Law Brief Weekly News, 5th October 2018

14 days ago


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5th October 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
Pleadings and fundamental dishonesty: Howlett affirmed as film director’s compensation claim is dismissed - Jeff Turton, Weightmans LLP...
FREE article from PIBULJ.COM
Victory for claimant firms as costs disclosure appeals dismissed...
Law Society Gazette
Woman awarded £20 million from the NHS for brain injury...
PI Brief Update News
£150,000 fine for PI claims firm that made 'abusive' calls...
Legal Futures
Huge pile up of hospital waste accumulates including human limbs...
New Scientist
Second Brit dies after 'Brazilian butt lift' surgery...
BBC News
General Law News & Blogs
High Court says Judge has no power to order solicitor to hand over client file...
Litigation Futures
Law Society voices concern over legal aid crisis...
New Law Journal
Lord chancellor seeks £22m from Blavo & Co director...
Law Society Gazette
What law professors think of Trump's Supreme Court nominee...
Independent
Tesla driver stopped by police for having a 'computer' strapped to the dashboard...
The Drive
New Scottish law bans Shetlands from being placed in a box...
BBC News
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.
Irving v Morgan Sindall PLC [2018] EWHC 1147 (QB) - Sharon Hughes, 43templerow
The recent appeal judgment in Irving v Morgan Sindall PLC [2018] EWHC 1147 (QB) by Mr Justice Turner is greatly appreciated for bringing much needed clarity over two issues credit hire practitioners regularly battle with: (1) Where is the line drawn for impecuniosity to be established; and (2) Must a claimant have a personal liability to pay the hire charges in order for it to be recoverable from the defendant?
 
Can an 8-year old child be contributory negligent? - Ian Peters, Anthony Gold
The short answer is yes, but that was not the finding of Mrs Justice Yip when she handed down her Judgement in the case Master Caine Ellis v Mr Paul Kelly and Mrs Violet Ellis on 31 July 2018...
 
Faking it: Holiday Sickness Claims, An Update on the New Rules - Katherine Ettridge, Blake Morgan
As many of you may have heard in the news, tour operators have warned that British tourists could be banned from all-inclusive package holidays in some countries, or the price of going on all-inclusive holidays could rise, as there has been a huge spike in reports of holiday sickness, mostly from British tourists....
 
Analysis Shows Increased Cash Flow Troubles for PI Firms - Norman Kenvyn, VFS Legal Funding
Running a personal injury law firm has never been so hard. With regulatory changes eating into profit and cash flow stymied by the slow billing process in cases, it is no surprise that many are reportedly teetering on a cliff edge...
 
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...
 
PIBULJ.TV - masterclasses from the experts
Episode 4: 'A Masterclass on Mitchell and Denton' by Andrew Mckie
Andrew Mckie from Clerksroom presents a half-hour guide on relief from sanctions covering the latest developments post Mitchell and Denton. Includes: avoiding difficulties post Mitchell and Denton, relief from sanctions, costs budgets, Mitchell v News Group Newspapers Limited [2013] EWHC 2355 QB, Denton v TH White Limited [2014] EWCA Civ 906, what does Denton mean in practice?
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 - Assertiveness
BusyBody was in chambers the other day. "I've been taking advocacy lessons BabyB. It's great, you've got to try it. He's been teaching me to be more assertive."
Hmm, that's like teaching Hannibal Lecter to cook. But it kind of reassured me that if he can make money out of that then really you can make money out of anything, even blagging being a half decent advocate. BusyBody then asserted herself further: "Yes, it's definitely working BabyB. You've got to stand up to the judge. Tell him what you think. You know, they can smell weakness BabyB so you've got to be in there and answering back before they get a chance to pin you down. Try it in your next case and see how it goes."
So, I went off to court in Reading yesterday and thought I'd put BusyBody's recent advice to me on assertiveness to the test. "Mr BabyBarista. I've had a look at the papers and am struggling to understand your case," said the judge
"Well, Sir, that may indeed be so."
"Yes, Mr BabyBarista, it is so. Would you like to enlighten me as to what you intend to argue...
Click here to continue reading...
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