Law Brief Weekly News, 10th August 2018

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10th August 2018
Welcome to the latest weekly news summary from Law Brief Publishing. You have received this newsletter at newsletter@newslettercollector.com, because you are signed-up to our newsletters via lawbriefpublishjing.com, www.lawbriefupdate.com or www.pibriefupdate.com. Scroll to the end for contact, unsubscribe info etc.
This week we have another excellent free article from the PI Brief Update Law Journal, as well as the usual selection of personal injury and general law news, blogs, and humour.
Personal Injury News & Free Articles
FREE CHAPTER from 'A Practical Guide to Financial Services Claims' by Chris Hegarty...
FREE article from Law Brief Publishing
Judge orders indemnity costs against NHS trust for outrageous 'bimbling'...
Litigation Futures
PI firm's collapse highlights LASPO survival struggle...
PI Brief Update News
Respite but not relief for personal injury practitioners...
New Law Journal
SRA updates warning to firms about holiday sickness claims...
SRA
Women more likely to survive heart attack if treated by female doctor...
The Guardian
General Law News & Blogs
High Court says Gauke breached principle of judicial independence...
Law Society Gazette
Appeal judges reject criminals' 'cynical' attempt to blame barrister...
Legal Futures
Audit firms a 'threat' as they aggressively expand into legal sector...
City AM
Law firms cannot be banks...
New Law Journal
EU regulation updated to counteract US Iran sanctions...
Out Law
The solicitor who launched a law firm while waiting for a new heart...
Legal Cheek
PIBULJ.COM Articles
A selection of recent and popular articles from PIBULJ.COM. Note that an account is required to read the full articles. If you haven't subscribed yet, why not try it out for one month for just £1? Click here for more info.
FREE BOOK CHAPTER: Noise Induced Hearing Loss Claims – from ‘A Practical Guide to Disease and Illness Claims’ by Andrew Mckie
The Small Claims Track change for personal injury cases is likely to come into effect in October 2018. This book looks at other areas personal injury practitioners have begun to focus in, including industrial disease claims. This book covers issues in relation to industrial disease, and in particular focuses on the day-to-day issues in practice that one encounters with such cases including spotting the ‘winners’ and ‘losers’ quickly and efficiently, practical tips for investigation, litigation tactics, as well as a summary of the law, the important cases, and how to run these claims efficiently...
 
EXCLUSIVE: Clinical Negligence experts may have deficient knowledge of their area of expertise in new figures from the GMC and HEE. 2018 – Dr Mark Burgin
Dr Mark Burgin discusses the implications for courts of the results of freedom of information requests on three groups of doctors sitting a knowledge test...
 
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...
 
The Problem of Never Saying Never: Case Comment on Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307 - Lucile Taylor
Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307 was the appeal of a surgical consent case. The Appellant had failed at first instance to establish that she would have either deferred or abandoned an operation had she been warned of a given risk as she contended she ought to have been...
 
Metal on Metal hips and the Consumer Protection Act 1987 (Part Two) - James Bell, Hodge Jones & Allen
The statistical data arguments - The recorded 10-year CRR for the Pinnacle Ultamet Prosthesis in the NJR is 13.98% - which more than double the CRR in the NJR for all external comparators, including the latest and best MoP hips .This was described as the 'high water mark of the claimant’s case'...
 
PIBULJ.TV - masterclasses from the experts
Episode 2: 'Tripping and Slipping Claims Masterclass: An Update Post-Jackson' by Andrew Mckie, Clerksroom
Andrew Mckie from Clerksroom presents a detailed one hour guide on running tripping and slipping claims covering recent developments including the portal and focusing on specific litigation tips and tactics.
Click here to watch a sample for free!
Queen's Counsel
This cartoon is by Alex Williams who draws the Queen's Counsel cartoons for The Times and in numerous books including The Queen's Counsel Lawyer's Omnibus.
BabyBarista - Blame and Claim
Today I had the pleasure of appearing in front of the notorious JudgeLooseCannon. He's a gruff northerner who never shies away from showing his disdain for the petty-fogging ways of the southerners who surround him in his surrogate home on the south east of England. He's also well know for spouting off on any old subject which happens to have taken his fancy that morning whilst reading the newspaper over breakfast. Much of the time, he gets away with it because his comments are so irrelevant to the case in hand as not to affect the judgment one way or the other. However, as I alluded to last week, many's the judgment of JudgeLooseCannon which has been handed around the robing, not least because he takes great pleasure in sending the parties away for an hour at the end of the submissions and typing up a written judgment "for the avoidance of any doubt."
Today I was representing an insurance company defending a claim against someone who had tripped over a hole in the pavement which was about an inch thick and certainly enough to prove liability. Here's just an extract from the judgment...
Click here to continue reading...
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