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July 2022 Contents
 Welcome to the July 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 | |
 Karanja, R (On the Application Of) v University of the West of Scotland [2022] EWHC 1520 (Admin) - Rochelle Powell, Temple Garden Chambers This case dealt with a number of procedural issues including jurisdiction and an extension of time for service of the claim form pursuant to CPR 3.1(2)(a). Michael Ford QC, sitting as a Deputy High Court Judge, also considered whether there had been good service of the claim form whilst providing a helpful recap of the relevant law... |
 Section 57 & Substantial Injustice - Nicholas Dobbs, Temple Garden Chambers In Woodger v Hallas, the Defendant appealed against the trial judge's failure to dismiss the claim in its entirety following a finding that the Claimant had been fundamentally dishonest within the meaning of s 57(1) of the Criminal Justice and Courts Act 2015. The Defendant argued that there was no proper basis for a finding of substantial injustice, and the trial judge did not balance the extent of the Claimant's dishonesty against the suggested injustice to him if the claim were dismissed in its entirety... |
 Contracting Out of the Fixed Costs Regime - Nicholas Dobbs, Temple Garden Chambers In Doyle v M & D Foundations Building Services Ltd [2022] EWCA CIV 927, the Respondent was injured whilst working on a construction site in the course of his employment by the appellant. His claim fell within the scope of the Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims ('the Protocol'). Liability was disputed with the result that the Protocol ceased to apply to the claim. Proceedings were commenced and the case allocated to the fast track... |
 Judicial College Guidelines 16th Edition: Work-related Limb Disorders - Jim Hester, Parklane Plowden Chambers The recent publication of the 16th Edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases, has brought a number of changes for industrial disease practitioners, in relation to: 1. Work-related limb disorders: Vibration White Finger (VWF) and/ or Hand Arm Vibration Syndrome (HAVS); work-related upper limb disorders (WRULD); and cold injuries... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 How to Audit an Expert Report - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains the general principles behind auditing expert reports for the civil, family and criminal courts. All reports have basically the same function, to provide a reasonable and logical explanation of the evidence for the court in a language that can be understood. The purpose of an audit is to consider... |
 Instructing Experts in Post-Traumatic Stress Disorder (PTSD) - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains how the new advice on PTSD from the can assist lawyers improve instructions to medical experts. Instructing medical experts to consider PTSD has been difficult because the previous guidance has led to over and under diagnosis of the condition. Medical experts have taken different... |
June 2022 Contents
 Welcome to the June 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 | |
 Hill v Ministry of Justice [2022] EWHC 370 (QB) - Rochelle Powell, Temple Garden Chambers The case concerned an appeal against the order of Recorder Bright QC dismissing a claim for personal injury suffered by Mr Hill ("the appellant") in the course of his duties as a probationary prison officer. The appellant was instructed to escort two young offenders when one of the prisoners ("DB") assaulted him, causing the appellant to sustain a spinal injury... |
 Uncertainty In The Law: When Actionable Damage Arises In Mesothelioma Cases - Nicholas Dobbs, Temple Garden Chambers In Brooks v Zurich Insurance, the Claimant had worked as a maintenance engineer at a paper mill in Enfield. His work brought him into contact with asbestos and, around 30 years later in March 2020, he began to suffer from the first symptoms of mesothelioma. He was formally diagnosed in April 2021. When examined in October 2021, his life expectancy was in the range of 6 to 18 months. His wife suffered from dementia and he wished to progress the claim as quickly as possible so that there would be funds available for her on his death... |
 PI Practitioner: Ex Turpi Causa Oritur Actio - Nicholas Dobbs, Temple Garden Chambers In Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors, the First, Third, and Fourth Defendants applied for an order striking out the claim against them on the grounds of illegality, 'ex turpi causa non oritur actio' (out of a dishonourable cause no action arises). The Claimant had killed three men in their homes whilst suffering delusional beliefs about them. He made numerous allegations of negligence against each of the Defendants, in essence arguing that they were... |
 Knowledge of the specific injury or disease? - Jim Hester, Parklane Plowden Chambers Does the specific injury or disease which a claimant sustained need to be reasonably foreseeable for liability to be established? Or is reasonable foreseeability of a risk of any injury or disease sufficient? The date of 'guilty' knowledge is a frequent topic which arises in industrial disease litigation. This is when a defendant ought to have known that a particular form conduct could reasonably foreseeably cause injury... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 How to Write a CV for an Expert Report - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains what a court is looking for in an expert's CV and how even senior experts can keep their CVs looking fresh. Courts need to be able to see in the medical report why they should consider this expert witness should be seen as an expert in this case. Although anyone can say that they are an expert it is the court that determines whether the practitioner is an expert... |
 Addressing Inconsistencies in PI reports - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains why inconsistencies are a sign of a good personal injury report and the expert's skill is in addressing them. Inconsistencies can arise from an internal error in a report, a mistake by a claimant or a biopsychosocial phenomenon. Errors in the report can occur when the claimant said that they had no previous neck pain and then said that they had whiplash following a previous RTA... |
May 2022 Contents
Welcome to the May 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 | |
FREE CHAPTER from 'A Practical Guide to Injury Claims Involving Cyclists' by Patrick Kerr & Helen Waller...
This book is designed to be a succinct overview of the key features of cycling litigation. It looks at cyclists as road users as well as group cycling, racing and professional cyclist claims. The book contains an essential overview of the key aspects of the new Highway code, introduced in January 2022. It also looks at the ins and outs of highways claims and considers the role of cycle helmets and other aspects that could give rise to a finding of contributory negligence on the part of a cyclist... |
Acoustic Shock claim revived because the defendant's evidence was unreliable: Storey v British Telecommunications plc [2022] EWCA Civ 616 - Rochelle Powell, Temple Garden Chambers
The Court of Appeal revived an acoustic shock claim after a finding that the defendant's evidence was incorrect and the judge was considering the wrong issue. Lady Justice Andrews overturned the decision of the Circuit Judge to strike out the claim. The claimant brought an action alleging that he had suffered injury to his hearing as a result of the use of a headset due to acoustic shock. The court gave... |
The discretion of the court and relief from sanctions: Chan Mok Park v Hassan Hadi & Anor [2022] EWCA Civ 581 - Rochelle Powell, Temple Garden Chambers
In a joint decision, Holroyde, Stuart-Smith and Warby LJJ held that Freedman J had not erred in granting relief from sanctions after the Respondent made an informal oral application without filing a witness statement. The claimant brought an action relating to the transfer of ownership of a public house. The defendants applied to strike out a claim and a peremptory order was made that the claimant must... |
When Seeking Permission To Obtain Fresh Expert Evidence - Nicholas Dobbs, Temple Garden Chambers
In Fernandez v Iceland Foods Ltd, the Claimant appealed against an order refusing his application for permission to substitute a fresh medical expert for an existing one. The decision includes a thorough summary of the applicable law and principles to be considered when parties seek to instruct fresh expert evidence (at [18]-[27]). The judgment also reiterates the well-established principle that an... |
Giving Notice of Conditional Fee Agreements with a Success Fee - Nicholas Dobbs, Temple Garden Chambers
In EXN v East Lancashire Hospitals NHS Trust, the court considered the proper approach to the failure of a party to comply with the rules relating to notice that a claim is funded by a CFA with a success fee. Since 1 April 2013, the recovery of success fees as costs has not been allowed. However, section 44(6) of the Legal Aid, Sentencing and Punishment of Offenders Act 2021 retains provision for the... |
Former Regional Costs Judge confirms on appeal that County Court decision was wrong to refuse Litigation Friend expenses for an ATE Premium - Daniel Slade, Express Solicitors
On 21st April 2022, before HHJ Lethem, helpful guidance was provided to assist County Courts commonly falling into error in refusing expenses to Litigation Friends who seek reimbursement of their liability to pay success fees and ATE premiums. LW, an 11-year old on 9th February 2019 was at an H&M store in Bromley and caught his right eye on a clothing pole-edge. His mother, RH instructed Express Solicitors to bring a claim for... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
MSK: The Basic Examination - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains the minimum necessary examination in MSK cases to comply with GMC guidance... |
The Generalist and the Specialist in Conference - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP discusses the effects of power difference between experts and the sometimes paradoxical outcomes... |
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... |
![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)
