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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.

 

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...
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...