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PI Brief Update Law Journal (PIBULJ.com) was formerly accredited by the Solicitors Regulation Authority and the Bar Standards Board. Both of those accreditation schemes have now closed, however it is still possible to obtain CPD by reading our articles. See below for further details.
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Since 1st November 2016 all solicitors must now use the SRA's 'new approach to continuing competence' CPD regime. Under this system PIBULJ articles are a great way to help address your learning and development needs. Please see the SRA's full explanation of the new system here . There is no longer a requirement to obtain 25% of CPD face-to-face, so the entire 16 hours can be potentially be obtained online via PIBULJ.com.
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Since 1st January 2017 the Bar Standards Board's CPD Accreditation Scheme has closed. Under the new system barristers have increased flexibility and no fixed number of hours to complete. PIBULJ articles are a great way to help meet your learning objectives. Please read full details of the new BSB system here.
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July 2012 Summary
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Summary of Recent Cases - Substantive Law
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PI Practitioner
LAW JOURNAL
Editorial: The Limits of Vicarious Liability - Aidan Ellis, Temple Garden Chambers
Any first year law student could recite that a Defendant may be vicariously liable for torts committed by another if (1) there is a relationship of employer / employee between the Defendant and the tortfeasor and (2) the tort was committed in the course of the tortfeasor’s employment. Much of the colourful caselaw focuses on the second issue and on whether certain acts were a frolic of the employee’s own. In JGE v the Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 918, the Court of Appeal had to address the limits of the first issue: can vicarious liability apply outside a traditional employment relationship.
Personal Injury Articles
Liability of Schools for Extra-Curricular Activities - Tim Kevan
After Mountford, is the tide now receding on schools liability as they are held not responsible for accidents both on Dartmoor and a golf course?
Striking Out Fraudulent Claims at the End of a Trial: The Supreme Court decision in Fairclough Homes Ltd v Summers - Aidan Ellis, Temple Garden Chambers
The increase in the number of fraudulent or dishonestly exaggerated claims has prompted calls from Defendants for the Court to strike out such claims after the end of a trial, including in situations where only part of the claim is dishonest.
MoJ Stage Defaults and Preparation for Stage 3 Hearings - Andrew Mckie, Clerksroom
The protocol for Low Value Personal Injury Claims in Road Traffic Accidents applies to personal injury claims arising out of Road Traffic Claims in England and Wales, on or after 30 April 2010. It applies where the value of the claim is between £1,000 and £10,000. The value of the claim, is based upon the level of general and special damages, but excludes damage to vehicles and credit hire costs. Small claims worth less than £1000 and employers liability or public liability claims fall outside the protocol, as do claims involving complicating factors such as the death of a party or a protected party or a bankrupt claimant.
No Win, No Fee, No Longer? - Julie Carlisle, Henmans LLP
What do we mean when we speak of “No Win, No Fee” agreements for the provision of legal services? It is easy to ask for. You have a problem, you call a solicitor, and you say “I don’t want to have to pay anything for your services; I want you to act for me free of charge. Can you offer me a No win, No Fee?”
Time for Law Commission to Tackle Third Party Insurance Fraud - Laurence Besemer, CEO, FOIL
Imagine that the Clapham omnibus takes a wrong turn and passes along Harley Street (or any one of the many other addresses of medico legal experts in London). The passenger sees a man walk around the corner and cast his crutches aside. The wonders of modern medicine? In fact, more likely, an example of third party insurance fraud, a claimant grossly exaggerating his personal injury claim.
Credit Hire Articles
Kevan and Ellis on Credit Hire, 4th Edition: Chapter Four - Introduction to Enforceability
The next chapters are devoted to the vexed question of whether a particular credit hire agreement is enforceable in the light of various statutory and common law issues, which in particular dictate the form of consumer credit agreements.
Credit Hire and Storage Claims - Fraud and Credibility Concerns - Andrew Mckie, Clerksroom
Credit hire and storage claims are proving some of the most difficult matters for Courts to adjudicate upon. With credit hire and storage fraud on the increase, Claimant and Defendant firms must be alive to this type of fraud and how to spot it. A poorly investigated or prepared hire or storage claim, can cause the Claimant enormous difficulties at Trial or Disposal. This article looks at some of the most common ‘concerns’ with hire and storage claims and how to tackle them.
PI Travel Law, Edited by Katherine Deal, 3 Hare Court
Victims of Terrorism Overseas Put at Par with Victims of Domestic Terrorism - Therese Wallin
The territorial aspect of jurisdiction can have the unintended consequence of leaving victims stranded in a loophole, without compensation. This has very much been the case for those who survived an act of terrorism whilst overseas. Until now, they have not been able to claim financial compensation from the UK, whilst victims of domestic terrorism have.
Medico-Legal Articles, Edited by Dr Hugh Koch
“I’ll Go Back to Work When I Feel Better”: Work as Therapy for Post-Trauma Depression - Dr David Bird & Nicole Hampton
The authors have discerned a pattern in post-trauma victims in that those that remain off work for long periods of time appear to take longer to recover from traumatically-induced psychological problems, and in particular mood disturbance. They also find the psychological symptoms more distressing and debilitating than do people who return to work quickly. This appears to be true irrespective of the reason that the person does not attend work e.g. incapacitated by injury, not in employment or education.
Assessment of Cognitive Impairment Following Road Traffic Accidents - Dr Karen Addy, Clinical Psychologist
Road traffic accidents are a major cause of traumatic brain injury with estimates suggesting 25% of all traumatic brain injuries are sustained in this manner (Westerberg, 2002). However not all road traffic accidents lead to traumatic brain injuries and cognitive impairment following a road traffic accident can be associated with psychological factors such as depression, sleep disturbance, chronic pain etc. In order to assess if a traumatic brain injury is likely a number of medical factors are assessed including...
Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd
Ten Pointers for a First Mediation - Tim Wallis, Trust Mediation Ltd
Attending a mediation is, for many pi practitioners, a new experience, or at least an occasional one. Here are ten pieces of advice that an experienced litigator, who was also experienced at mediation, might give to a litigator attending his or her first mediation.
Extras
Charon QC: The criminal justice system in England & Wales is under siege
BabyBarista: Dirty tricks at court
Victims of Terrorism Overseas Put at Par with Victims of Domestic Terrorism - Therese Wallin
23/07/12. The territorial aspect of jurisdiction can have the unintended consequence of leaving victims stranded in a loophole, without compensation. This has very much been the case for those who survived an act of terrorism whilst overseas. Until now, they have not been able to claim financial compensation from the UK, whilst victims of domestic terrorism have.
Instead, survivors of terrorism overseas have had few available routes at their disposal for claiming financial compensation for the injuries they sustained, be they physical or psychological. Although insurance might have been an option, they commonly fail to provide payouts for injuries incurred during acts of terrorism. This has left survivors claiming financial compensation either from the state where it took place or from...
Image ©iStockphoto.com/Antonprado
Read more (PIBULJ subscribers only)...
Editorial: The Limits of Vicarious Liability - Aidan Ellis, Temple Garden Chambers
20/07/12. Any first year law student could recite that a Defendant may be vicariously liable for torts committed by another if (1) there is a relationship of employer / employee between the Defendant and the tortfeasor and (2) the tort was committed in the course of the tortfeasor’s employment. Much of the colourful caselaw focuses on the second issue and on whether certain acts were a frolic of the employee’s own. In JGE v the Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 918, the Court of Appeal had to address the limits of the first issue: can vicarious liability apply outside a traditional employment relationship.
The case was one, sadly, of a substantial number of cases in which the Claimants allege that they were the victims of sexual abuse by a priest. In order to establish liability against the Roman Catholic Church rather than simply the individual priest, the Claimant relied on vicarious liability. But a parish priest is not an employee of the Church. The reason is that when a Bishop appoints an individual to the office of parish priest, neither...
Image cc flickr.com/photos/47042618@N06/
Read more (PIBULJ subscribers only)...
Time for Law Commission to Tackle Third Party Insurance Fraud - Laurence Besemer, CEO, FOIL
19/07/12. Imagine that the Clapham omnibus takes a wrong turn and passes along Harley Street (or any one of the many other addresses of medico legal experts in London). The passenger sees a man walk around the corner and cast his crutches aside. The wonders of modern medicine? In fact, more likely, an example of third party insurance fraud, a claimant grossly exaggerating his personal injury claim.
In the recent case of Fairclough Homes Ltd v Summers the Supreme Court held that, although the court does have the power to strike out a fraudulently exaggerated claim in its totality, it is to be used only in exceptional circumstances. In Fairclough the clamant exaggerated his claim almost ten-fold, seeking to turn a claim worth £88,000 into one worth £838,600, a situation deemed not...
Image ©iStockphoto.com/DNY59
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)
