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December 2020 Contents

Welcome to the December 2020 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
Belsner v CAM Legal Services judgment raises more questions than answers - Ged Courtney, Kain Knight
On Friday 16th October 2020, the Court handed down an eagerly-awaited judgement for personal injury lawyers. It was hoped that the appeal in Belsner v CAM Legal Services Limited [2020] EWHC 2755 (QB) would bring about a degree of certainty to firms of solicitors involved in disputes with their former clients, but in some ways it raises just as many questions as it answers...
FREE CHAPTER from 'A Practical Guide to Asbestos Claims' by Jonathan Owen & Gareth McAloon
Chapter Three - A Brief History of Medical and Industrial Knowledge of Asbestos Risks - Despite the widespread use of asbestos in the 19th Century, medical science was such that an understanding of a potential link between respiratory conditions and exposure to asbestos dust did not really begin to develop until the very end of that century...
FREE CHAPTER from 'A Practical Guide to Claims Arising from Fatal Accidents - 2nd Edition' by James Patience
Chapter Three - The Fatal Accidents Act 1976 - This Act is one of the main considerations for the practitioner when considering a claim for damages for wrongful death. The Fatal Accidents Act 1976 repealed the relevant provisions of the previous Fatal Accident Acts1 and applies to any death occurring after the 1st of September 1976...
Case Summary: M v L - Steven Barke,Spencers Solicitors Limited
The Claimant was driving her employer's vehicle round a bend on 21 November 2016 when the Defendant was driving on the wrong side of the road. The Claimant swerved to avoid the Defendant, but the Defendant drove into the driver's side of the Claimant's car. The airbags were deployed...
How well do law firms understand their clients and the effectiveness of their own marketing? - Qamar Anwar, First4Lawyers
This year more than any in recent memory has highlighted how much businesses need to be aware of their costs and budgets. Businesses can be forgiven for not having predicted an unforeseen global pandemic, but what about what's been right in front of them for some time?...
Summary of Recent Cases, December 2020
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, December 2020
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Guest Supplies Intl Ltd v South Place Hotel Ltd & Anor [2020] EWHC 3307 (QB)...
Clinical Negligence Medicine by Dr Mark Burgin
How Value Based Healthcare Embeds Clinical Negligence - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains how a management theory called Value Based Healthcare (VBH) makes clinical negligence difficult to avoid...
Choosing A Medical Expert for A Clinical Negligence Case - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains a logical approach for solicitors to identifying the key skills that your clinical negligence case will require...
Medico-Legal Articles, Edited by Dr Hugh Koch
Can Data Breach result in Psychological Injury? - Professor Hugh Koch, Dr Joe Grace, Dr Fay Huntley & Michael Davies
Data breaches concerning individuals and organisations are increasingly common, with sensitive data breaches having a number of negative consequences. These have been discussed in depth. They focused especially on the psychological effects a data breach can have, over and above any financial loss to the victim. Common data breach types include database hacking, local authority and council breaches, and card skimming and financial attacks...