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December 2017 Contents

 

Welcome to the December 2017 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, December 2017
Editorial: Review of the Year - Aidan Ellis, Temple Garden Chambers
As thoughts turn to Christmas and the New Year, it seems traditional to wrap up 2017 with some comment on the practical trends in personal injury litigation this year. For junior lawyers in the London area, undoubtedly one trend is the continued rise of the floating list at Clerkenwell and Shoreditch County Court...
FREE BOOK CHAPTER: What Is a Holiday Sickness Claim? (from 'A Practical Guide to Holiday Sickness Claims, 2nd Edition' by Andrew Mckie & Ian Skeate)
The majority of holiday sickness claims are of course likely to occur outside of the jurisdiction, but are likely to fall under the Package Travel Regulations 1992. However, before looking at the law and likely causes of action, it is necessary for one to look at what actually constitutes a holiday illness. For example...
Bikelawyer Wins High Court Case Extending the Liability of Motor Insurers to Innocent Accident Victims - Andrew Campbell, Bikelawyer Motor Accident Solicitors
Christopher Wastell - v- Gordon Woodward (Deceased) (1) & Chaucer Syndicates Ltd (2) [2017]...
Vicarious Liability and Non-Delegable Duty: the Tweedle-Dum and Tweedle-Dee of Strict Liability? - Lucile Taylor
Case Comment on Armes v Nottinghamshire County Council [2017] UKSC 60. In Armes, the Claimant had suffered physical and sexual abuse at the hands of the foster parents with whom she had been placed at aged seven whilst in the care of the local authority ("LA"). The abuse took place in the foster home in the course of day-to-day care and control of the Claimant...
Experts: Costs and Delay - David Locke, Hill Dickinson
The role of independent medical experts is pivotal in the resolution of personal injury and clinical negligence litigation, but the associated impact on cost and shelf-life means a different way of approaching the evidence of expert witnesses is required...
Stress at Work: Court or Employment Tribunal? - Anna Macey, Kings Chambers
When advising clients on PI claims arising within the workplace, few barristers or solicitors consider whether a claim for compensation for an injury and the losses consequent on it would be better made through an employment tribunal ("ET")...
Community Neurorehabilitation for Traumatic Brain Injury - Daniel Friedland, Consultant Clinical Neuropsychologist
The total incidence of traumatic brain injury (TBI) in the general population in the UK is estimated at 229 per 100,000. 1 Moderate to severe traumatic brain injury account for approximately 20% of traumatic brain injury. A moderate to severe traumatic brain injury is generally defined as having one of the following...
How To Prepare Effectively For Mediation - Justin Patten, Human Law
The recent failure to announce the EU/UK agreement which never was on Monday 4th December illustrates some of the difficulties of Brexit negotiation and negotiations in general...
Fatal Accidents: Cohabitee Is (or Should Be) Entitled to Bereavement Payment - Gordon Exall, Zenith Chambers & Hardwicke
The Court of Appeal decided that the failure of the Fatal Accidents Act to include cohabitees within the definition of those entitled to a bereavement payment is incompatible with Section 4 of the Human Rights Act...
Summary of Recent Cases, December 2017
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, December 2017
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area.  This month: Rise in small claims track limit for RTA cases confirmed...
Clinical Negligence Medicine by Dr Mark Burgin
Short Notes on Malignant Melanoma 2017 - 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 malignant melanoma...
Short Notes on Dementia 2017 - 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 dementia...
Short Notes on Death 2017 - 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 the death of the claimant...