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September 2019 Contents
 Welcome to the September 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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 What is Unjust? JLE v Warrington & Halton Hospitals NHS Trust Foundation [2019] - Andrew Cousins, Counsel at DWF Advocacy Ltd The appeal arose from a Detailed Assessment of costs following settlement of a claim for monetary damages. The background to the appeal was uncomplicated in that the Claimant served a bill of costs for £615,751 and subsequently made a Part 36 offer to accept £425,000... |
 Recoverable Premiums and Proportionality - Nick McDonnell, Kain Knight Costs Lawyers The 17 July 2019 saw the handing down of the combined, unanimous Court of Appeal judgment from The Master of the Rolls (Sir Terence Etherton) together with LJs Coulson and Irwin in West & Demouilpied v Stockport NHS Foundation NHS Trust [2019] EWCA Civ 1220. For some who regularly practice in legal costs it is the most important judgment of the last six years... |
 Brexit and Accidents Abroad - Paul Lewis, George Ide LLP Many of us know that, if we have an accident in the UK that to some extent was the fault of another driver, we may be able to make a claim against the insurer of that vehicle or driver. But what is the current process for making such a claim if we have an accident abroad, and will that change if we leave the EU as planned on 31 October?... |
 Case Report: B v Murtezi - Helen Reynolds, Spencers Solicitors The Claimant aged 53 at the time, was involved in a road traffic accident. He had a long history of neck and low back pain, having undergone extensive anterior lumbar spine and cervical spine surgery... |
 Case Report: C v Weeks - Steven Barke, Spencers Solicitors The Claimant (age 43 at time of accident) was the driver of a motor vehicle when it was involved in a head on collision with another vehicle on 8th May 2014. Her 2 youngest children were back seat passengers in the vehicle. The claimant was 6 months pregnant at the time... |
 PI Discount Rate: ABI vs Government - Qamar Anwar, Managing Director, First4Lawyers It must have come as a nasty shock to the Association of British Insurers (ABI) when the government didn't do what it was told over the discount rate. After all, if the last decade has taught us anything, it is that the ABI gets its way on personal injury reform... |
 Summary of Recent Cases, September 2019 Here is a summary of the recent notable court cases over the past month... |
 PI Practitioner, September 2019 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month we consider the suitability of litigation friends, in light of the recent case of Lorna Jamous v Alexander Mercouris [2019] EWHC 1746 (QB)... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 Capacity to Parent: Reasonable Adjustments - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP explains how parents can overcome their disabilities if the right reasonable adjustments are offered to the parent... |
 Medical Leadership in the 2020s - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP explains how medical leadership has been behind the curve when reacting to the crises that are facing the profession... |
 Is Everyone Disabled under the Equality Act? - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP considers issues in the legal definition of disability as thresholds appear to change with courts' interpretations of the law... |
 Why Do Doctors Find Completing Legal Forms So Difficult? - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP looks at the factors that impair a doctor's ability to comply with legal instructions when completing forms... |
August 2019 Contents
 Welcome to the August 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 | |
 Case Report: M v Ghosh - Karen Cawood, Spencers Solicitors The Claimant was involved in a road traffic accident which caused an exacerbation of neck and back symptoms stemming from another road traffic accident in December 2013... |
 How outdoor activities can support individuals in their recovery from brain injury - Bill Braithwaite QC For many years practising as a brain injury specialist, I've seen people who, following severe brain injury, have found salvation in outdoor activities... |
| PI Practitioner, August 2019 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month we focus on the recent clinical negligence case CXB v North West Anglia NHS Foundation Trust [2019] EWHC 2053 (QB), which provides guidance as to the evidential value of witness evidence from recollection, when this is inconsistent with or unsupported by contemporaneous written records... |
 Case Report: Parker v Turner - Kristy Price, Spencers Solicitors The Claimant was attended by paramedics at the scene of the accident and taken to A&E by ambulance. Advice and analgesia given... |
 How to choose the right Paralegal Course for you, and what to look out for if you are a PI Firm wishing to sponsor your Paralegal Employees - Amanda Hamilton, NALP With the paralegal profession emerging as the fastest growing in the legal sector, and the fact that many PI Firms see the potential in employing paralegals, it's so important to choose the right course - one that is bespoke, fit for purpose and robust... |
Summary of Recent Cases, August 2019 Here is a summary of the recent notable court cases over the past month... |
 Case Report: Mr R v Mr J Aslett - Helen Reynolds, Spencers Solicitors On 02 May 2015, the Claimant (aged 44 at the time of the accident) was driving a Mercedes Sprinter van when an oncoming vehicle veered onto the wrong side of the road, colliding with the car in front and the claimant's vehicle. Liability for the accident was admitted by the insurers on behalf of the Defendant... |
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| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Review of Post-Traumatic Stress Disorder: Contemporary Analysis (Koch H, Adeleye N, Willows J and Harrop C) - Hugh Koch A recent article published in Expert Witness Journal discusses a contemporary analysis of medico-legal evidential issues in personal injury claims. PTSD is a contentious diagnosis as it raises many issues concerning reliability and validity for experts and the courts alike... |
 Legal Mind Case and Commentary No 22: Maintain robust and impartial opinions during the Joint Statement process [Koch HCH, Nolan L, Milner P & Adeleye N, 2019] This is the twenty-second in a series of Case reports and Commentaries from Dr Koch and colleagues. Case: Yah v. Medway NHS Foundation Trust (2018) EWHC 2964 (QB)... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 What is Soft Knowledge in General Practice? - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP considers the value of knowing about a patient and how anonymous care affects both communication and empowerment... |
 Life Expectancy - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains a methodology for Life reports as the 16th disability area based upon mathematical calculations... |
 Hidden Disability and Stigma - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP considers how to recognise and describe the hidden disabilities and avoid stigmatising those with medically unexplained symptoms... |
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July 2019 Contents
 Welcome to the July 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 | |
 Al-Zahra (PVT) Hospital & Ors v DDM [2019] EWCA Civ 1103 - Ian Meikle, Civitas Law In this case the Court of Appeal considered whether or not to overturn extensions of time to serve a claim form outside the jurisdiction. In electing to do so, the court drew on and affirmed several previous authorities that provide that the regime is restrictive and sometimes harsh and that the reason for requiring extra time will always be relevant... |
 Editorial: Handing Down Judgment - Aidan Ellis, Temple Garden Chambers Two of my hearings recently overran, with the result that judgment was reserved and a further hearing was listed for judgment to be handed down. The subsequent progression of the cases was rather different. In the first, the Judge prepared a written judgment which was... |
 Scanning the horizon (and other sea-faring cliches) - Jonathan Wheeler, Managing Partner, Bolt Burdon Kemp I recently presented my firm's business plan to all our staff. As managing partner of the good ship Bolt Burdon Kemp, a practice which exclusively represents seriously injured claimants, it is very much part of my job to scan the horizon for threats and opportunities, and lead everyone through choppy waters. My analysis attracted a lot of attention! So what will PI practice look like in the next year or so?... |
 How to beat the MIB's off-road vehicle defence - Alan Ball, Irwin Mitchell This article will discuss a recent case (KMX v DPX and MIB [2018]) that myself and Carolyn Heaton, Partner at Irwin Mitchell, alongside our Counsel, Henry Witcomb QC, have successfully resolved against the Motor Insurers' Bureau (MIB). After over three years of liability being in dispute in August 2018, less than two weeks before trial, the MIB admitted liability in full. This article will discuss the 'off-road' vehicle defence used by the MIB and how we overcame this defence... |
 McMahon v Rouse - Mary Kay, Spencers Solicitors The Claimant was the front seat passenger in a vehicle being lawfully driven along the main carriageway by her partner. The Defendant emerged from a side road at 60 mph and collided with the passenger side of the Claimant's vehicle; the combined impact speed was in the region of 120 mph... |
Summary of Recent Cases, July 2019 Here is a summary of the recent notable court cases over the past month... |
| PI Practitioner, July 2019 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month in the practitioner update, we consider the case of Brushett v Hazeldean (unreported). The case concerned a collision between a cyclist and a pedestrian who was looking at her mobile phone whilst crossing the road... |
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| An Update from North of the Border, Edited by Kate Donachie, Brodies LLP | |
 Discount rate for personal injury claims increases in England but Scotland's hands are tied - Kate Donachie, Brodies LLP On 15 July, the Lord Chancellor announced that the discount rate for England and Wales would be increased from -0.75% to -0.25%. This is a lower increase than had been predicted and a disappointment for the insurance industry, who do not believe it will allow for an appropriate assessment of future loss claims (such as claims for future earnings or care); but what does the decision mean, if anything, for Scotland?... |
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| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Legal Mind Case and Commentary No 21: To convince or deceive? The analysis of reliable and realistic evidence - Koch HCH, Mushati D & Francis A This is the twenty-first in a series of Case reports and Commentaries from Dr Koch and colleagues. Case: Spencer vs. Ashwell Maintenance Ltd (Leicester County Court, 21/2/2019). This interesting case was reported by two eminent legal authors (G. Exall and B. Hartley), following a LinkedIn post provided by barrister A. Mckie... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 The Secret Authors of Medical Expert Reports - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains how the report writing software or an associate of the expert may be the true author of a medical expert report... |
 Institutionalised Professional Negligence - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains how the systems set up to protect the public from professional negligence are responsible for growing negligence in institutions... |
 Is Knowledge Important in General Practice? - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP considers situations where knowledge gaps might worsen the care that GPs can offer their patients... |
When did Medical Expertise in PI become Industrial? - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP tells the story of how Medical Expert Witnesses in Personal Injury lost their way with quality as the main casualty... |
June 2019 Contents
 Welcome to the June 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, June 2019 | |
 Diamond v Royal Devon and Exeter NHS Foundation Trust [2019] EWCA Civ 585, [2019] All ER (D) 53 (Apr) - Laura Johnson, 1 Chancery Lane The Court of Appeal upheld the first instance decision that although a surgeon who had repaired the appellant's hernia using an abdominal mesh had breached his duty by providing her with inadequate information about alternatives to that procedure, the breach had not caused her injury or damage because she would have opted for the same procedure even if proper consent had been obtained... |
Allen v Brethertons LLP [2018] EWHC B15 (Costs) - Claire Green, Association of Costs Lawyers Costs Lawyers may generally operate behind the scenes, but a recent case in the Senior Courts Costs Office provides a useful reminder of our professional status and the important role we play in the resolution of costs disputes... |
 Inglis v MOD [2019] EWHC 1153(QB), Peter Marquand sitting as a Deputy High Court Judge - Robert O'Leary, Crown Office Chambers In Inglis v Ministry of Defence, a former Royal Marine was awarded £545,766 for his noise-induced hearing loss and tinnitus... |
Insurers trying to make fools of Government over whiplash savings - Phil Sherwood, President of CILEx The Association of British Insurers recently reported that following the personal injury reforms enacted by the Civil Liability Act, they are passing savings on to consumers in the form of lower motor premiums which saw a fall of £24 in the first three quarters of 2018. Whilst this is good news, it simply isn't plausible to relate this to reforms that are yet to be implemented... |
 Heads Up: How is head injury treated in the world of sport? - Rujina Begum, Bolt Burdon Kemp There has been a lot of media attention in the last few months about head injuries occurring during sports games. Whilst it was visibly distressing to see a head injury occurring during the Champions League Final, what was even more traumatising was the fact that the player was allowed to return to the pitch moments later. It is true that there are different rules for... |
 Exploring the impact of personal injury on mental health - Tom Fitzgerald, Managing Director of National Accident Helpline For years, we have known that the effect of a personal injury extends beyond the physical hurt, but naturally, the focus remains on the physical injury itself. But as attitudes continue to change, there is an increasing recognition of the importance of protecting our mental health, and this is something which is hugely important at a time of trauma like an accidental injury... |
 Fixed recoverable costs are restricting smaller firms' ability to offer services - Phil Sherwood, President of CILEx The introduction of fixed recoverable costs (FRC) for low-value personal injury cases has restricted smaller law firms from offering their services to the public and this will be made worse by plans to extend FRC... |
 Claimant solicitors predict closures and redundancies as a result of Civil Liability Act reforms - Qamar Anwar, First4Lawyers Over 100 PI (personal injury) solicitors responded to our annual State of the Market survey. Practitioners told us that the Civil Liability Act reforms will lead to a sharp contraction in the claimant personal injury market, resulting in firm closures and staff redundancies... |
| Summary of Recent Cases, June 2019 Here is a summary of the recent notable court cases over the past month... |
PI Practitioner, June 2019 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area... |
| Personal Injury Articles, June 2019 | |
| The Systems Ageing Index - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP uses a theory of ageing based upon the function of physiological systems to create a novel multidimensional index... |
How Doctors Keep up to Date - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP describes the rather patchy and disorganised systems that attempt to ensure that doctors are safe to practice... |
 Advantages and Disadvantages of a Moderate Volume, High Location PI Medical Practice - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP discusses how of diversity in approach is central to agencies ability to deliver a high quality service that is inclusive... |
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April 2019 Contents
 Welcome to the April 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 SAMPLE from 'A Practical Guide to Noise Induced Hearing Loss Claims' by Andrew Mckie, Ian Skeate, Gareth McAloon Generally this book covers issues in relation to NIHL and hearing loss claims, and in particular focuses on the day-to-day issues in practice that one encounters with such cases including spotting the 'winners' and 'losers' quickly and efficiently, practical tips for investigation, litigation tactics, as well as a summary of the law, the important cases, and how to run these claims efficiently... |
 Autonomous Vehicles May Be Motoring Towards the UK, but Who Is Liable if They Crash Along the Way? - Paul Fretwell, George Ide LLP Now that the Automated and Electric Vehicles (AEV) Act is enshrined in law, will the government deliver 'automatic' compensation for injured victims of driverless cars? According to recent media reports, fully driverless cars are expected to... |
| Was LASPO Part 2 worth the bother? - Qamar Anwar, First4Lawyers Was part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) worth the bother? I can guess the reply of most claimant lawyers - and indeed of defendant lawyers - but now the Ministry of Justice (MoJ) has had its say, publishing the long-awaited post-implementation review in January... |
 FREE BOOK CHAPTER from 'An Introduction to Beauty Negligence Claims - A Practical Guide for the Personal Injury Practitioner' by Greg Almond This book is intended to assist the personal injury practitioner when considering new enquiries and when handling beauty claims - it is an entry level guide and will be especially useful for practitioners who have not undertaken this work before and are looking to expand their service offering... |
 Editorial: Credit Hire Mock Trial - Aidan Ellis, Temple Garden Chambers On 8 May 2019, I will be participating in a credit hire mock trial in Manchester. I would like to thank the organiser, the Credit Hire Organisation, for allowing me the opportunity to indulge my judicial fantasies. More importantly, this is a valuable event because it will allow us the opportunity to demonstrate how credit hire arguments play out in the Court room... |
 Mr S v Evans: Road traffic accident (bicycle) leg broken in 3 places - Karen Cawood, Spencers Solicitors In January 2016, the claimant (age 68 at the time of the accident) was cycling around a roundabout when the defendant collided with the cyclist and knocked him into the road. Emergency services were called to the accident location where the claimant... |
| AI and Robots, in personal injury claims? - Tim Wallis, Trust Mediation News that a 'robot mediator' has been used to settle a dispute in the court system, for what is believed to be the first time, was reported in Legal Futures recently. Is this for real? Will lawyers and insurers use robots to settle routine personal injury claims?... |
Summary of Recent Cases, April 2019 Here is a summary of the recent notable court cases over the past month... |
| PI Practitioner, April 2019 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month we consider the case of Peter Matthew & 5 others v (1) Barrie Sedman (2) Thomas William Hallam (3) Peter James Roberts [2019] EWCA Civ 475 which concerned limitation periods... |
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| An Update from North of the Border, Edited by Kate Donachie, Brodies LLP | |
 Fraudulent claims; are England and Scotland moving in different directions? - Kate Donachie, Brodies LLP In a time of significant change to the civil litigation system, the approach to fraudulent exaggeration of insurance claims is diverging North and South of the border. This combination of developments may lead to a perfect storm for fraudulent claims in Scotland... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 How to Run a Personal Injury Compensation System - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP provides a detailed response to the issues facing the MOJ in 2019 and offers a solution that could change how law is delivered in the UK... |
How To Investigate A Medical Mistake As Cheaply As Possible - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains why a GP expert rather than a lawyer or a McKenzie friend should be the first point of call for those with a limited budget... |
 Medical Records Review in Personal Injury - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains why MedCo should consider providing guidance on medical records review to experts and solicitors... |
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![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)
