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FREE BOOK SAMPLE: The Nature of Consent (from 'A Guide to Consent in Clinical Negligence Post-Montgomery' by Lauren Sutherland QC)

FREE BOOK SAMPLE: The Nature of Consent (from 'A Guide to Consent in Clinical Negligence Post-Montgomery' by Lauren Sutherland QC)

23/02/18. This is an excerpt from Chapter One of Lauren Sutherland QC's important new book on consent in clinical negligence.

As far back as 19...

FREE BOOK CHAPTER: What Is a Holiday Sickness Claim? (from 'A Practical Guide to Holiday Sickness Claims, 2nd Edition' by Andrew Mckie & Ian Skeate)

FREE BOOK CHAPTER: What Is a Holiday Sickness Claim? (from 'A Practical Guide to Holiday Sickness Claims, 2nd Edition' by Andrew Mckie & Ian Skeate)

08/12/17. The majority of holiday sickness claims are of course likely to occur outside of the jurisdiction, but are likely to fall under the P...

Psychiatric Damage Arising From Disciplinary Proceedings - Angela Williams, Browne Jacobson LLP

Psychiatric Damage Arising From Disciplinary Proceedings - Angela Williams, Browne Jacobson LLP

08/01/18. The recent High Court case of Marsh v Ministry of Justice (2017) provides that employers must give consideration to the effect on emp...

Vicarious Liability and Non-Delegable Duty: the Tweedle-Dum and Tweedle-Dee of Strict Liability? - Lucile Taylor

Vicarious Liability and Non-Delegable Duty: the Tweedle-Dum and Tweedle-Dee of Strict Liability? - Lucile Taylor

18/12/17. In Armes, the Claimant had suffered physical and sexual abuse at the hands of the foster parents with whom she had been placed at aged ...

FREE BOOK CHAPTER: Introduction to the Jackson Report 2017 and CMC Regulation: A Summary of the Changes

FREE BOOK CHAPTER: Introduction to the Jackson Report 2017 and CMC Regulation: A Summary of the Changes

2018/2019 is going to be a huge year for the Personal Injury world (yet again)! Changes are aloft in all different areas of Regulation. A ban on cold calling for claims companie...

Driverless Cars, Artificial Intelligence… What Next? Online Dispute Resolution for Compensation Claims? - Tim Wallis, Trust Mediation

Driverless Cars, Artificial Intelligence… What Next? Online Dispute Resolution for Compensation Claims? - Tim Wallis, Trust Mediation

29/01/18. Question: Will online dispute resolution (ODR) make any headway with high volume - lower value compensation claims? The sceptic would say no, on the basis that many inv...

Competition Heats Up in Personal Injury as Firms Look to Survive Upcoming Government Reforms - Qamar Anwar, First4Lawyers

Competition Heats Up in Personal Injury as Firms Look to Survive Upcoming Government Reforms - Qamar Anwar, First4Lawyers

31/01/18. It goes without saying that the years of disruption in personal injury (PI) practice looks set to continue unabated – though the appointment of yet another new Lord Cha...

Contribution and Apportionment: Unruly Horses? - Charles Feeny & Sam Irving, Complete Counsel

Contribution and Apportionment: Unruly Horses? - Charles Feeny & Sam Irving, Complete Counsel

25/01/18. "Public policy is a very unruly horse, and when once you get astride, you never know where it will carry you." These oft repeated words were those of Borough J in Richar...

A Doctor's Duty to Advise: Raul Guiu Gallardo v Imperial College Healthcare NHS Trust - Paul Sankey, Enable Law

A Doctor's Duty to Advise: Raul Guiu Gallardo v Imperial College Healthcare NHS Trust - Paul Sankey, Enable Law

23/01/18. Raul Guiu Gallardo v Imperial College Healthcare NHS Trust – The Supreme Court in Montgomery v Lanarkshire Health Board redefined a doctor's duty in advising ...

Summary of Recent Cases, January 2018

Summary of Recent Cases, January 2018

15/01/18. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just sel...

How To Prepare Effectively For Mediation - Justin Patten, Human Law

How To Prepare Effectively For Mediation - Justin Patten, Human Law

21/12/17. The recent failure to announce the EU/UK agreement which never was on Monday 4th December illustrates some of the difficulties of Brexit negotiation and negotiations in...

Editorial: Review of the Year - Aidan Ellis, Temple Garden Chambers

Editorial: Review of the Year - Aidan Ellis, Temple Garden Chambers

20/12/17. As thoughts turn to Christmas and the New Year, it seems traditional to wrap up 2017 with some comment on the practical trends in personal injury litigation this year.

F...

Bikelawyer Wins High Court Case Extending the Liability of Motor Insurers to Innocent Accident Victims - Andrew Campbell, Bikelawyer Motor Accident Solicitors

Bikelawyer Wins High Court Case Extending the Liability of Motor Insurers to Innocent Accident Victims - Andrew Campbell, Bikelawyer Motor Accident Solicitors

15/12/17. Christopher Wastell –v- Gordon Woodward (Deceased) (1) & Chaucer Syndicates Ltd (2)[2017]. What were the facts? In July 2012, Mr Woodward owned a hamburge...

Summary of Recent Cases, December 2017

Summary of Recent Cases, December 2017

15/12/17. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just sel...

Experts: Costs and Delay - David Locke, Hill Dickinson

Experts: Costs and Delay - David Locke, Hill Dickinson

12/12/17. The role of independent medical experts is pivotal in the resolution of personal injury and clinical negligence litigation, but the associated impact on cost and shelf-...

Stress at Work: Court or Employment Tribunal? - Anna Macey, Kings Chambers

Stress at Work: Court or Employment Tribunal? - Anna Macey, Kings Chambers

07/12/17. When advising clients on PI claims arising within the workplace, few barristers or solicitors consider whether a claim for compensation for an injury and the losses con...

Is the Tide Turning? Sanction for Counsel Refused Again - Kate Donachie, Brodies

Is the Tide Turning? Sanction for Counsel Refused Again - Kate Donachie, Brodies

30/11/17. The Sheriff Personal Injury Court has recently issued two decisions refusing sanction; Sheriff Mackie’s in McKenzie v McCormack and now an unpublished decision issued by S...

FREE BOOK CHAPTER: The Basics of Advocacy (from 'Arguments and Tactics for Personal Injury and Clinical Negligence Claims' by Dorian Williams)

FREE BOOK CHAPTER: The Basics of Advocacy (from 'Arguments and Tactics for Personal Injury and Clinical Negligence Claims' by Dorian Williams)

24/11/17.  This is the complete Chapter One from our new book, ‘Arguments and Tactics for Personal Injury and Clinical Negligence Claims’ by Dorian Williams – The objective ...

Vicarious Liability Once Removed? by Way of TUPE - Lucile Taylor

Vicarious Liability Once Removed? by Way of TUPE - Lucile Taylor

23/11/17. Case Comment on Baker v British Gas Services (Commercial) Ltd and J&L Electrics (Lye) Ltd [2017] EWHC 2302 (QB).

The question addressed in Baker was whether liability fo...

Taking Responsibility: Foster Care, Child Abuse and Vicarious Liability - Liam Ryan, 7 Bedford Row

Taking Responsibility: Foster Care, Child Abuse and Vicarious Liability - Liam Ryan, 7 Bedford Row

20/11/17. When dealing with cases of child abuse, strong emotions are stirred in almost all people with clear feeling of right and wrong being arrived at. However, when seeking t...

Summary of Recent Cases, November 2017

Summary of Recent Cases, November 2017

15/11/17. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just sel...

The Relevance of Local Living Standards in the Assessment of Damages - Jack Harding, 1 Chancery Lane

The Relevance of Local Living Standards in the Assessment of Damages - Jack Harding, 1 Chancery Lane

02/11/17. What is the correct approach to the assessment of general damages in a case in which the Claimant resides abroad? Should the increased (or possibly lower) cost of livin...

Are Pi Firms Blazing a Marketing Trail? - Qamar Anwar, First4Lawyers

Are Pi Firms Blazing a Marketing Trail? - Qamar Anwar, First4Lawyers

31/10/17. The world around us continues to change at a rapid pace and artificial intelligence, voice search, programmatic marketing and mobile marketing are already being embrace...

Mind the Gap: Perversity as a Point of Appeal, an Insurmountable Chasm? - Liam Ryan, 7 Bedford Row

Mind the Gap: Perversity as a Point of Appeal, an Insurmountable Chasm? - Liam Ryan, 7 Bedford Row

30/01/18. Any appeal against a County Court decision on the grounds of perversity is always going to be complex and difficult. From an Appellants point of view there will no dou...

Fixed Recoverable Costs: No Advocacy, No Fee! - Chris Boxall, Park Square Barristers

Fixed Recoverable Costs: No Advocacy, No Fee! - Chris Boxall, Park Square Barristers

28/01/18. Christopher Boxall discusses the first instance decision in Crawshaw v Alfred Dunhill Limited (County Court Sheffield, 16.11.2017 before District Judge Bellamy).

Facts

Th...

Withdrawing Admissions: Wood v Days Healthcare UK Limited [2017] EWCA Civ 2097 - Shaun Ferris, Crown Office Chambers

Withdrawing Admissions: Wood v Days Healthcare UK Limited [2017] EWCA Civ 2097 - Shaun Ferris, Crown Office Chambers

26/01/18. The Court of Appeal has considered the position where a defendant (D1), presented with a claim that is said to be of low value, admits liability but is later confronted...

Counterintuitive or Commonsensical? Case Comment on Meadows v Khan [2017] EWHC 2990 (QB) - Lucile Taylor

Counterintuitive or Commonsensical? Case Comment on Meadows v Khan [2017] EWHC 2990 (QB) - Lucile Taylor

24/01/18. The question posed by Meadows v Khan [2017] EWHC 2990 (QB) was whether a mother who consults a doctor with a view to avoiding the birth of a child with a particular disab...

PI Practitioner, January 2018

PI Practitioner, January 2018

16/01/18. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

PI Practitioner, December 2017

PI Practitioner, December 2017

16/12/17. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

Community Neurorehabilitation for Traumatic Brain Injury - Daniel Friedland, Consultant Clinical Neuropsychologist

Community Neurorehabilitation for Traumatic Brain Injury - Daniel Friedland, Consultant Clinical Neuropsychologist

13/12/17. The total incidence of traumatic brain injury (TBI) in the general population in the UK is estimated at 229 per 100,000. 1 Moderate to severe traumatic brain injury acc...

Gordon Exall, Zenith Chambers & Hardwicke

Gordon Exall, Zenith Chambers & Hardwicke

04/12/17.   In  Smith v Lancashire Teaching Hospitals NHS Foundation Trust & Ors [2017] EWCA Civ 1916 the Court of Appeal declared that the exclusion of cohabitees was...

Editorial: Abolition of Personal Injuries Law – Aidan Ellis, Temple Garden Chambers

Editorial: Abolition of Personal Injuries Law – Aidan Ellis, Temple Garden Chambers

30/11/17. Earlier this month, Lord Sumption delivered a provocative lecture to the Personal Injuries Bar Association entitled “Abolishing Personal Injuries Law: A Project”. Takin...

Getting Started With the Ogden Tables - Simon Levene, 12 King’s Bench Walk

Getting Started With the Ogden Tables - Simon Levene, 12 King’s Bench Walk

21/11/17. The MOJ’s announcement on 27th February 2017 that the discount rate for calculating future losses was to be reduced from 2.50% to –0.75% caused more excitement tha...

PI Practitioner, November 2017

PI Practitioner, November 2017

16/11/17. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

A Quick Change of Gear? - Joanne Clancy, Thorntons Law LLP

A Quick Change of Gear? - Joanne Clancy, Thorntons Law LLP

14/11/17. The Department of Transport have announced their plans to review the law regarding dangerous cyclists. Their announcement comes in the wake of the recent trial of Charl...

FREE BOOK CHAPTER: Qualified One-Way Costs Shifting (QOCS) (from 'A Practical Guide to QOCS and Fundamental Dishonesty' by James Bentley)

FREE BOOK CHAPTER: Qualified One-Way Costs Shifting (QOCS) (from 'A Practical Guide to QOCS and Fundamental Dishonesty' by James Bentley)

13/10/17. Before exploring the qualifications to one-way costs shifting, it will be useful to first look at when the QOCS regime does and does not apply.

The substantive scope of ...

Patient Consent and the Law: 3 Reasons Why It Matters - Paul Sankey, Enable Law

Patient Consent and the Law: 3 Reasons Why It Matters - Paul Sankey, Enable Law

10/11/17. Montgomery and a Doctor's Duty in Advising – The Supreme Court's decision in Montgomery v Lanarkshire Health Board changed the law in relation to patient consent. ...

Fundamental Dishonesty Goes Beyond Claims in the Fast Track- Sunil Nannar, DWF LLP

Fundamental Dishonesty Goes Beyond Claims in the Fast Track- Sunil Nannar, DWF LLP

06/11/17. Although there are many reports of a finding of fundamental dishonesty in whiplash cases, they are only now starting to emerge in larger claims. Sunil Nannar looks at t...

Truth, Lies, Exaggeration and the Judicial Crucible: A Reminder of Judicial Independence in Assessing Expert Evidence - Liam Ryan, 7 Bedford Row

Truth, Lies, Exaggeration and the Judicial Crucible: A Reminder of Judicial Independence in Assessing Expert Evidence - Liam Ryan, 7 Bedford Row

01/11/17. Published on the 12th October 2017, the case of Fletcher v Keatley   [2017] EWCA Civ 1540 reaffirms in my opinion three broad points and areas of concern for pra...

Court of Session Offers Useful Guidance in the Assessment of Damages for Fatal Claims - Lauren Baillie, Brodies

Court of Session Offers Useful Guidance in the Assessment of Damages for Fatal Claims - Lauren Baillie, Brodies

30/10/17. In Manson v Henry Robb Ltd [2017] CSOH 126, a recent judgement from the Court of Session, Lord Clarke rejected the use of a tariff system to determine damages in fatal ...

Expert Evidence and Experts' Duties in Clinical Negligence Cases - Kirsten Wall, Leigh Day

Expert Evidence and Experts' Duties in Clinical Negligence Cases - Kirsten Wall, Leigh Day

19/10/17. As increasing numbers of clinical negligence cases are reaching trial, so are the number of medical experts being called on to give evidence. More and more judgments ar...

PI Practitioner, October 2017

PI Practitioner, October 2017

16/10/17. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

Approval of Success Fee Deduction From Damages for a Protected Party - Richard Lowery, Express Solicitors

Approval of Success Fee Deduction From Damages for a Protected Party - Richard Lowery, Express Solicitors

11/10/17. The Claimant was injured when the Defendant turned right from a main road into the side street which the Claimant was crossing and collided with the Claimant. The Clai...