PI Brief Update

Credit Hire and Fundamental Dishonesty - Aidan Ellis, Temple Garden Chambers

29/04/20. For many years, the claimants in credit hire cases were habitually described by Judges as honest witnesses, perhaps confused about the detail of the contractual arrange...

Summary of Recent Cases, April 2020

15/04/20. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just sel...

Andrea Brown v Comissioner of Police of the Metropolis & Others [2019] EWCA Civ 1724: The Court of Appeal addressed the application of QOCS in 'mixed' claims - Ian Meikle, Civitas Law

07/04/20. AB had brought actions relating to allegedly wrongful use of personal data, claiming damages for personal injury, for breach of the Data Protection Act 1998 (“DPA”) and...

Summary of Recent Cases, March 2020

15/03/20. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just sel...

Personal injury solicitors urged to combat 'desperate' tactics of firms targeting success fee refunds in RTA claims...

12/03/20. 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 th...

Chaos surrounds launch of the consumer claims portal - Andrew Kay, Director of Operations, FIRST4LAWYERS

02/03/20. 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 o...

Supreme Court refuses MIB permission to appeal in landmark case establishing liability for accidents on private land

21/02/20. 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 ...

Surveillance Evidence: Trump Card or Joker? Grant v Newport City Council [2018] EWHC 3813 Ch - Vinesh Mistry, Barrister, DWF Advocacy Ltd

19//02/20. 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 monit...

Summary of Recent Cases, February 2020

15/02/20. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just sel...

Brain injury solicitors report greater cooperation from insurers - Bill Braithwaite QC, Exchange Chambers

14/02/20. New research by barristers Exchange Chambers and brain injury rehabilitation charity, Calvert Reconnections, has examined the effectiveness of the brain injury claims a...

Summary of Recent Cases, January 2020

15/01/20. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just sel...

Summary of Recent Cases, December 2019

15/12/19. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just sel...

Case Summary: S v K - Karen Cawood, Spencers Solicitors

10/12/19. Case Name: S v K, Accident Date: 04/11/2014, Settlement Date: 01/05/2019, TOTAL GROSS SETTLEMENT: £40,000.00

Background

The Claimant, a...

Costs: Court of Appeal judgment on recoverability of disbursements in ex-portal claims (CPR r.45 Section IIIA) - Simon Fisher, DWF

27/11/19. 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 cla...

FREE CHAPTER from 'A Practical Guide to Sepsis and Meningitis Claims' by Isaac Hogarth

26/11/19. Sepsis is a life-threatening complication of infection which requires rapid treatment and management. Untreated, it can lead to multi-organ failure and death. There are...

Recording appointments with medical experts: Is the evidence admissible? - Paul Sankey, Enable Law

19/11/19. In a recent case [1] Master Davison considered whether covert recordings of appointments with medical experts should be admitted as evidence. The recordings were obtained...

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

18/11/19. 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 accept...

Summary of Recent Cases, November 2019

15/11/19. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just sel...

PI firms ignoring clients who contact them after 5.30pm or via Facebook - Qamar Anwar, Managing Director, FIRST4LAWYERS

25/10/19. 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 o...

Case Summary: W v Burns - Kristy Price, Spencers Solicitors

23/10//19. 
Case Name
: 
W v Burns



Accident Date
: 
24/02/2017



Settlement Date
: 
30/04/2019



TOTAL GROSS SETTLEMENT
: 
£3955.80



Background



The Claimant ...

FREE CHAPTER from 'A Practical Guide to the Pre-Action RTA Claims Protocol for Personal Injury Lawyers' by Antonia Ford

23/04/20. The aim of this book is to provide a practical guide to all stages of the RTA Protocol to assist in the handling of pre-litigation claims and inform Practitioners of th...

PI Practitioner, April 2020

16/04/20. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

Case Summary: D v S - Karen Cawood, Spencers Solicitors Limited

13/04/20. Case Name: D v S
Court Name: LEEDS
Accident Date: 11/04/2015
Settlement Date: 24/05/2019
TOTAL GROSS SETTLEMENT: £100,000.00

Background

On the 11th April 2015 the Claimant wa...

Do not stand on ceremony, else time will become the Claimant’s enemy: Durkan -v- Schmidt - James Devenny, Horwich Farrelly

03/04/20. This case relates to an accident that occurred in 2011; the Claimant conducted the claim through the portal process, which at that point had an upper limit of £10,000. ...

Covid 19: How Should the Law React?

27/03/20. Dr. Mark Burgin BM BCh (oxon) MRCGP discusses reasonable adjustments to legal processes to allow compliance with Government Policy and Health and Safety.

Legal processe...

PI Practitioner, March 2020

16/03/20. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

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 direc...

The difficulties of contracting out of fixed costs - Andrew Roy, 12 King's Bench Walk

25/02/20. 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...

Does, and should, Legal Professional Privilege apply to PI Paralegal Lawyers? - Amanda Hamilton & Jane Robson, NALP

24/02/20 . 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 c...

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

20/02/20. 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 Solicit...

PI Practitioner, February 2020

16/02/20. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

PI Practitioner, January 2020

16/01/20. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

FREE CHAPTER from ‘A Practical Guide to the Law of Bullying and Harassment in the Workplace’ by Philip Hyland

08/01/20. 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 i...

Holiday Illness Fraud: pursuing committal proceedings against dishonest claimants - even if legal proceedings are not submitted by the claimant - Jared Mallinson, Horwich Farrelly

23/12/19. Jared Mallinson, Fraud Partner at Horwich Farrelly, looks at why the fight against fraudulent holiday illness claims is still as crucial as ever.

In recent years the tra...

FREE CHAPTER from ‘A Practical Guide to the Law of Driverless Cars – Second Edition’ by Alex Glassbrook, Emma Northey & Scarlett Milligan

20/12/19. With the increase in numbers of electric vehicles, automated driving systems are becoming widespread. The next phase of the evolution in road vehicles – towards fully-a...

PI Practitioner, December 2019

16/12/19. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

When the Ogden Tables just don't work - Malcolm Henke, Horwich Farrelly

10/12/19. Particularly during periods when low discount rates produce high multipliers, claimants will always seek to have their claims for future losses calculated on a multipli...

Credit Hire: Is it right to hire when the cost of a replacement taxi exceeds a claimant's profits? - Darren Mendel, Partner at Horwich Farrelly

04/12/19. 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

The recent case of Hus...

What Role Will PI Paralegals Play in the Future of the Legal Services Sector? - Amanda Hamilton, NALP

29/11/19. 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 t...

FREE CHAPTER from 'Ellis on Credit Hire - Sixth Edition' by Aidan Ellis

25/11/19. This is a free sample chapter from the new revised and updated Sixth Edition of the leading text book on credit hire litigation.

This latest release brings the pre...