosocial Model BPSM... |
 Do GPs make Reasonable Adjustments for Disabled People? - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP considers what is a reasonable adjustment in General Practice and the recent vote on home visits at the GPC... |
May 2019 Contents
 Welcome to the May 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 Impact of Costs Management on Detailed Assessment: The Rules in Practice - Joanne Chase, Clarion Solicitors The Jackson reforms sought to control the cost of civil litigation. One mechanism of doing such was through the introduction of costs management. In the 2010 Review of Civil Litigation Cost; Final Report, Jackson stated that 'Costs management is an adjunct to case management, whereby the court, with input from the parties, actively attempts to control the costs of cases before it. Effective costs management has the potential to lead to the saving of costs (and time) in litigation'... |
 Relief from sanctions and the big picture: Roberts v Fresse & Anor. [2018] EWHC 3867 (QB) - Niall Maclean, 12 King's Bench Walk In March 2014 on a road just outside Dover, Christopher Roberts was involved in a serious accident in which his car was impacted head-on by a vehicle driven by Pascal Fresse. Mr Roberts sustained significant injuries. He was at the time of the accident a paraplegic as a result of an accident that had taken place several years earlier. Mr Fresse was at fault for the 2014 collision, but the nature and extent of its consequences for Mr Roberts is a matter of considerable complexity... |
 FREE BOOK CHAPTER from 'A Practical Guide to the SRA Principles, Individual and Law Firm Codes of Conduct 2019 - What Every Law Firm Needs to Know' by Paul Bennett Chapter Two - Legal Ethics: Back To the Future? The language and underlying philosophy of legal regulation has, over recent decades, moved from an ethical starting point, from say 1920 onwards, using the language of compliance and the compliance agenda of other regulatory frameworks... |
 Sister A Griffin v L Naylor - Helen Reynolds, Spencers Solicitors Quantum: (RTA, driver) right side rib fractures, bilateral haemothoraces, fracture right ilium of pelvis, vascular dissection left vertebral artery in the neck, right transverse process fractures of C6 L1-L3 of the spine, upper thoracic and cervical haematoma, right shoulder injury, seatbelt bruising. Settlement: £33,000... |
 Herbert v HH Law [2019] EWCA Civ 527] - Qamar Anwar, First4Lawyers A recent Court of Appeal decision has left PI lawyers in no doubt about what they need to do before setting successes fees, but leaves a bad taste in the mouth, writes Qamar Anwar, managing director of First4Lawyers... |
 The case for Regulation and Regulated Qualifications for Paralegals - Amanda Hamilton & Jane Robson, NALP One of the most difficult issues to reconcile in the legal services sector is the extensive statutory regulation for solicitors, barristers and chartered legal executives. Each of these professions has a membership body and a regulator as well as an overseeing independent regulatory body... |
 RB v Radford - Helen Reynolds, Spencers Solicitors Road traffic accident: laceration to forehead, whiplash, minor head injury, post-concussion syndrome. Settlement: 7th August 2018... |
Summary of Recent Cases, May 2019 Here is a summary of the recent notable court cases over the past month... |
| PI Practitioner, May 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 Court of Appeal decision in Christopher Goldscheider v Royal Opera House Covent Garden Foundation and (1) Association of British Orchestras (2) Society of London Theatre (3) UK Theatre Association [2019] EWCA Civ 711... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
| Generalist PI expert's Role in Serious injury - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains how a generalist expert can use their expertise to assist the court in PI cases involving serious injury... |
 Generalist PI Expert's Role in Psychological Injury - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains how physical experts can learn simple techniques that GPs experts use to answer the court's questions in PI... |
 How to Assess whether Experts are Complying with CPR35, PD35 and the Guidance - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains how the MERA report analyses an expert's compliance with the legal requirements and simplifies the theory behind the law... |
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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.
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| 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?... |
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| 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'... |
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| 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... |
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| 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)... |
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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.
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| 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... |
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