PIBULJ
About Us
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Background
PIBULJ.COM or give it its full title, The Personal Injury Brief Update Law Journal, was launched in 2006 and has grown to be the UK's leading online personal injury journal. It provides new articles each month on a wide variety of topics from liability and quantum to costs, civil procedure, credit hire and fraud and has an archive of well over 1000 articles. The articles have been written by over 200 barristers, solicitors and other experts and provide practical guidance specifically aimed at the busy personal injury practitioner. Alongside the subscription Journal, we also provide a free personal injury newsletter by email called Personal Injury Brief Update (PIBU). This was launched in 2002 and has since grown into what is now a staple for the PI industry going out to around 11,000 people each month. All of these are published by Law Brief Publishing Ltd which was co-founded by Tim Kevan and Garry Wright (see below). |
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Tim Kevan
Tim Kevan is a co-founder of Law Brief Publishing. He practised as a barrister for ten years at 1 Temple Gardens (now Temple Garden Chambers) specialising in personal injury, credit hire and civil fraud. During that time he wrote or co-wrote ten law books. He has since written two legal comedy novels for Bloomsbury Publishing based on the BabyBarista blog which has featured on both The Times and Guardian online. He was a co-founder of the legal training company CPD Webinars which was sold to Thomson Reuters in 2011. He lives in Braunton in North Devon with his wife Louise, daughters Grace and Hope and border terrier dog Jack. See www.timkevan.com. |
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Garry Wright
Garry Wright is also a co-founder of Law Brief Publishing. He is an IT expert and has a degree in theoretical physics. He was also a co-founder of CPD Webinars. He lives in Somerset with his wife and two daughters. |
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Aidan Ellis
Aidan is currently part of the Defence team representing Bruno Stojić in appeal proceedings at the International Criminal Tribunal for the former Yugoslavia. He has previously been instructed in cases before the International Criminal Court and both the African Commission and African Court on Human and Peoples' Rights. He is a member of the Association of Defence Counsel at the ICTY and is on the list of counsel at the ICTY and the list of legal assistants at the ICC. At the same time, Aidan maintains a robust civil practice. He is frequently instructed in all aspects of personal injury litigation, with a particularly emphasis on cases involving allegations of dishonesty. He has experience of representing families and other interested persons at inquests. Aidan has particular expertise in handling credit hire cases. The fourth edition of his text book "Kevan and Ellis on Credit Hire" was published in 2013. He has experience of Inquiries, having been instructed by the Ministry of Defence on both the Baha Mousa Public Inquiry and the Nimrod Review. |
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Jo Pye
Before joining Law Brief Publishing, Jo worked as an assistant to the senior partner of a firm of chartered accountants where she gained the AAT technician qualification. She is married with two children. |
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Write for us If you'd like to write for PI Brief Update or PIBULJ, please see here for more information. |
August 2012 Summary
CPD QUIZ
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NEWSLETTER
Industry NewsSummary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure
PI Practitioner
LAW JOURNAL
Editorial: General Damages up 10% - Aidan Ellis, Temple Garden ChambersBy now, I suspect most PI practitioners will have marked 1 April 2013 in their diaries as the date on which general damages will be increased by 10% as a result of the Court of Appeal decision in Simmons v Castle [2012] EWCA Civ 1039. Allow me to venture some thoughts about this decision.
Personal Injury Articles
Part 36 and Doing Justice Between the Parties - Robert Vernon, 9 Park Place Chambers
In SG v Hewitt [2012] EWCA Civ 1053, the Court of Appeal dealt with an appeal by a Claimant who had been ordered to pay some of the Defendant’s costs after accepting a Part 36 offer long after the 21 day period for acceptance had expired. The Court of Appeal set aside the order of Popplewell J and provided some guidance as to the circumstances in which the court may decide that the normal order would be unjust.
PI Industry update: referral fees, small claims limits, general damages and discount rates - Tim Kevan
The personal injury industry is in a state of extreme flux and this article highlights just a few of the recent changes of which everyone should be aware.
Never Say Never: the Import of the Fairclough Homes v Summers Decision - Helen Tinkler, BPP & Central Law Training
The recent decision in Fairclough Homes v Summers [2012 UKSC 26] has provided a ideal opportunity for all parties to consider tactics. Although the overriding objective (CPR 1.1) enjoins the parties to co-operation (see Hertsmere Primary Care Trust v Administrators of Balasubramanium’s Estate [2005] 3 All ER 274), this presupposes that the parties are playing fair. The reality is that the parties, particularly in personal injury claims, are enjoined in a fight. So, how might the Fairclough decision referee future legal fisticuffs?
How to Litigate and Win an RTA Case with an Allegation of Fraud - Andrew Mckie, Clerksroom
Insurance fraud is on the increase. This is a problem not only for insurance companies but for the Claimant Solicitors who represent Claimants, involved in these type of collisions, where a case has to be dropped due to an allegation of fraud or in the rare instance that a finding of fraud is made at Trial. This results in wasted costs for the Claimant’s Solicitor who has sometimes expedited considerable expense to progress the matter to Trial in both the fee earner’s time and disbursements that are unlikely to be recovered from the Claimant’s ATE insurer or the Claimant himself.
When Is an Accident Just an Accident? - Julie Carlisle, Henmans LLP
In a local paper in May, it was reported that a young boy was involved in an incident with a bus which ended with him being airlifted to hospital. The journalist used the word “accident” to describe the event. So far, so understandable. One reader however was so incensed that he was prompted to leave an online comment which read: “Accidents don’t just happen. Someone is to blame for this wee lad’s crushed foot”
Credit Hire Articles
Kevan and Ellis on Credit Hire, 4th Edition: Chapter Five - Enforceability Issues: The Consumer Credit Acts
The purpose of this chapter is to discuss the enforceability of credit hire agreements under the Consumer Credit Act 1974 as amended by the Consumer Credit Act 2006.
Medico-Legal Articles, Edited by Dr Hugh Koch
Post Traumatic Growth following Road Traffic Accidents - Hugh Koch, Rachael Tanner & Rhiain Morris
Clinicians and medico-legal experts alike assess individuals following life threatening road accidents for evidence of post-traumatic stress, anxiety and depression. These are typically time limited and recovery is accelerated by brief psychological and psychotropic intervention.
Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd
ADR Pledge for Business - Steve Hancox, ADR Group Accredited Civil & Commercial Mediator
Steve Hancox reports on a recent move to encourage local authorities and businesses to consider alternatives to court.
Review of Key Mediation Cases - Amelia Nice, 5 St Andrew's Hill
Mediation appears to be a growth area. This article reviews key cases concerning mediation. Subsequent articles will address current issues concerning mediation in the courts and development of government policy.
Marketing for Solicitors
Marketing your Practice: ASA News Update: Word Control Compliance - Jenny Cotton, Mortons Marketing
During the run up to and throughout the Olympics, all organisations were aware just how agreed symbols and words might or might not be used. Not all may have agreed with that legislation or had their support but it remained legislation.
AIDA: Your new best friend - Mike Massen, Gartons Solicitors
When you are writing copy whether it be for a webpage, brochure, press release or any other form of online or offline marketing you should always refer to AIDA.
Extras
Charon QC: Postcard from The Staterooms: A return to dystopian reality
BabyBarista: How to spot a bad barrister
Marketing your Practice: ASA News Update: Word Control Compliance - Jenny Cotton, Mortons Marketing
22/08/12. During the run up to and throughout the Olympics, all organisations were aware just how agreed symbols and words might or might not be used. Not all may have agreed with that legislation or had their support but it remained legislation.
ASA Advertising Standards Authority - updates are regular and timely reminders
“Free” are we sure our offer is truly free? Are organisations as truly Independent as they claim?
Free is always an attractive offer if truly meant but is this always the case? Checking is easy, freely and confidentially available from...
Image ©iStockphoto.com/Photoevent
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Review of Key Mediation Cases - Amelia Nice, 5 St Andrew's Hill
22/08/12. Mediation appears to be a growth area. This article reviews key cases concerning mediation. Subsequent articles will address current issues concerning mediation in the courts and development of government policy.
Mediation is the leading alternative method of dispute resolution. It is a process is one in which two or more people involved in a dispute voluntarily meet with a neutral third person to work out a solution to their problem. It is a confidential process, often fairly quick and cost effective. Depending on the type of case the success rate is 70-90% and there are a wider variety of settlement options than might be available through the courts. It can be used across many types of dispute including commercial, insurance, personal injury, employment and family.
In August 2011 the government signed a new Dispute Resolution Commitment requiring government departments...
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ADR Pledge for Business - Steve Hancox, ADR Group Accredited Civil & Commercial Mediator
21/08/12. Steve Hancox reports on a recent move to encourage local authorities and businesses to consider alternatives to court. The government’s ADR “Pledge”, originally made in 2001, was re-launched last year. Rebranded as the “Dispute Resolution Commitment, it “encourages government departments and their agencies to commit to using ADR techniques such as mediation before considering court or tribunal”.
Now the Ministry of Justice has created a working party of professional and business organisations (such as the Institute of Chartered Accountants in England and Wales (ICAEW), the CBI, the Civil Mediation Council, the British Chamber of Commerce and the Federation of Small Businesses) to create a similar dispute resolution commitment for Local Authorities and Businesses, encouraging them...
Image ©iStockphoto.com/onurdongel
Read more (PIBULJ subscribers only)...
![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)
