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November 2018 Contents

Welcome to the November 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
FREE BOOK CHAPTER from 'A Practical Guide to Relief from Sanctions Post-Mitchell and Denton' by Peter Causton
Chapter Two - Background History: From Woolf to Jackson To Dyson. Prior to the implementation of the Jackson reforms, it was considered that the courts had become too tolerant of parties' non-compliance with orders, rules and practice directions and the delays this non-compliance caused...
Editorial: Pre-Action Disclosure of Financial Documents in Credit Hire Cases - Aidan Ellis, Temple Garden Chambers
As long ago as 2004, in the course of carving out the impecuniosity exception in Lagden v O'Connor, Lord Nicholls expressed the hope that the parties 'should be able to agree on standard enquiries, or some other means, which in practice can most readily give effect to the test of impecuniosity'. In practice, whilst most Courts now...
Fundamental dishonesty in occupational disease claims (part 2) - Paul Debney, Weightmans LLP
In last month's edition, Paul Debney examined the early reported decisions of findings of fundamental dishonesty in disease claims, with specific reference to a claimant who was found to have lied about the provision and wearing of hearing protection and another who was found to have falsely stated that he had made no previous claim for the same disease...
FREE CHAPTER: The History And The Science (from 'A Practical Guide to Claims Arising from Delays in Diagnosing Cancer' by Bella Webb)
Chapter Two - The History and the Science. This chapter will look at the trend towards an increase in delayed cancer diagnosis claims and the rationale and statistics that underlie it. It will then go on to look at what we actually mean by cancer in medical terms...
FREE BOOK CHAPTER from 'A Practical Guide to Vicarious Liability' by Mariel Irvine
Chapter One - Overview. There have been at least five decisions of the Supreme Court relevant to vicarious liability since 2012. A topic of importance in a minority of cases, and sometimes described as 'geeky', has been forced into the spotlight...
Vicariously liability for an assault out of work time and off work premises - Simon Anderson, Park Square Barristers
Can an employer be held vicariously liable for an assault by a director that takes place on an employee out of work time and off the premises? Yes, according to the Court of Appeal in Bellman v Northampton Recruitment Limited [2018] EWCA Civ 2214...
Case Summary: M v Morton - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors
The Claimant, M, was driving her vehicle along the road when the Defendant's vehicle pulled out of a lay-by and collided with the passenger side of the Claimant's vehicle, pushing her into the middle of the road...
Motor Insurance / MIB Update - Julie-Anne Luck, 9 St John Street Chambers
The potential impact of recent UK and European decisions upon the cost of motor insurance and claims following road traffic accidents cannot be underestimated. The industry is awaiting appeals on two important decisions, which have caused ripples for insurers and the MIB alike...
Case Summary: CS v Alan Smith, Northampton CCMCC - Emma Melia & Sarah Wright, Spencers Solicitors
The Claimant (age 32 at the time of the accident) was riding a Suzuki GS500 motorbike. He went round a roundabout when he noticed two other cars in front of him. They were indicating to turn right which prevented the Claimant from overtaking them...
Balancing the benefits: yoga's healing power has a valuable place in brain injury rehabilitation - Emma Dryden, George Ide LLP
The effects of traumatic or non-traumatic brain injury depend upon a number of factors but, in general, symptoms can range from physical and cognitive to emotional and behavioural...
Summary of Recent Cases, November 2018
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, November 2018
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Surrey County Council v Hilliard (2018)...
Clinical Negligence Medicine by Dr Mark Burgin
Helping Doctors Who are Suicidal 2018 - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP considers a different approach to suicide based upon the biopsychosocial model and response to potentially modifiable risk factors...
How Will the New Advice for Paediatric Experts Affect the Availability of Experts for Defence Work in Family Courts? - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP DCH raises concerns that the new guidance for paediatric expert witnesses tightens the availability of experts prepared to consider the emotional evidence that might support parents...
Book Reviews
Book Review - 'Clinical Practice and the Law: A Legal Prima for Clinicians' by Giles Eyre
Published by Professional Solutions Publications London (2018). Reviewed by Professor Hugh Koch.