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March 2020 Contents
Welcome to the March 2020 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 | |
Personal injury solicitors urged to combat 'desperate' tactics of firms targeting success fee refunds in RTA claims...
Personal injury solicitors are being urged to combat the "desperate" tactics of firms targeting success fee refunds in RTA claims - by a Costs Lawyer specialising in the sector... |
Supreme Court refuses MIB permission to appeal in landmark case establishing liability for accidents on private land
On 13.2.20 the Supreme Court (Lord Reed (President), Lady Arden and Lord Hamblen JJSC) refused the MIB's application for permission to appeal against a finding that it was directly liable under EU law for injuries sustained by a pedestrian who was struck by an uninsured vehicle on private land. At the same time, it concluded... |
Becoming more virus-resilient: tips on dealing with the COVID-19 coronavirus situation - Professor Hugh Koch
Key risk factors are clearly proximity to infected individuals but our own personal resilience can enhance our protection to becoming unwell... but what does this mean?... |
Chaos surrounds launch of the consumer claims portal - Andrew Kay, Director of Operations, FIRST4LAWYERS
Just weeks to go until implementation of the Civil Liability Act (CLA) and the launch of the new consumer claims portal, or is it? For several months now the Ministry of Justice (MoJ) has been firm in its stance that the reforms will be implemented on 6 April. However, that stance seemed to be wavering at the recent Association of British Insurers (ABI) conference... |
Summary of Recent Cases, March 2020
Here is a summary of the recent notable court cases over the past month... |
PI Practitioner, March 2020
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month we consider the court's discretion in off setting interim costs orders in the context of Qualified One-way Costs Shifting ('QOCS')... |
| Medico-Legal Articles, Edited by Dr Hugh Koch | |
Legal Mind Case and Commentary No 27: PTSD in Road Traffic Accident: A review of key medico-legal issues - Koch HCH, Jansen F, Crowther-Green H & Francis A
This is the twenty-seventh in a series of Case reports and Commentaries from Professor Koch and colleagues... | |
| Clinical Negligence Medicine by Dr Mark Burgin | |
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Covid 19: How Should the Law React? - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP discusses reasonable adjustments to legal processes to allow compliance with Government Policy and Health and Safety... |
Short Notes on Migrated Contraceptive Devices - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP considers the elements that should be included in a primer for clinical negligence cases involving migrated contraceptive devices... |
| Book Reviews | |
Book Reviews: Assessing and Treating Post Traumatic Stress - Professor Hugh Koch
Two publications are 'hot off the press' which bring lawyers and clinicians up to date with the latest guidance and research in how to formulate/assess a case of PTSD and how, then, to treat this using a cognitive behavioural approach. A timely duo for a review publication in PIBULJ to accompany another article outlining evidential issues in a recent case of trauma... | |
February 2020 Contents
 Welcome to the February 2020 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, February 2020 | |
 Is there Sense in Common Sense? Manchester Shipping Ltd v (1) Balfour Shipping Ltd, (2) Nikolay Nikolayevich Sochin [2020] EWHC 164 (Comm) - Daniel Tresigne, Advocate, DWF Advocacy Ltd This ruling arose from an application for relief from sanctions for a failure to file and serve a costs budget on time. Both Defendants (represented by the same Solicitors) served their costs budget some 13 days late, and 8 days before the first Costs and Case Management Conference... |
 The difficulties of contracting out of fixed costs - Andrew Roy, 12 King's Bench Walk Ho v Adelekun [2019] EWCA Civ 1988; [2019] Costs LR 1963 concerned the application of the fixed costs regime for ex-Protocol cases at Section IIIA of CPR Part 45, following acceptance of an ostensible Part 36 offer for damages and costs to be assessed. The Court of Appeal allowed the defendant's second appeal and held that fixed costs applied notwithstanding that the defendant's offer letter was poorly drafted. It also provided guidance on how such defendants could in future avoid such disputes... |
 Supreme Court refuses MIB permission to appeal in landmark case establishing liability for accidents on private land On 13.2.20 the Supreme Court (Lord Reed (President), Lady Arden and Lord Hamblen JJSC) refused the MIB's application for permission to appeal against a finding that it was directly liable under EU law for injuries sustained by a pedestrian who was struck by an uninsured vehicle on private land. At the same time, it concluded that it was not... |
 Surveillance Evidence: Trump Card or Joker? Grant v Newport City Council [2018] EWHC 3813 Ch - Vinesh Mistry, Barrister, DWF Advocacy Ltd Grant v Newport City Council [2018] EWHC 3813 Ch ("Grant") is a fairly typical multi-track 'slip and trip'. Over the course of litigation, the defendant covertly monitored the claimant. The defendant initially obtained footage of the claimant walking, and further surveillance then demonstrated her working. This was all contrary to the claimant's pleaded case. Approximately 4 weeks before trial, the defendant disclosed the surveillance evidence to the claimant and applied for permission to rely on the same and to amend its Defence to aver fraud... |
 Brain injury solicitors report greater cooperation from insurers - Bill Braithwaite QC, Exchange Chambers New research by barristers Exchange Chambers and brain injury rehabilitation charity, Calvert Reconnections, has examined the effectiveness of the brain injury claims and rehabilitation process through 164 in-depth interviews with claimant brain injury partners at law firms throughout the country... |
 Does, and should, Legal Professional Privilege apply to PI Paralegal Lawyers? - Amanda Hamilton & Jane Robson, NALP I was asked an interesting question this week: Are Paralegals covered by Legal Professional Privilege? Those PI paralegals who work for solicitors and barristers are covered under their employer's umbrella, but what about those who work as independent legal advisers? Where do they fall?... |
| Summary of Recent Cases, February 2020 Here is a summary of the recent notable court cases over the past month... |
PI Practitioner, February 2020 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month's practitioner update considers two recent health and safety appeals before Martin Spencer J... |
| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Legal Mind Case and Commentary No 26: Psychological harm following sexual abuse. Procedural aspects of psychological assessment - Koch HCH, Milner P and McFadyen K Analysis of psychological harm in a complex case. Issues emerging from this analysis involved credibility, diagnosis, causation and quantum assessment... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 How does mould damage health? - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP summarises the practical issues that face experts and solicitors in public liability cases on mould exposure... |
 Understanding GPs: Struggling to Cope - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains in the third of a series how the Triple Aim and ignorance of biopsychosocial progress is harming patients and the NHS... |
January 2020 Contents
Welcome to the January 2020 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 the Law of Bullying and Harassment in the Workplace' by Philip Hyland
This practical guide explains how the law on bullying and harassment in the workplace works. How the law defines bullying and harassment in the workplace. How the law imposes liability. What defences are available to the employer. What practical steps the employer should take to prevent issues arising. How to deal with issues when they arise... |
Data Breach and Privacy Claims: The next big thing? - Rick Preston, Horwich Farrelly
Following the introduction of holiday sickness claims protocols and fixed fees (April 2019), the PPI claim limitation deadline (August 2019) and the impending changes proposed within the Civil Liability Act (April 2020 at the earliest) there is evidence that CMCs and Claimant Solicitors are considering Data Breach Claims as an area which may provide an opportunity to fill voids created by the reductions in work volumes and profits of its predecessors... |
QOCS protection denied in a 'mixed claim' case - Hazel Leeson, Langleys Solicitors
A claimant cannot rely on automatic costs protection simply because they have an injury claim as part of their claim... |
FREE CHAPTER and Foreword from 'A Practical Guide to the Small Claims Track' by Dominic Bright
Over recent years, a succession of Lord Chancellors and Ministers of Justice have been keen to emphasise their commitment to protecting judges and upholding the rule of law. Such commitments are not without meaning and while the rule of law is a phrase often said, it is rarely examined. It is not an arid legal doctrine but is the foundation stone of much that creates a fair and just society... |
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Summary of Recent Cases, January 2020
Here is a summary of the recent notable court cases over the past month... |
PI Practitioner, January 2020
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: The application of exceptions to the EL/PL Protocol. |
| Medico-Legal Articles, Edited by Dr Hugh Koch | |
Legal Mind Case and Commentary No 25: Giving a range of opinions on psychological cases: Independence, Objectivity and Impartiality of CPR Part 35 experts - Koch, HCH., Nokling, K. E. and Nolan, L
This is the twenty-fifth in a series of Case reports and Commentaries from Professor Koch and colleagues. Case: Ashley Wilde Group v. BCPL Ltd (2019) EWHC 3166... | |
| Clinical Negligence Medicine by Dr Mark Burgin | |
Low Velocity Impact - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP considers how issues of low velocity impact have moved on from Delta V to a more subtle approach... |
Insights from APIL Training - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP attended APIL 'legal training for expert witnesses' and shares some of the learning points... |
Understanding GPs: The Triple Aim as a Management Tool - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains in the second of series of articles how a management framework from the Institute for Healthcare Improvement is destroying primary care... | |
November 2019 Contents
Welcome to the November 2019 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 Sepsis and Meningitis Claims' by Isaac Hogarth
Chapter Three - Sepsis. This book will give an overview of the medical background, including an overview of signs, symptoms, treatment and outcomes. It will explore the issues on breach and causation that often arise, and will provide practical guidance for practitioners... |
Credit Hire: Is it right to hire when the cost of a replacement taxi exceeds a claimant's profits? - Darren Mendel, Horwich Farrelly
Darren Mendel, Partner at Horwich Farrelly, looks at the case of Hussain v EUI Limited where the issue of hire and profit was thrown into question... |
Interim Payment on Account of Costs: Global Assets Advisory Services Ltd & Anor v Grandlane Developments Ltd & Ors [2019] EWCA Civ 1764 - Andrew Cousins, Counsel at DWF Advocacy Ltd
The Court of Appeal has given clarification as to how Part 36 interacts with CPR 44 and the Court's powers to make orders for interim payments of costs following acceptance of a part 36 offer... |
FREE CHAPTER from 'Ellis on Credit Hire - Sixth Edition' by Aidan Ellis
Chapter Two - Credit Hire Rate Or Basic Hire Rate? It is perhaps helpful to start by stating the general rule again. In Dimond v Lovell,1 after emerging from the thicket of consumer credit issues to address the issue of rates, Lord Hoffmann (with whom Lord Browne-Wilkinson agreed) stated that... |
Costs: Court of Appeal judgment on recoverability of disbursements in ex-portal claims (CPR r.45 Section IIIA) - Simon Fisher, DWF
Aldred v Cham, Court of Appeal, 25 October 2019. Simon Fisher examines the Court of Appeal's finding in Aldred v Cham (2019), that counsel's advice fee in a child claim was not recoverable as a disbursement in addition to the fixed costs, and that translation fees are also irrecoverable... |
Recording appointments with medical experts: Is the evidence admissible? - Paul Sankey, Enable Law
In a recent case Master Davison considered whether covert recordings of appointments with medical experts should be admitted as evidence. The recordings were obtained improperly or unfairly but nevertheless had probative value... |
What Role Will PI Paralegals Play in the Future of the Legal Services Sector? - Amanda Hamilton, NALP
Many PI firms see the potential in employing paralegals and PI firms are often keen to pay for their staff to gain paralegal qualifications or for their paralegals to take CPD courses... |
Summary of Recent Cases, November 2019
Here is a summary of the recent notable court cases over the past month... |
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PI Practitioner, November 2019
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. In this month's practitioner update we bring two useful recent cases to your attention... | |
| Medico-Legal Articles, Edited by Dr Hugh Koch | |
Legal Mind Case and Commentary No 24: Gestmin and Witness Evidence [Koch HCH, McFadyen K, Crowther-Green H and Milner P, 2019]
This is the twenty-fourth in a series of Case reports and Commentaries from Dr Koch and colleagues... | |
| Clinical Negligence Medicine by Dr Mark Burgin | |
Appropriate Responses to the Joint Expert Conference - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains how to manage difficult behaviours in the Joint Expert Conference... |
The GMC report: Caring for doctors, Caring for Patients - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP reviews the GMC report on the risks posed to patients by increasingly unwell doctors in the NHS... |
October 2019 Contents
 Welcome to the October 2019 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 | |
 The legal liability of the sportsman for causing injury to a third party - Alec Samuels, In the course of engaging in his sport the sportsman causes injury to a third party. For a criminal conviction the prosecution will have to prove subjective criminal intent to injure or a reckless indifference as to whether or not an injury would be caused. For negligence the claimant will have to prove the duty of care, proximity, foreseeability, reasonable objective standards, breach, the typical common law claim... |
 FREE CHAPTER from 'Personal Injury 2019 - Updates, Cases and Key Decisions' by Andrew Mckie Chapter One - Costs, Cfa and Retainers - Updates, Cases and Key Decisions. There are now a number of new services advising clients to go back and check if their legal fees were charged correctly. A new breed of claim is from clients challenging success fees (especially in PI and clinical negligence litigation) under the Solicitors Act 1974 (section 70). This is causing a headache for the PI sector... |
 FREE CHAPTER from 'A Practical Guide to Prison Injury Claims' by Malcolm Johnson Chapter One - An Introduction to Injury Claims in Prison. The concept of a prison in English law encompasses a whole host of different institutions, run by different organisations, both public and private. As we see below, there are places where adults or children are detained, but not all are called prisons... |
 When may a parent company be liable for harm caused by the operations of its subsidiary: new developments in Vedanta Resources plc v Lungowe - Harry Sheehan, Devereux Chambers The Supreme Court's decision in Vedanta Resources plc v Lungowe [2019] UKSC 20 marks a substantial new development in the state of parent company liability and provides clear guidance as to when a parent company may be liable to those harmed by the operations of its subsidiary... |
 Package Travel Claims: Where Are We Now? - Katherine Allen, Hugh James In April 2018 regulations implementing Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements (PTD 2015) were published. These came into effect on 1 July 2018... |
 Case Summary: S (by Litigation Friend) v U - Helen Reynolds, Spencers Solicitors The Claimant (aged 17 at the time) suffered catastrophic injuries in a road traffic accident. He was a front seat passenger in a car driven by his friend, the Defendant. The Claimant suffered life changing injuries including a severe traumatic brain injury, serious orthopaedic injuries and psychological injury. At the time of the accident the Claimant was studying at college and working part time... |
 PI firms ignoring clients who contact them after 5.30pm or via Facebook - Qamar Anwar, Managing Director, FIRST4LAWYERS Personal injury (PI) law firms are failing to adapt to clients using less traditional methods of contacting them by not responding when clients call them out-of-hours or via Facebook, according to our latest mystery shopping research... |
 Case Summary: W v Burns - Kristy Price, Spencers Solicitors The Claimant was involved in a previous road traffic accident back in 2015 and the Claimant also suffered with pre-existing multiple sclerosis. Immediately after the accident, the Claimant suffered with severe symptoms to his head, neck and lower back causing a restricted range of movement. These symptoms improved over time. The Claimant also suffered with severe driver anxiety including nervousness and being over-cautious. Driving also exacerbated his symptoms... |
| Summary of Recent Cases, October 2019 Here is a summary of the recent notable court cases over the past month... |
PI Practitioner, October 2019 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month" Miles Baynton-Williams v Ashley Mark Baynton-Williams [2019] EWHC 2179 (Ch)... |
| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Legal Mind Case and Commentary No 23: Reasoning and Logic in Psychological/Psychiatric Evidence [Koch HCH, Crowther-Green H and Nokling K, 2019] This is the twenty-third in a series of Case reports and Commentaries from Prof Koch and colleagues. Background: Yah v. Medway NHS Foundation Trust (2018) EWHC 2964 (QB)... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
| Review of MedCo training 2019 - Dr Mark Burgin Dr Mark Burgin reviews the quality and relevance of the continuing professional development training provided by MedCo for its registered experts... |
 Missing Evidence and CPR35.14 - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP discusses how a one-size-fits-all policy for medical records review increases costs and allows a minority of solicitors to game the system... |
![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)
