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March 2018 Contents

Welcome to the March 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
Claims Management Companies, Consent to Marketing & FCA Regulation - Paul Bennett, Aaron & Partners LLP
In early 2019, the Financial Conduct Authority will take over from the Claims Management Regulator in terms of the supervision of Claims Management Companies (CMC's) authorised under the Compensation Act 2006 in relation to the common areas of personal injury, financial products and services, employment, criminal injuries compensation, industrial injuries and housing disrepair claims...
FREE BOOK CHAPTER: The Importance Of Branding in Law (From 'A Practical Guide to Marketing for Lawyers: 2nd Edition' by Catherine Bailey & Jennet Ingram)
Used to give products and services a unique identity or personality, a brand enables organisations to differentiate themselves from the competition. An additional benefit is that the consumers may become brand loyal and thus repeat purchasers...
Discounting Your Chickens: Resiling From a Settlement Due to a Change in Discount Rate - Lauren Seager, Queen Square Chambers
A year on from the change in discount rate and it is still a topical discussion. It had immediate implications for many claims but it became clear in October 2017 that the reverberations were still being felt. With the likelihood of a further change and the promise of more regular reviews, practitioners need to be mindful of the impact that it can have on claims. This is particularly apparent in cases where court approval of a settlement is required under CPR 21...
Be Warned: Your Advice May Require a Warning! - Martyn Griffiths, Hardwicke
When should a solicitor provide a warning to their client that the advice they are giving may not be correct? That question was addressed by the Court of Appeal in the case of Barker v Baxendale Walker...
Asbestos and Minimal Risk: Is There a Threshold? - Patrick West, St John's Chambers
Veronica Bussey (Widow & Executrix of the Estate of David Edwin Anthony Bussey) v 00654701 Ltd (Formerly Anglia Heating Ltd) [2018] EWCA Civ 243 CA (Civ Div) (Jackson LJ, Underhill LJ, Moylan LJ) 22/02/2018...
Four Seasons v Brownlie: Jurisdiction - Ian Peters, Anthony Gold
The Supreme Court handed down its Judgment on the case Four Season Holding Incorporated v Brownlie on 19 December 2017. This long running case concerns a tragic road traffic accident on 3 January 2010 in Egypt...
What Are The Top Tips For Successful Negotiation? - Justin Patten, Human Law
Described by one training organisation as the 'skill that transcends all others', negotiation, once mastered can help you achieve improved results in many different business and social situations...
When Can a Claimant Recover the Costs of Attending an Inquest? - Malcolm Henke, Horwich Farrelly
It is understandable that solicitors involved in making civil claims want to be paid for the work they undertake. However, there are two hurdles to be negotiated on the way to securing payment. First, the work for which the claimant seeks to recover the cost must have been (a) of use and service in the claim; (b) relevant to the matters in issue in the claim; and (c) attributable to the defendants' conduct. These tests arise from...
Court Rulings Provide Further Guidance on Proportionality and Fundamental Dishonesty - Ieuan Jones, Ashfords
There have been two recent costs decisions in two areas of litigation that have been subject to much controversy since the recent rule changes...
Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80: Jurisdiction in Personal Injury Claims Which Occur in Countries Outside of the EU - Paul McClorry, Hudgell Solicitors
The Judgment in the recent decision (19th December 2017) of the Supreme Court in Four Seasons Holdings Incorporated v Brownlie ([2017] UKSC 80), is a must-read for all lawyers dealing with claims (particularly tortious claims) with a cross-border element. It is a fascinating decision with fundamentally important comments concerning jurisdictional issues which affect personal injury incidents that occur in countries outside of the EU...
Retainers and Busy Practitioners: The Case of Alina Budana v The Leeds Teaching Hospitals NHS Trust and The Law Society (as Intervener) - Amanda Stevens, Hudgell Solicitors
There is finally light at the end of the tunnel for the many firms who have attempted to transfer books of work out of their practice, to another, whilst seeking to retain rights to recover the costs of their own work pre-transfer under a CFA agreement...
The Appeal Case of The Department for Communities and Local Government v Blackmore - David Roderick, Farrar's Building
The appeal case of The Department for Communities and Local Government v Blackmore [2017] EWCA Civ 1136 ("Blackmore") is an important restatement of the principles governing the exercise of the reduction of damages for contributory negligence under s.1 (1) of the Law Reform (Contributory Negligence) Act 1945, and a defeat for a novel argument on behalf of defendants in asbestos related lung cancer cases...
Res Ipsa Loquitur In Clinical Negligence - Aneurin Maloney, Hardwicke
The maxim res ipsa loquitur or 'the thing speaks for itself', is a long-standing rule of evidence more commonly utilised in other areas of personal injury law. In a PI setting it has been applied in a wide range of cases from objects falling from buildings, to malfunctioning machines, and unexpected items in food...
Section 7 of the Health and Safety at Work etc Act: A Practitioner's Overview - Laura Howarde, Weightmans LLP
With the focus mainly on sections 2 and 3 of the Health and Safety at Work etc. Act 1974, that concern an employer's duties to their employees and those not in their employment, section 7 of the 1974 Act is often forgotten. This particular section outlines the general duties of an employee and suggests that an individual can be held accountable for their own actions whilst at work...
Vocational Rehabilitation - Andrew Frank
'For most people, their work is a key determinant of self-worth, family, esteem, identity and standing within the community, besides, of course, material progress and a means of social participation and fulfilment'...
Summary of Recent Cases, March 2018
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, March 2018
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: All Change for RTA Claims...
An Update from North of the Border, Edited by Kate Donachie, Brodies LLP
Case Law Update: Choice of Law and Forum Shopping in Asbestos Litigation - Andrew Forsyth, Brodies LLP
An Opinion issued by Lord Tyre in the Court of Session this week provides that the applicable law for an asbestos related claim is the law of the country where the "injury occurred", as opposed to the country of exposure to asbestos dust. Due to the higher damages awards in fatal cases, and because plaques are compensatable in Scotland, the Opinion in Docherty v Secretary of State, the most recent chapter in a long-running case, will have significance for those involved in the defence of disease claims, particularly asbestos litigation...
Clinical Negligence Medicine by Dr Mark Burgin
Short Notes on Evidence Gathering 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 where evidence gathering is an issue...