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April 2022 Contents
 Welcome to the April 2022 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.
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| Personal Injury Articles | |
 Pleading and proving mitigation of loss: Mathieu v Hinds & Anor [2022] EWHC 924 (QB) - Rochelle Powell, Temple Garden Chambers The judgment of Mrs Justice Hill in this case deals with a number of interesting issues. This article focuses on pleading and proving mitigation of loss. The claimant, Manuel Mathieu, was an up and coming artist, studying for a Masters' degree in Fine Art at Goldsmiths College. On 28 November 2015 he was struck by a stolen moped... |
 Fundamental Dishonesty: The Importance of Adequate Warning To A Claimant - Nicholas Dobbs, Temple Garden Chambers In Jenkinson v Robertson, the Claimant appealed against a finding of fundamentally dishonest that had resulted in his claim being dismissed in its entirety pursuant to section 57(2) of the Criminal Justice and Courts Act 2015. The Claimant had sustained multiple injuries in a road traffic accident and at trial the principal issue between the parties was whether there was any causative link between... |
 Double Recovery: Costs In Part IIIA of CPR45 Where There Are Two Or More Claimants - Nicholas Dobbs, Temple Garden Chambers In Melloy v UK Insurance Ltd (Portsmouth County Court, Case Number 011LR422, 25 February 2022) an issue arose at the conclusion of the trial as to whether two claimants in proceedings for damages that fall within Part IIIA of CPR 45 were separately entitled to the costs set out in Table 6B. His Honour Judge Glen determined that where there are two or more claimants in proceedings for damages that fall within... |
 Witness Statements and the complexities of language: A legal minefield? Bahia v Sidhu & Anor [2022] EWHC 875 (Ch) - Rochelle Powell, Temple Garden Chambers Mr Bahia was born in India, but had lived in the UK for over 50 years. As at the date of the trial, he was 72 years old. Mr Bahia provided two witness statements, in the second he stated: 'English is not my first language, but I have an understanding of it. My usual way communicating is by speaking a mixture of Punjabi and English'... |
 The Reasonable and Prudent Employer - Jim Hester, Parklane Plowden Chambers The standard expected of a reasonable and prudent employer in employer liability cases is frequently the subject of both legal and factual dispute. In industrial disease claims, where the knowledge of the connection between working conditions and injury has often developed incrementally over long periods of time, this is of particular importance... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Truth and the Expert - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP discusses working as an independent expert in the Looking Glass world of the law... |
 Exacerbation and Acceleration - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP describes an expert approach to the legal concepts of Exacerbation and Acceleration... |
March 2022 Contents
 Welcome to the March 2022 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.
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| Personal Injury Articles | |
 Contributory Negligence In Gul v McDunagh - Nicholas Dobbs, Temple Garden Chambers In Gul v McDunagh, the appellant, then aged 13, had been struck by a car being driven by the First Defendant. He sustained very serious injuries. The question of contributory negligence was tried as a preliminary issue. The Judge found that the appellant had been contributorily negligent and that it was just and equitable to reduce his damages by 10%. The appellant was subsequently granted permission to appeal, arguing that there should not have been any... |
 Guidance on fee earners in abuse cases: TRX v Southampton Football Club Ltd [2022] EWHC B7 (Costs) - Rochelle Powell, Temple Garden Chambers The substantive claim was brought by a victim of convicted football coach Bob Higgins, who perpetrated a campaign of abuse against boys at the Southampton academy in the 1970s and 1980s. It was settled for £4,000 shortly after proceedings were issued. Some £65,523.26 was then claimed in costs. The matter came before Master Brown to determine the appropriate hourly rate and level of fee earner... |
 Impecuniosity documents: when should they be disclosed? Allianz Insurance PLC -v- Jonathan Holt (3rd December 2021) - Rochelle Powell, Temple Garden Chambers The applicant in the case, Allianz Insurance plc, was the prospective defendant in a claim for losses which included the cost of a hire car. The application sought pre-action disclosure of the prospective claimant's impecuniosity documents, namely: (i) Statements in respect of all bank, credit card and savings accounts covering the period of hire and 3 months before; and... |
 Failure To Attend A Hearing & CPR 39.3(5) - Nicholas Dobbs, Temple Garden Chambers In Miah v Ullah, the High Court considered whether to grant the Defendant relief under CPR 39.5 for failing to attend a disposal hearing. The Claimant had applied for relief under section 50 Administration of Justice Act 1985, to remove the Defendant as administrator and to be appointed substitute administrator in his place. An unless order was made giving the Defendant 14 days from service of the order to file and serve any evidence on which he wished to rely to contest the claim. He did not... |
 When is a Party not a Party? - Soyab Patel, KLS Law Solicitors A novel and interesting point in relation to Part 20 claims. I acted on behalf of the 2nd Defendant in this matter. In Bailey (C) -v- Barclays Bank UK PLC (D1) and London Plastic Surgeons Limited (D2) the Claimant commenced proceedings against the 1st and 2nd Defendant... |
 'Failure to Remove' Claims: Some Further Developments - Paul Stagg, 1 Chancery Lane These two significant judgments are both of considerable assistance to those defending 'failure to remove' claims against local authorities. In a series of articles published last year, I analysed in detail the decisions at first instance in HXA v Surrey CC [2021] EWHC 250 (QB) and YXA v Wolverhampton CC [2021] EWHC 1444 (QB), [2021] PIQR P19, and the decision of Stacey J on appeal... |
 Price v United Engineering - Jim Hester, Parklane Plowden Chambers I have been asked by a number of people if I can cover some of the cases which are frequently seen in Industrial Disease cases. This Article is the first such 'essential' case. This case considers evidence, inference and prejudice when considering Section 33 of the Limitation Act 1980. Price v United Engineering [1998] P.I.Q.R. P407 per Brooke and Waller L.JJ... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Managing the Recorded Joint Expert Conference - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains that recording a meeting alters the behaviours that are acceptable and changes the rules... |
 Improving the Quality of Claimant's Oral Evidence - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains that GP experts have special skills in communication and can help claimants tell their story... |
February 2022 Contents
 Welcome to the February 2022 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.
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| Personal Injury Articles | |
 Fundamental Dishonesty: Cojanu v Essex Partnership University NHS Trust - Nicholas Dobbs, Temple Garden Chambers Practitioners may find the appeal judgment of Cojanu v Essex Partnership University NHS Trust of interest for its consideration of fundamental dishonesty. In Cojanu, a clinical negligence claim had been dismissed following a trial in the Norwich County Court as a result of a finding of fundamental dishonesty (under section 57 of the Criminal Justice and Courts Act 2015)... |
 A reminder of the consequences when a witness statement does not comply with the rules: Prime London Holdings 11 Ltd v Thurloe Lodge Ltd [2022] EWHC 79 (Ch) - Rochelle Powell, Temple Garden Chambers In this case, Mr Nicholas Thompsell (sitting as a Deputy Judge of the High Court) considered the appropriate response where several excerpts of a witness statement did not comply Practice Direction 57AC of the Civil Procedure Rules ('the Practice Direction')... |
 Justified medical reports: A matter for costs not exclusion. Marva Greyson v Ryan Fuller [2022] EWHC 211 (QB) - Rochelle Powell, Temple Garden Chambers This High Court appeal decision confirmed that the 'draconian reading' of 8BPD6 in Mason v Laing was incorrect and unwarranted. The sanction for simultaneous rather than sequential disclosure gave rise to the risk of not recovering costs at the end of the process, not the exclusion of the evidence... |
 The Common Law Doctrine of Mistake & Part 36 Offers: O'Grady v B15 Group Ltd [2022] EWHC 67 (QB) - Nicholas Dobbs, Temple Garden Chambers In O'Grady v B15 Group Ltd,[1] by way of background, the Claimant's husband had been killed following a collision with a lorry, driven by an employee of the Defendant. Prior to the issue of proceedings, the Defendant's solicitors put forward a Part 36 offer whereby they offered to apportion liability on the basis of a 60/40 split in favour of the Claimant. At that stage the Defendant had not made any formal admission in relation to primary liability... |
 Case Report: H v P - Mary Kay, Spencers Solicitors On 31 October 2019 the Claimant (aged 50) had been driving along the M60 on his way home, when a settee cushion flew over the central reservation from a vehicle travelling in the opposite carriageway. The vehicle in front of the Claimant's vehicle managed to stop, as did the Claimant. However, the vehicle behind the Claimant (the Defendant) did not stop in time and collided heavily with the rear of the Claimant's vehicle; shunting it into collision with the central reservation and the vehicle in front... |
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| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Legal Mind Case and Commentary No. 37: Legal Mind Cases on Dishonesty - [Koch, H.C.H., Jansen, F.; Savage., J; Aldridge, M. & Nokling, K. February, 2022] There have been several cases recently summarised in legal professional journals exploring the concept and issue of Fundamental Dishonesty. As such, these cases address the often complex legal ramifications of evidential unreliability... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 '15 out of 10!': Making Sense of Pain Scores - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains how to resolve inconsistencies in the pain score given by claimants in PI assessments... |
 Showing Independence When Giving Evidence - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP discusses the challenges that face an expert who wishes to demonstrate independence when giving evidence... |
January 2022 Contents
| Welcome to the January 2022 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.
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| Personal Injury Articles | |
 Apportionment of Liability In Road Traffic Accidents Involving Multiple Collisions - Nicholas Dobbs, Temple Garden Chambers In Martini v Royal Sun Alliance Insurance Plc [2022] EWHC 33 (QB), the High Court was required to consider claims in negligence arising from a series of motor vehicle collisions, all occurring within a few minutes of each other before dawn on 15 October 2015, on an unlit section of the M20. The collisions were precipitated by the driver of a Fiat van falling asleep at the wheel and crashing into an HGV in front of him... |
 FREE CHAPTER from 'A Practical Guide to Periodical Payment Orders in Personal Injury Cases in Scotland' by Kirsty O'Donnell... This book aims to provide an introduction to practitioners as to how to approach these cases and the practical factors that must be considered. It will provide background and context to periodical payment orders, their pros and cons and the practical steps that must be taken when they are being put in place... |
 Can secondary victims claim for psychiatric injury in clinical negligence claims? A review of the decision in Paul v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 - Rochelle Powell, Temple Garden Chambers The cases of Paul v The Royal Wolverhampton NHS Trust ('Paul'); Polmear v The Cornwall Hospital NHS Trust ('Polmear'); and, Purchase v Ahmed ('Purchase') were heard as conjoined appeals. The question for the Court of Appeal was whether and in what circumstances a defendant to a clinical negligence claim could be held liable for the psychiatric injury caused to a close relative of the primary victim of that negligence. In all three cases, the defendants were... |
 Part 36 offers subject to the common law doctrine of mistake: O'Grady -v- B15 Group Limited [2022] EWHC 67 (QB) - Rochelle Powell, Temple Garden Chambers The Claimant brought a claim for damages under the Fatal Accidents Act 1976 in respect of her husband who was killed in a road traffic accident. On 20 April 2020 the Defendant's solicitors put forward a Part 36 offer, apportioning liability on the basis of a 60/40 split in favour of the Claimant. At this stage, the Defendant had not made any formal admission in respect of liability. This offer was neither accepted nor withdrawn... |
 The Interpretation of 'Road Or Other Public Place' In The Road Traffic Act 1988 - Nicholas Dobbs, Temple Garden Chambers In Brown v Fisk [2021] EWHC (QB) 2769, Master Dagnall gave judgment on an application for reverse summary judgment brought by the Second Defendant. The Claimant had brought a claim asserting that he was wrongfully injured by a car driven by the First Defendant in an area of land at Ham Lane, Lewes, Sussex (referred to in the judgment as "the yard") on 16 September 2016. The Claimant claimed against the Second Defendant under... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Cross Examining Claimant's Past Medical History - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP discusses whether medical experts are best placed to cross examine claimants about their memory of the past medical history... |
 Contributory Negligence: Are Claimants to Blame? - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP describes the emerging principles which guide how the issue of contributory negligence has been approached... |
December 2021 Contents
| Welcome to the December 2021 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.
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| Personal Injury Articles | |
 Whether An Intoxicated Passenger Can Rely On Their Own Intoxication To Avoid Or Reduce A Finding of Contributory Negligence - Nicholas Dobbs, Temple Garden Chambers In Campbell v Advantage Insurance Company Ltd [2021] EWCA Civ 1698, the Court of Appeal considered whether a claimant could rely on his own intoxication, and consequential lack of insight, either to avoid a finding of contributory negligence, or to reduce the apportionment of responsibility for his contributory negligence. It was argued on behalf of the appellant, amongst other points, that... |
 Calderbank Offers, CPR 44.2 & Deferring Rulings On Costs - Nicholas Dobbs, Temple Garden Chambers In McKeown v Langer [2021] EWCA Civ 1792, the Court of Appeal considered the following issues (at [1]): 'where there are split issues (such as liability preceding quantum), where no offer to settle the litigation under CPR Part 36 has been made, and where one party makes a without prejudice save as to costs offer covering the entirety of the litigation ('a Calderbank offer') how might the discretion as to costs under CPR 44.2 be exercised?... |
 Toombes v Mitchell [2021] EWHC 3234 (QB) - Rochelle Powell, Temple Garden Chambers This landmark ruling has been a source of great concern for medical practitioners because it means they can now be found liable for negligent pre-conception advice resulting in the birth of a child with a health condition... |
 Resiling from an admission: A recap in Shah v London Borough of Barnet [2021] EWHC 2631 (QB) - Rochelle Powell, Temple Garden Chambers In refusing the Defendant's application for permission to resile from an admission, Master Stevens sets out a helpful and detailed overview of the relevant Civil Procedure Rules ('CPR') and case authorities... |
 The varied dangers of being a vulnerable road user - Scottish legal insights on road traffic accident claims Motorcyclists are generally more at risk on the roads than a person travelling a car, van or lorry. They are more exposed on the open road... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Misunderstanding Ovarian Cancer - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP discusses how a growing understanding is starting to challenge the political and medical decisions around this often fatal disease... |
 The Expert Witness on Trial - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP imagines providing expert opinions to a court for a case where the Expert Witness community is defending its reputation... |
![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)
