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May 2018 Contents

Welcome to the May 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, May 2018
Striking Whilst the QOCS is Hot - Andrew Roy, 12 King's Bench Walk
In XY v (1) Ingenious Media Holdings Limited (2) Ingenious Media Limited [2018] EWHC 350 (QB) HHJ Walden-Smith, sitting as a Judge of the High Court, dismissed an appeal by a litigant in person against an order striking out his stress at work claim...
FREE BOOK CHAPTER: Noise Induced Hearing Loss Claims - from 'A Practical Guide to Disease and Illness Claims' by Andrew Mckie
The Small Claims Track change for personal injury cases is likely to come into effect in October 2018. This book looks at other areas personal injury practitioners have begun to focus in, including industrial disease claims. This book covers issues in relation to industrial disease, and in particular focuses on the day-to-day issues in practice that one encounters with such cases including spotting the 'winners' and 'losers' quickly and efficiently, practical tips for investigation, litigation tactics, as well as a summary of the law, the important cases, and how to run these claims efficiently.
Running The Risk: Hannah Pook v Rossall School [2018] EWHC 522 (QB) - Colin Richmond, Zenith Chambers
When I was young, running in the corridor at school was essentially considered a capital offence, particularly if committed whilst carrying scissors. For the modern student-about-school, many things have changed since my day. It would seem ludicrous to a modern twelve-year-old to find that their school owned only one computer...
Caparo Revisited - Paul Jarvis, 6KBW College Hill
In Robinson v Chief Constable of West Yorkshire Police [2015] EWCA Civ 15; [2014] PIQR P14), a case that concerned an action in negligence brought by a woman who was injured in the street during an attempt by police officers to arrest a man suspected of drug dealing, Hallett LJ held that in deciding whether the officers owed the woman a duty of care the three-stage test in Caparo (Caparo Industries plc v Dickman [1990] 2 AC 605, 617 - 618) "applies to all claims in the modern law of negligence" (para.40)...
Editorial: Practical Guidance on Proving Whiplash Injuries - Aidan Ellis, Temple Garden Chambers
Although the problems associated with determining potentially fraudulent or exaggerated whiplash claims are well known, since such cases depend heavily on the facts and the Court's assessment of the credibility of the Claimant(s) they rarely reach the higher Courts...
Springer v University Hospitals of Leicester NHS Trust - Alexander Hutton QC
This case was concerned with the requirements (and the consequences of not complying with such requirements) to notify another party pre-action that a client has "additional liabilities" which are potentially recoverable from that other party or parties, i.e. where there is a conditional fee agreement with a success fee ("CFA"), and/or an after the event insurance ("ATE") premium...
Dryden and Others v Johnson Matthey PLC [2018] UKSC 18 - Andrew Horner, Pupil Barrister, Trinity Chambers
The Supreme Court recently handed down judgment in Dryden and Others v Johnson Matthew plc. The judgment addressed the correct interpretation of "damage" in the context of occupational platinum salt sensitisation (PSS), an asymptomatic condition contracted in response to exposure to platinum salt...
Why it's important to #RepairTheRightBody - Qamar Anwar, First4Lawyers
We recently launched a campaign called #RepairTheRightBodywhich urges the PI community to take action against the Civil Liability Bill. At the centre of the campaign is 'Jane', who suffers painful injuries as a result of an accident caused by a 'boy racer' but is left totally exposed by the government's reforms...
The benefits of giving the paralegals in your firm formal recognition - Amanda Hamilton, NALP
Do you have Paralegals working in your firm? Are they being recognised? It can be tempting not to give Paralegals the recognition they deserve, particularly if it appears to reduce costs...
Summary of Recent Cases, May 2018
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, May 2018
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Low-Velocity Impact Claims - Defendant's Expert Evidence: A Practice Note...
Clinical Negligence Medicine by Dr Mark Burgin
Short Notes on Contributory Negligence 2018 - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving contributory negligence...
Short Notes on Secure Environments 2018 - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving secure environments...
Short Notes on Psychological Injury 2018 - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving psychological injury...