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October 2016 Contents
 Welcome to the October 2016 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles and take the CPD quiz. Please remember to fill in our quick feedback form after you have finished. CPD Quiz The PI Brief Update Law Journal (PIBULJ) is accredited by the Solicitors Regulation Authority (ref EGB/LBPL) and the Bar Standards Board (provider ID: 2177). The CPD is also valid for CILEx (formerly ILEX) members and for members of the Chartered Insurance Institute. The quiz can provide 1.5 hours of CPD under the hours system. See our CPD Info page for further details including recent changes to the CPD system. Please check with the relevant organisations for full details of their CPD rules. Take the CPD Quiz Feedback Form CPD Information
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| Personal Injury Articles | |
 Part 36 in Personal Injury Claims - Matthew Rose, Clarion Solicitors I was recently instructed in relation to an RTA claim in which, following submission of the claim notification, form the defendant had written to the claimant stating that it had LVI concerns which, it said, required further investigation. The claimant thereafter wrote to the defendant confirming that due to the concerns raised, the matter was no longer suitable for... |
 What Effect Will Brexit Have on Health and Safety at Work? - Mike Kemp, Thorntons Narrow though the victory may have been, Britain has voted for Brexit. Whether you voted Leave or Remain it is unquestionable that the consequences of Brexit will loom large in the months and years to come. It is still unclear as to whether Britain will have access to the free market and what impact, if any, this will have on the free movement of people. Immigration was a key issue in the campaign but less discussed was the impact Brexit would have on health and safety law in this country, much of which is made and agreed upon at European level. What effect could that have on personal injury claims arising from accidents at work? |
 QOCS and Discontinuance - James Bentley, Guildhall Chambers As it stands, there is no authority on how QOCS fits with discontinuance. However, there have been multiple county court decisions on the issue. Magon v Royal Sun Alliance (Unreported, 26th February 2016, Central London County Court) is the latest of those cases and makes interesting reading for those worried about the effect of discontinuance and QOCS in claims where fundamental dishonesty is not alleged... |
 The Cost of Admissions - Luke Ashby, Kings Bench Chambers When an admission has been made that takes a would be fast track case into the small claims track should a Defendant pay fast track costs up to the date of the admission or up to the date of Judgment? In Cameron v Office Depot (UK) Ltd. (13 July 2016) the County Court found fast track costs should be ordered until Judgment... |
 Assistive Technology Claims - Andrew Williams, Exchange Chambers & Donna Cowan, Colin Clayton Assistive Technology Ltd It's hardly surprising that a severely injured claimant may require specialist IT equipment for leisure, education, communication or to counter specific disabilities. But Assistive Technology ("AT") is a head of claim that can strike uncertainty into even the most bullish of lawyers... |
 Collateral Lies & Fundamental Dishonesty - Aidan O'Brien, Farrar's Building Personal Injury practitioners would be well advised to heed the recent Supreme Court decision in Versloot Dredging BV & anor v HDI Gerling Industrie Versicherung AG & ors [2016] UKSC 45, relating to 'collateral lies' and 'the fraudulent claim rule'... |
 'Litigation Is Not a War or Even a Game': Recent Decision Is a Timely Reminder for Parties to Put Their 'Cards on the Table' - Andrew Cullen, Barrister The first instance decision in Nicole Chapman v Tameside Hospital NHS Foundation Trust [2016] highlights the importance of compliance with the pre-action protocol. A failure to do so can have substantial cost consequences. |
 No Duty to Warn of the Obvious - Jack Jarding, 1 Chancery Lane The Court of Appeal handed down judgment today in the eagerly anticipated appeal in Edwards v London Borough of Sutton (2016).The claim concerned the duty owed by occupiers for structures present on their land. The Claimant was pushing a bicycle over a small ornamental footbridge which passed over a stream in a park owned and occupied by the London Borough of Sutton. The bridge was humped and had obviously low parapet sides... |
 Editorial: New Edition of Ellis and Kevan on Credit Hire - Aidan Ellis, Temple Garden Chambers This month I have been putting the finishing touches to an updated edition of Ellis and Kevan on Credit Hire. When I completed the previous edition, I remember thinking that credit hire had been around for so long and credit hire cases argued so often, that surely most of the legal issues had been resolved. It turns out, however, that once one issue is resolved another soon rises to take its place... |
 Sorry: Is It the Hardest Word? - Nicola Edgar, Morton Fraser Lawyers The Apologies (Scotland) Act 2016 received Royal Assent earlier this year and will come into force in December. The main driver for the Act is the idea that fear of litigation prevents Scots from apologising. This has a negative impact on our society as the lack of an apology can lead to people raising court actions, at great expense, as they feel they have no other recourse. Therefore, it is hoped that the Act will encourage a social and cultural change in attitude towards giving apologies by providing legal certainty that an apology will not be used against them in later civil proceedings as evidence of liability... |
 What's Leading to the Reduction in Employer's Liability Claims? - James Barker, Kirwans Recent statistics show that the number of Employers' Liability (EL) claims have reduced in recent years, with Verdict Financials UK Personal Injury Litigation 2016 report identifying sharp declines in EL claims recorded in 2015-16... |
 What Does Brexit Mean for Motor Insurance? - Malcolm Johnson, BL Claims Solicitors 24/10/16. Brexit means legal changes - and one area of substantial change will be the rights of injured motorists against the Motor Insurers Bureau. The European Union has issued six Motor Insurance Directives since 1972. The effect of these Directives is to harmonise the minimum standards for motor insurance across Europe. This means that a motorist from the UK can drive across the European Union knowing that his insurance will be legal in all the Member States. Motorists are advised to "up" their insurance when they drive abroad, but the point is that everyone has the same minimum rights... |
 Have You Lost Your Appeal? - Charles Bagot, Hardwick Charles Bagot provides a rough guide to changes to the rules on Appeals. Significant new appeal rules (via a new CPR 52) came into force on 3 October; The proposed changes to the threshold test for appealing have not been included... |
 Late Amendments, Strike Outs, Summary Judgment & Remote Heads of Loss - Thomas Crockett, 1 Chancery Lane The High Court has recently handed down judgment in Gonul Guney v Kingsley Napley & Anor [2016] EWHC 2349 (QB). This was a professional liability claim based on the Claimant's retainer of the Defendant solicitors, in respect of litigation concerning the estate of the Claimant's father. It touches upon a number of issues of interest to those involved in a broad range of civil litigation... |
 Knocked Down in Greece: EU Law, Brexit, and Broken Legs - Ross Beaton, Lamb Chambers Hardly a day goes by without another story about how hard it will be for Britain to extricate itself from the EU. What will happen to banking regulations? What about immigration? Beyond the marquee issues, though, the questions go much further. Whoever thought that compensation schemes for accidents involving uninsured drivers would be affected? That they will be is clear from Moreno v MIB [2016] UKSC 52. As the Court commented... |
 Top 10 Tips to Cutting Expert Costs in Clinical Negligence - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains how generalist experts can reduce the costs of both low value and high value clinical negligence cases... |
 Zane Gbangbola Inquest: Coroner Delivers Findings - Nicola Atkins, 1 Chancery Lane The Senior Coroner for Surrey, Richard Travers, has delivered his Findings and Conclusions in the Inquest touching the death of Zane Gbangbola, who died at his home in Chertsey, Surrey, during the night of 7th February 2014... |
 Summary of Recent Cases, October 2016 Here is a summary of the recent notable court cases over the past month. |
 PI Practitioner, September 2016 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: RTA Protocol Stage 3 Procedure - The Defendant's Evidence |
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| An Update from North of the Border, Edited by John Wilson & Lauren Pasi, Brodies LLP | |
 North of the Border: The New Simple Procedure in Scotland: How Will It Affect Credit Hire Claims? - John Wilson, Brodies LLP On 28th November 2016, Simple Procedure will be introduced to Scotland's Sheriff Courts. This procedure will apply to non-injury claims worth £5,000 or less. In this article, John Wilson looks at how, following Peter Chatterton v AXA Corporate Solutions (2016 WL04772382), Scottish credit hire claims may now be addressed under this new procedure... |
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September 2016 Contents
 Welcome to the September 2016 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles and take the CPD quiz. Please remember to fill in our quick feedback form after you have finished. CPD Quiz The PI Brief Update Law Journal (PIBULJ) is accredited by the Solicitors Regulation Authority (ref EGB/LBPL) and the Bar Standards Board (provider ID: 2177). The CPD is also valid for CILEx (formerly ILEX) members and for members of the Chartered Insurance Institute. The quiz can provide 1.5 hours of CPD under the hours system. See our CPD Info page for further details including recent changes to the CPD system. Please check with the relevant organisations for full details of their CPD rules. Take the CPD Quiz Feedback Form CPD Information
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| Personal Injury Articles | |
 Personal Injury Claims: An Opportunity for Reflection - Neil Sugarman, President, Association of Personal Injury Lawyers During 2015 the government made it clear that it was looking closely at personal injury claims, including those involving clinical negligence. In relation to clinical negligence, the government expressed itself concerned about the legal costs associated with what it classed as low value claims... |
 Carder v The University of Exeter - Aliyah Akram, 12 King's Bench Walk The Court of Appeal decided that a defendant was liable to compensate a claimant for a 2.3% contribution to his asbestosis in Carder v The University of Exeter [2016] EWCA Civ 790... |
 Broadhurst v Tan - Patrick McCarthy, Horwich Farrelly Claimant lawyers across the land rejoiced earlier this year following the Court of Appeal judgment in Broadhurst v Tan (2016) which ruled that assessed costs, rather than fixed costs, apply to cases where a claimant 'beats' a Part 36 offer. However, whilst initially disappointing, as the defendant in the case we've been closely monitoring the impact of the ruling and have observed what appear to be a number of positive benefits for both sides... |
 'Another Twist in the Yellow Brick Road: Questions and Answers on the Assignment of CFAs Following Azim v Tradewise Limited [2016] EWHC B20 (Costs)' - Christopher McClure, John M Hayes Christopher McClure, Regional Manager at the Manchester office of The John M Hayes Partnership, discusses in question and answer format the implications of the decision of Master Leonard in Azim v Tradewise Limited [2016] EWHC B20 (Costs)... |
 Editorial: Sentencing for International Crimes - Aidan Ellis, Temple Garden Chambers I hope I will be forgiven for an excursion outside the four walls of personal injury law in this month's editorial. The occasion is the conviction of Mr Al Mahdi for the war crime of attacking 10 religious and cultural monuments in Timbuktu. The case attracted media coverage, not only as one of the International Criminal Court's small but growing number of convictions, but also as a rare case in which damaging important cultural property was successfully prosecuted... |
 Failure to Comply Leads to Dismissal of £60,000 Hire Claim - Mark Holmes, DWF The Claimant's failure to obtain relief from sanctions after he had failed to comply with an order to give disclosure and serve witness evidence meant that his claim was dismissed. The Claimant had claimed for personal injury and hire charges of over £60,000. The Claimant had initially obtained judgment by default against the First Defendant, although... |
 Driver Who Supported Phantom Passengers Loses His Claim Under Section 57 - Daniel Holbrook, DWF A claimant who was awarded his claim for vehicle damage following a road accident, subsequently had his claim dismissed in accordance with Section 57 of the Criminal Justice and Courts Act 2015. The Court found that he had been fundamentally dishonest in supporting the claims of two claimants who had alleged that they had been passengers in his vehicle... |
 Getting Your Hands on an Undisclosed Expert Report and More - Ian Miller, 1 Chancery Lane When the other side wants to change expert are you entitled to their original expert's reports and other documentation containing the substance of the expert's opinion? This was the question considered in the case Allen Tod Architecture v Capita Property and Infrastructure Ltd ([2016] EWHC 2171). Unsurprisingly the claimant in that case resisted disclosure on the grounds that the documents and reports sought were privileged... |
 PI Claim by Tenant: SC Overules CA and Dowding & Reynolds - Ian Miller, 1 Chancery Lane For years tenants have relied upon Brown v Liverpool Corporation [1969] 3 All ER 1345 when suing landlords for damages for personal injury caused by an accident on external steps or a front path leading to the front door of a house. In that case the Court of Appeal held that the steps were part of the exterior of the dwelling-house... |
 Claimant Loses QOCS Protection Following Discontinuance of NIHL Claim - Sarah Stutchfield, DWF It is not uncommon for noise induced hearing loss claims to be issued without medical evidence and we have on a number of occasions successfully applied to have claims struck out for failing to comply with the CPR. In this recent decision not only was the claim struck out, but as this was a post-LASPO case, the claimant automatically lost his QOCS protection... |
 Fatal Accident Dependency and Cultural Expectations: the Reported Cases - Gordon Exall, Zenith Chambers & Hardwicke A number of recent cases I have been involved in have highlighted the need for care when dealing with claimants who have specific cultural expectations as to dependency. There are relatively few reported cases on this topic. It is worth looking at them... |
 Contempt of Court: A Strong Message to the Opportunistic Fraudster - Caroline Sanders, DWF A personal injury claimant who alleged his wrist injury had been caused by a trip on a raised kerbstone, has been found in contempt of court in respect of his personal injury claim against Surrey County Council and sentenced to a 12 month suspended custodial sentence. The Council, together with DWF, took a firm stance against the claimant when it was revealed that he had admitted to a friend on Facebook that he had been drinking and had in fact merely slipped in icy conditions... |
 Today's News From the MoJ of Their Future Vision Offers Pointers for Insurers Towards the Swifter and Cheaper Handling of Claims - Simon Denyer, DWF We have been waiting for news from the new ministerial team at the Ministry of Justice since their appointment in July on the various issues in their in-tray. News of their future vision emerged today, without any surrounding detail. As we look at it, to what extent can see signs from it of likely decisions on the more important issues on which insurers are awaiting news?... |
 How to Assess Medical Records for Validity of Consent - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains how generalist experts can find evidence of the consent process in medical records... |
| Summary of Recent Cases, September 2016 Here is a summary of the recent notable court cases over the past month. |
PI Practitioner, September 2016 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: RTA Protocol Stage 3 Procedure - The Claimant's Evidence |
| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Legal Mind Case and Commentary No 10: Who Knows Best? the Judge or the Expert? - Dr Hugh Koch & Dr Jacquie Hetherton, Hugh Koch Associates The judge weighs the arguments set before him and ensures that pertinent issues have been addressed. He is aided by barristers, lawyers and experts who should have considered all relevant matters, in a logical way. Despite the adversarial and at times selective approach of the two sides, all matters of relevance should be laid before the judge. This case illustrates what can happen when this has not occurred... |
 Legal Mind Case and Commentary No 8: Change Your Opinion Casually at Your Peril - Dr Hugh Koch & Dr Tracy Thorns Case: Jones v Kaney (2011) UKSC 13. This case included a psychologist (Kaney) acting as an expert witness in a case of a road traffic victim claiming damages for physical and psychological injuries. Kaney diagnosed PTSD, but during a joint statement discussion in November 2005 she conceded ground significantly both in terms... |
August 2016 Contents
 Welcome to the August 2016 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles and take the CPD quiz. Please remember to fill in our quick feedback form after you have finished. CPD Quiz The PI Brief Update Law Journal (PIBULJ) is accredited by the Solicitors Regulation Authority (ref EGB/LBPL) and the Bar Standards Board (provider ID: 2177). The CPD is also valid for CILEx (formerly ILEX) members and for members of the Chartered Insurance Institute. The quiz can provide 1.5 hours of CPD under the hours system. See our CPD Info page for further details including recent changes to the CPD system. Please check with the relevant organisations for full details of their CPD rules. Take the CPD Quiz Feedback Form CPD Information
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| Personal Injury Articles, August 2016 | |
 FREE BOOK CHAPTER: Low Velocity Impacts: An Update 2016 (Chapter One from 'RTA Allegations of Fraud in a Post-Jackson Era: The Handbook, 2nd Edition' by Andrew Mckie & Ian Skeate) A low velocity impact is commonly defined as a road traffic collision where it is alleged by the Defendant's insurer that the impact is unlikely to have caused injury to the Claimant, due to the low speed of the impact, and/or, that there was sufficient occupant displacement within the vehicle, in order to have caused injury to the Claimant... |
 Fighting Fraud - Ian Miller, 1 Chancery Lane Judgment in the case of Da Costa v Sargaco [2016] EWCA Civ 764 was handed down recently and represents the latest round of the struggle between claimants bringing claims for injury or damage arising out of road traffic accidents and defendant insurers alleging that claims are fraudulent. The case deals with the cogency of evidence required to establish an allegation of fraud, with the inferences which can be drawn from evidence and with the exclusion of a claimant from court whilst the other is giving evidence... |
 Editorial: Should Claims Be Struck Out for Errors in Completing the CNF? - Aidan Ellis, Temple Garden Chambers We all know that low value road traffic, employer's liability and public liability claims should be initiated by completing the relevant Claims Notification Form. But what impact should mistakes in completing the Claim Notification Form have on the developing litigation?... |
Key Issues Which Arise in Cycling Claims - Kate Sweeney, Stephensons Solicitors LLP As someone who 12 months ago started cycling a daily 9 km commute to work (and back) in an effort to improve fitness and avoid traffic congestion, I have experienced first hand the thrills and terrors that almost 2 million Britons experience, as we become an ever increasing cycling obsessed nation... |
 The EU Divided, but Not as We Know It - Jack Harding, 1 Chancery Lane The events of past weeks have brought into sharp focus the seemingly different attitudes held by a majority of the UK population compared to other EU member states. The result, whilst at present uncertain, may well be a full uncoupling of the UK legal system from European law. It is interesting to note, therefore, that even though EU law has for many years moved towards a harmonisation of legal principles across the legal systems of its constitutent members, significant differences have remained. This is ably demonstrated by the recent high court decision in Committeri v Club Medieterranee SA (2016) EWHC 1510... |
 Fixed Recoverable Costs-Settling at the Court Door - Jasmine Murphy, Hardwicke The case of Dos Santos Medes v Hochtief (UK) Constructions Ltd dealt with the issue of fixed recoverable costs (FRC) under the Civil Procedures Rules (CPR) in a claim brought under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (RTA Protocol). Jasmine Murphy examines the case and its potential implications... |
 What Price Parenthood? - Chris Thorne, Clarke Willmott LLP Chris Thorne, Partner at Clarke Willmott with a special interest in infertility and IVF issues, explores the shortcomings in the law relating to the inability to have a family as a result of the negligence of others... |
 QOCS: The Strike Out and Fundamental Dishonesty Exceptions in Action - Rebecca Jones, Hardwicke There are still relatively few findings of fundamental dishonesty being made by Courts. Despite the fact that this is obviously an important exception to the QOCS regime, the fundamental dishonesty threshold is proving a difficult hurdle for Defendants to meet. This article explores a recent finding of fundamental dishonesty and the lessons that can be learned by Claimants and Defendants in such cases... |
 The Law Relating to Fatal Accidents: An Introduction - Gordon Exall, Zenith Chambers & Hardwicke When a person is killed a claim can be brought on behalf of his estate or on behalf of their dependants. The person or persons who bring the action are called the 'claimant' or 'claimants' (if more than one person brings the action)... |
Inquests and Fatal Accidents - Rose Gibson, Simpson Millar LLP As most practitioners in this area will know, often as a lawyer, it is hard to advise a client on the potential prospects until the outcome of the criminal proceedings and/or the inquest is known, as key evidence is usually withheld in the interests of justice... |
 Assessing the Cost of ATE Premiums - Thomas Crockett, 1 Chancery Lane If anyone needs a reminded why the costs landscape for personal injury litigators has changed so dramatically they may not need look much further than the judgment of the Designated Civil Judge of the County Court at London, HHJ Walden-Smith, sitting with DJ Letham as assessor in the costs case of Banks v London Borough of Hillingdon, which has been commented upon in the legal press... |
 Dust-Clouds and Dustbins: Should There Be a Regularity Requirement for Dust Exposure When Defining 'Substantial' Under Section 63 (1) Factories Act 1961? - Charles Feeny & Sammy Nanneh, Contributing Editors at Pro-Vide Law In cases where an employee is exposed to asbestos, a claim may be brought under the common law as well as pursuant to duties owed by the employer under various regulations and legislation. One example of such legislation is s.63 (1) Factories Act 1961, which provides that... |
 Inadequate Bundles: A Costly Mistake - Ian Miller, 1 Chancery Lane The July edition of Civil Procedure News reports a case in which a claimant's bundles were inadequate, two applications were adjourned and the claimant was ordered to pay the costs of producing properly prepared bundles and the costs thrown away as a result of the adjournment... |
 What May Explain Persistent Symptoms Following a Mild Head Injury? - Dr Linda Monaci, Consultant Clinical Neuropsychologist and Chartered Clinical Psychologist A road traffic accident or other traumatic event which involves a head injury may cause a brain injury, which can cause cognitive, emotional and physical symptoms. The severity of the brain injury is usually graded as mild, moderate or severe and this can help provide accurate information to the individual affected and their families, as well implement the correct rehabilitation intervention... |
| Summary of Recent Cases, August 2016 Here is a summary of the recent notable court cases over the past month. |
PI Practitioner, August 2016 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Costs Budgets: Changes Introduced in April 2016 |
| An Update from North of the Border, Edited by John Wilson & Lauren Pasi, Brodies LLP | |
| The Compulsory Pre-Action Protocol, Arriving 28 November 2016 - Gemma Nicholson & Peter Demick, Brodies LLP Civil courts reform, arising from the Gill Review, has brought substantial change to the way in which personal injury (PI) litigation is conducted in Scotland. As our colleague, Ciaran Dougherty envisaged last year yet more change is to follow. This time for non-litigated PI claims. From 28 November 2016, for the first time, a compulsory framework will apply to the negotiation of PI claims in Scotland... |
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| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Legal Mind Case and Commentary No 9: Dishonesty: Where is the Line? - Dr Hugh Koch & Dr Jon Willows Case: Churchill Care Insurance v Kelly (2006). EWHC.IP(QB), Aspects of a bona fide personal injury claim can be prone to exaggeration or magnification to increase the overall award. The implication for experts to highlight unreliability or even untruthfulness is discussed below. This is the ninth in a series of case reports and commentaries from Dr Koch and his colleagues and follows an earlier analysis... |
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July 2016 Contents
 Welcome to the July 2016 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles and take the CPD quiz. Please remember to fill in our quick feedback form after you have finished. CPD Quiz The PI Brief Update Law Journal (PIBULJ) is accredited by the Solicitors Regulation Authority (ref EGB/LBPL) and the Bar Standards Board (provider ID: 2177). The CPD is also valid for CILEx (formerly ILEX) members and for members of the Chartered Insurance Institute. The quiz can provide 1.5 hours of CPD under the hours system. See our CPD Info page for further details including recent changes to the CPD system. Please check with the relevant organisations for full details of their CPD rules. Take the CPD Quiz Feedback Form CPD Information
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| Personal Injury Articles | |
 FREE BOOK CHAPTER: What is a Package? Telephone Bookings (Chapter Two from 'Holiday Sickness Claims: A Practical Guide' by Andrew Mckie) One of the key matters that will always need to be looked at in a travel sickness claim, is whether the 1992 Regulations apply or not. This Chapter deals with bookings made by telephone and in a face face-to-face meeting at the office of the tour operator / travel agents. Internet bookings will be dealt with in a separate Chapter... |
Editorial: Brexit and Personal Injury Litigation - Aidan Ellis, Temple Garden Chambers Unlike most daily newspapers, some professional publications like the British Medical Journal or even various employers, PIBULJ avoided expressing a view on the referendum on EU membership. But now that the results are in, our thoughts inevitably turn to the likely impact of leaving the EU on our area of work... |
| Dishonest Claimants: Utilising the Tort of Deceit - Judy Dawson, Park Square Barristers In criminal law it is generally clear; if you cheat or lie or steal or defraud then you get punished. If you try but fail then you still get punished; English criminal law on attempts is clear and there is not much discount on sentence for having been incompetent... |
 MC & JC Birmingham Women's NHS Foundation Trust [2016] EWHC 1334 (QB) - Natasha Jones, Bevan Brittan This was a birth injury case which involved a claim bought by mother and son relating to an alleged delay in the management of JC's delivery on 13 February 2010. JC suffered brain damage as a result of an acute profound asphyxia and MC (mother) suffered a massive post partum haemorrhage resulting in an emergency hysterectomy. Quantum was agreed subject to liability in relation to MC's claim and the trial proceeded in respect of liability only... |
 Dunhill v W Brook & Co and Crossley: Professional Negligence Claim Against Counsel and Solicitors - David Green, Pupil, 12 King's Bench Walk Ms Dunhill received a head injury in a road traffic accident in June 1999. She was represented by the First Defendant solicitors throughout: Mr Brooks was the file handler, and Mr Marsh was a trainee... |
 When an Unsafe Structure Does Not Trigger the Landlord's Duty to Repair - Colm Nugent, Hardwick The reach of the Defective Premises Act and what 'defective' means within the context of the Act, was the subject of detailed consideration in the QBD recently, in Dodd v Raebarn Estates [2016]... |
 The EU Divided, but Not as We Know It - Jack Harding, 1 Chancery Lane The events of past weeks have brought into sharp focus the seemingly different attitudes held by a majority of the UK population compared to other EU member states. The result, whilst at present uncertain, may well be a full uncoupling of the UK legal system from European law... |
 Claimant Firms Must Prepare for the Long Haul - Matthew Gwynne, SpectraLegal The obstructive tactics employed by many defendants will be well known to claimant clinical negligence lawyers. They can range from the sublime to the ridiculous: Ignoring protocol timelines is common; failure to settle strong cases early (forcing claimants to needlessly proceed to a full letter of claim); and, admitting liability on the eve of a trial before then querying all the avoidable costs involved... |
 How to Document a Biopsychosocial Assessment in Personal Injury 2016 - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains how generalist experts document psychological injuries... |
 'In Time' Application for Time Extension Refused & No Relief From Sanctions: Six-Figure Claim Lost (Krasniqi v Watford Timber Co. Ltd) - Charles Bagot, Hardwicke This is an example of a case in which the Court refused to grant an "in time" application for an extension of time, made before the expiry of the deadline in an unless order, despite there being no trial date listed and this being a liability admitted multi-track claim for a six-figure sum. The effect of the refusal was that the claim... |
 Mitsui Sumitomo Insurance Co (Europe) Ltd v Mayor's Office for Policing and Crime [2016] UKSC 18 - Caroline Kane, BLM A recent ruling by the Supreme Court has finally settled the argument as to whether claims for consequential damages are permissible for losses incurred as the result of a riot. The case relates to a major incident that occurred on 8 August 2011, during the height of the rioting and violence that had erupted throughout the UK... |
 Wrongful Birth and Wrongful Conception: The Rights of the Father - Rebecca Jones, Hardwicke The law on recovery for damages in wrongful birth and wrongful conception cases has been settled for some time; since the cases of McFarlane v Tayside Board of Health [2000] 2 AC 59, Parkinson v St James and Seacroft University Hospital NHS Trust [2001] EWCA Civ 530 and Rees v Darlington Memorial Hospital NHS Trust [2002] EWCA Civ 88 there has been little, if any, disruption to the status quo. It is clear however... |
| Reforming the Courts' Approach to Mckenzie Friends - Kurt Rowe, Head of the CPR & Protocols Sector Focus Team at FOIL The recent conclusion of the Judicial Executive Board's consultation on Reforming the Courts' Approach to McKenzie Friends has put the spotlight firmly on the role of these individuals in court proceedings as well as the need for reform... |
 Material Contribution and Williams - Rebecca Richardson, Hardwicke On 25 January 2016 the Judicial Committee of the Privy Council handed down judgment in the case of Williams v The Bermuda Hospitals Board [2016] UKPC 4, the most recent reported decision regarding material contribution in clinical negligence cases. While not binding in domestic courts the case is highly persuasive authority... |
| Summary of Recent Cases, July 2016 Here is a summary of the recent notable court cases over the past month. |
PI Practitioner, July 2016 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Vicarious Responsibility |
| An Update from North of the Border, Edited by John Wilson & Lauren Pasi, Brodies LLP | |
 Director's Personal Liability for Employers' Liability Insurance: Scotland and England Aligned - Robert Cranston & Fiona Beal, Brodies LLP Readers may remember our report on a previous Scottish court decision that resulted in Scotland diverging from England on whether a director can be personally liable for his company's failure to provide employers' liability insurance. The case has gone all the way to the Supreme Court. It has decided, by a 3:2 majority, that the position in Scotland is the same as it is in England. A director will generally... |
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| Medico-Legal Articles, Edited by Dr Hugh Koch | |
| Legal Mind Case and Commentary No.7: Regulating Expert Evidence - Dr Hugh Koch & Dr Richard Cosway Case: Kennedy v. Cordia LLP [Scotland]. This case centres on a Supreme Court judgement in relation to an accident involving a home carer in Glasgow who visited an elderly lady who was terminally ill. The carer, in the process of carrying out her duties for her employer Cordia, slipped on... |
 Legal Mind Case and Commentary No.6: Stress at Work, a Fit Area for Legal Enquiry? - Dr Hugh Koch & Dr Simon Midgley Ten years ago, the Court of Appeal collated four cases to be heard together with the intention of providing guidance on handling stress at work cases claims. Known as Hatton v Sutherland, the Court of Appeal recognised difficulty in judging such cases, especially with complex issues of causation. Principles exposed as a result included... |
| Book Reviews | |
 New Book Reviews - PIBULJ.COM Editorial The Association of Personal Injury Lawyers (APIL) have produced a number of new books for the personal injury practitioner in the past few months, published by Jordan Publishing... |
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June 2016 Contents
 Welcome to the June 2016 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles and take the CPD quiz. Please remember to fill in our quick feedback form after you have finished. CPD Quiz The PI Brief Update Law Journal (PIBULJ) is accredited by the Solicitors Regulation Authority (ref EGB/LBPL) and the Bar Standards Board (provider ID: 2177). The CPD is also valid for CILEx (formerly ILEX) members and for members of the Chartered Insurance Institute. The quiz can provide 1.5 hours of CPD under the hours system. See our CPD Info page for further details including recent changes to the CPD system. Please check with the relevant organisations for full details of their CPD rules. Take the CPD Quiz Feedback Form CPD Information
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| Personal Injury Articles | |
| Impact of 'Brexit' on Personal Injury Claims - Flora Wood, Ashfords Claimant and Defendant lawyers are used to applying many EU-based regulations and Directives to personal injury claims. How could Brexit affect legal remedies for UK citizens? |
 Don't Overlook Foreseeability: Scott v Gavigan [2016] EWCA Civ 544, [2016] All ER (D) 35 (Jun) - Niall Maclean, 12 King's Bench Walk On a clear summer evening the Defendant was riding his motorcycle down a long straight road in south London. His speed was about the 30mph, the limit for the road. Walking towards him on the pavement on the opposite side of the road was the Claimant... |
 The Decision in Parker v Butler [2016] EWHC 1251: The Applicability of QOCS to Appeals - Craig Fisher, 7 Harrington Street Chambers Parker v Butler started life as a fairly unremarkable road traffic collision on the M18/M180 roundabout that occurred on 10 April 2013, and fell into that all too common category of cases "who changed lanes"... |
 FE (By his litigation friend PE) v St George's University Hospital NHS Trust [2016] EWCH 553 - Rachel Vickers, Outer Temple Chambers The Claimant was born by emergency Caesarean section at St George's Hospital on 25th January 2011. He suffered hypoxic ischaemic at birth leading to cerebral palsy... |
 Over Year-Long Wait for Employment Records from HMRC is Denial of Access to Justice and Breach of ECHR - Roger Maddocks, Irwin Mitchell LLP Occupational Illness Lawyers Call For Urgent Government Action... |
 Trial Advocacy Fees Recoverable Even if the Matter Settles on the Day of Trial - Francesca O'Neil, 1 Chancery Lane The appeal court has found that, even where a matter settles "at the door of the court" and so no effective trial has taken place, the fixed trial advocacy fee is recoverable under CPR Pt 45 Pt IIIA. The court further found that... |
| Editorial: Vacated Trials - Aidan Ellis, Temple Garden Chambers In the course of June so far, three of my trials have been vacated - two for lack of Court time and one converted to a 30 minute CMC because the trial bundle was filed one day late. On one further occasion... |
 Trial by Ambush? - Ella Davis, 1 Chancery Lane In Hayden v Maidstone & Tunbridge Wells NHS Trust [2016] EWHC 1121 (QB) Foskett J, albeit with "considerable misgiving", allowed a Defendant to rely on surveillance footage that had been disclosed so late that it caused the trial date to be vacated. The decision is not so much of interest because of its outcome but for the judge's more general comments on the issue of when surveillance evidence might properly be served... |
 Injuries Resulting in Blindness - Rose Gibson, Simpson Millar LLP Having dealt with a number of cases involving loss of sight over the years, it was not until I had to visit the JC Guidelines for a case involving total sudden blindness to a teenage girl that I was acting for that it really sunk in to me how woefully inadequate damages for injuries are in the UK... |
 Why Settlement of a Personal Injury Claim Does Not Bring the Application of the RTA Protocol to an End - Ben Hicks, 1 Chancery Lane The recent Court of Appeal decision in Phillips v Willis [2016] EWCA Civ 401 has provided welcome clarity as to the fate of claims initially made through the RTA portal when the personal injury element has been resolved prior to litigation commencing at Stage 3, but a dispute as to low-value special damages remains live between the parties... |
 Loss of Earnings: Clinical Negligence and Causation - Gordon Exall, Zenith Chambers & Hardwicke The need to prove that a claim for loss of earnings arises from the negligence complained of can be overlooked. A failure to consider the key issue of causation can lead to claims being made which, ultimately, cannot be proven. An example of this can be seen in the decision of Mr Justice Nicol in Manzi -v- King's College Hospital NHS Foundation Trust [2016] EWHC 1190 (QB)... |
 QOCS: Applies to Appeals? - Thomas Crockett, 1 Chancery Lane Qualified One-way Costs Shifting: does it apply to appeals? Yes, according to Edis J in Parker v Butler [2016] EWHC 1251 (QB), who held: If (as is likely to be the case here) the claimant's access to justice is dependent on the benefit of QOCS, that access will be significantly reduced if he is exposed to a risk as to the costs of any unsuccessful appeal which he may bring or... |
 Mrs H v Mr Robinson - Emma Melia & Miray Wahba, Spencers Solicitors The Deceased, male aged 50 at the date of the accident died in a tragic road traffic accident which occurred on 1 October 2011. The claim was brought by the Deceased's wife, who was appointed Administrator of the Deceased's estate and was the Claimant... |
 Mr A v Mr Chana - Emma Melia & Miray Wahba, Spencers Solicitors The Claimant, male aged 49 at the date of the accident was involved in a serious road traffic accident. The Claimant sustained soft tissue injuries to his lumbar spine and significant head injuries as a result of the accident. The Claimant went on to suffer post-traumatic epilepsy... |
| Serious Injury Guide - Duncan Rutter, DAC Beachcroft The Serious Injury Guide is a voluntary guide that applies to personal injury claims worth £250,000 or more. It does not apply to clinical negligence or asbestos related disease claims and doesn't affect a solicitor's duty to act in the best interests of his/her client. So far 13 insurers and 53 law firms have signed up to it... |
 Clean Air: A Claim Under Article 1? - Ian Miller, 1 Chancery Lane In February 2013 nine-year-old Ella Kissi-Debrah from Hither Green in South London died after suffering a severe asthma attack. "Can the courts be used to establish that we have a human right to clean air?" asked Nick Robinson on the Today Programme... |
| Summary of Recent Cases, June 2016 Here is a summary of the recent notable court cases over the past month. |
PI Practitioner, June 2016 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: QOCS protection for appeals. |
| An Update from North of the Border, Edited by John Wilson & Lauren Pasi, Brodies LLP | |
 Keep It Simple, Sheriff: Simple Procedure in the Sheriff Court - Peter Demick & Ben Bestgen, Brodies LLP Riding on the winds of change in Scotland's civil courts reforms (with our special focus on personal injury), we have already seen the creation of the All-Scotland Sheriff (Personal Injury) Court, a new Sheriff Appeal Court and the increase of the jurisdictional limit for bringing cases in... |
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| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Legal Mind Case and Commentary No.4: Plausible Causes Only, Please - Dr Hugh Koch and Dr Paul Elson This is the fourth in a series of Case reports and Commentaries from Dr Koch and colleagues. Attribution is complex and requires an assessment of plausibility, not just temporal linking. Case: Graves v Brouwer [2015] EWCA Civ 595... |
Legal Mind Case and Commentary No.5: Assessing Dishonesty - Dr Hugh Koch & Dr Elizabeth Boyd Case: Gamsby v Rowland. County Court Birmingham 22/09/15. The claimant sought damage for personal injury following a road traffic accident. There was a difference of opinion between claimant and defendant over the circumstances of the accident... |
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
