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June 2018 Contents

Welcome to the June 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, June 2018
FREE BOOK CHAPTER: Fixed Recoverable Costs, Portal Costs and Potential Routes Out of Fixed Costs and the Portal in Highways and Slipping/Tripping Claims - Andrew Mckie, Clerksroom
A free chapter from the fully updated 2018 edition of 'Occupiers, Highways and Defective Premises Claims: A Practical Guide Post-Jackson' by Andrew Mckie. The first chapter of this book is dedicated to the starting point for most Highways Act 1980 and public liability claims; the Low Value Portal...
Metal on Metal hips and the Consumer Protection Act 1987 (Part One) - James Bell, Hodge Jones & Allen
Metal on Metal hips (MoMs) were introduced by the four leading orthopaedic prosthetic companies to the hip prosthetic market on a wide scale in the early 2000s. Stryker, DePuy, Zimmer and Smith and Nephew all produced very similar MoM models as the industry moved to using all metal products after earlier attempts had tried and failed in the 1980s...
CC (widow and dependant of JC (deceased)) v TD [2018] EWHC 1240 (QB) - Paul Sankey, Enable Law
A recent case raises the issue of how dependency under the Fatal Accidents Act 1976 is calculated when the parties had started but not completed divorce proceedings and there was uncertainty over the outcome of that process. It is also interesting for its unusual facts...
FREE BOOK SAMPLE from 'A Practical Guide to Wrongful Conception, Wrongful Birth and Wrongful Life Claims' by Rebecca Greenstreet
This book provides an overview and analysis of the law in relation to wrongful life, wrongful conception and wrongful birth claims. After reading this book you will: Understand how to establish whether there is a cause of action in your cases in these areas. Have an in-depth understanding of the relevant case law, including...
Fake Holiday Sickness Claims in Court - Miles Hepworth, FOIL & DWF
After several summers of facing gastric illness claims in the courts, this summer is set to be an altogether quieter one for insurance lawyers defending gastric illness claims. ABTA's Stop Sickness Scams campaign together with the robust approach taken by some of the larger tour operators, the focus of the Ministry of Justice alongside the wider industry interest has been remarkably successful in a relatively short space of time in discouraging holidaymakers from making fraudulent claims...
Medical Experts Learning to Live with Medco 2018 - Dr Mark Burgin
Dr Mark Burgin considers the main challenges facing Medco dealing with medical experts and suggests possible solutions from the point of view of a medical expert...
Admitting Primary Liability, Subject to Causation - Andrew Spencer, 1 Chancery Lane
On 23 February 2018, in Worrall v Thomas Cook, DJ Hassall determined the meaning of an admission in a holiday illness case. The Claimant sent a Letter of Claim alleging (among other matters) that the food served to the Claimant under the holiday package was unsafe to consume and not of satisfactory quality. The Defendant replied, making an admission in the following term...
Why Becoming a Paralegal Is the Best Way to Build a Career in Personal Injury Law - Amanda Hamilton, NALP
For law graduates looking to enter the personal injury sector, the only true viable pathway currently is to qualify as a paralegal. Why? There are several reasons. Firstly, taking the conventional route is time consuming and costly: going to university to read law costs £9k per annum...
Elite Sport and Stress at Work - Simon Trigger & Tim Ransley, 1 Chancery Lane
A few years back I pursued a claim on behalf of a lovely lady who was on the receiving end of the most consistent bullying I have seen. Her male dominated employer had allowed the bullying to go on unchecked to such an extent that she was openly taunted about her looks in the office. It was no surprise that after a period of trying to internalise the bullying, she suffered from a pretty significant mental illness...
Summary of Recent Cases, June 2018
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, June 2018
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: The Progress of the Civil Liability Bill...
Clinical Negligence Medicine by Dr Mark Burgin
Multiple Jeopardy in Medicine 2018 - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP discusses how overlapping regulatory systems are creating a perverse incentive on the quality of medical care... preview http://www.pibulj.com/content/law-journal-summaries/news-category-2/4569-multiple-jeopardy-in-medicine-2018-dr-mark-burgin
Short Notes on Chronic Disease Management 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 involving chronic disease management...