PI Brief Update

Case Law Update: Choice of Law and Forum Shopping in Asbestos Litigation - Andrew Forsyth, Brodies LLP

29/03/18. An Opinion issued by Lord Tyre in the Court of Session this week provides that the applicable law for an asbestos related claim is the law of the country where the “inj...

Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80: Jurisdiction in Personal Injury Claims Which Occur in Countries Outside of the EU - Paul McClorry, Hudgell Solicitors

27/03/18. The Judgment in the recent decision (19th December 2017) of the Supreme Court in Four Seasons Holdings Incorporated v Brownlie ([2017] UKSC 80) ,is a must-read for a...

Be Warned: Your Advice May Require a Warning! - Martyn Griffiths, Hardwicke

26/03/18. When should a solicitor provide a warning to their client that the advice they are giving may not be correct? That question was addressed by the Court of Appeal in the ...

What Are The Top Tips For Successful Negotiation? - Justin Patten, Human Law

Described by one training organisation as the “skill that transcends all others”, negotiation, once mastered can help you achieve improved results in many different business and...

When Can a Claimant Recover the Costs of Attending an Inquest? - Malcolm Henke, Horwich Farrelly

22/03/18. It is understandable that solicitors involved in making civil claims want to be paid for the work they undertake. However, there are two hurdles to be negotiated on the...

Section 7 of the Health and Safety at Work etc Act: A Practitioner's Overview - Laura Howarde, Weightmans LLP

22/03/18. With the focus mainly on sections 2 and 3 of the Health and Safety at Work etc. Act 1974, that concern an employer’s duties to their employees and those not in their e...

FREE BOOK CHAPTER: The Importance Of Branding in Law (From 'A Practical Guide to Marketing for Lawyers: 2nd Edition' by Catherine Bailey & Jennet Ingram)

22/03/18. Used to give products and services a unique identity or personality, a brand enables organisations to differentiate themselves from the competition. An additional benef...

Asbestos and Minimal Risk: Is There a Threshold? - Patrick West, St John's Chambers

20/03/18 . Veronica Bussey (Widow & Executrix of the Estate of David Edwin Anthony Bussey) v 00654701 Ltd (Formerly Anglia Heating Ltd) [2018] EWCA Civ 243 CA (Civ Div) (Jack...

Summary of Recent Cases, March 2018

15/03/18. 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...

Res Ipsa Loquitur In Clinical Negligence - Aneurin Maloney, Hardwicke

01/03/18. The maxim res ipsa loquitur or ‘the thing speaks for itself’, is a long-standing rule of evidence more commonly utilised in other areas of personal injury law. In a PI ...

Editorial: Budget Discussion Reports - Aidan Ellis, Temple Garden Chambers

28/02/18. I have recently had a number of costs and case management hearings in which the late filing of a budget discussion report by one party or the other, or a failure to eng...

FREE BOOK CHAPTER: Introduction to the Jackson Report 2017 and CMC Regulation: A Summary of the Changes

2018/2019 is going to be a huge year for the Personal Injury world (yet again)! Changes are aloft in all different areas of Regulation. A ban on cold calling for claims companie...

Ivor Cook v Swansea City Council 2017 - Joanne Pruden, Browne Jaconson LLP

20/02/18. In the case of Ivor Cook v Swansea City Council 2017 the Claimant slipped on ice in an unmanned car park owned and operated by a Local Authority which had not been grit...

Summary of Recent Cases, February 2018

15/02/18. 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...

Driverless Cars, Artificial Intelligence… What Next? Online Dispute Resolution for Compensation Claims? - Tim Wallis, Trust Mediation

29/01/18. Question: Will online dispute resolution (ODR) make any headway with high volume - lower value compensation claims? The sceptic would say no, on the basis that many inv...

Defective Pavement Trip Leads to £6m Compensation - Daniel Slade, Express Solicitors

01/02/18. The Claimant, Mr A, was involved in accident on 22nd February 2008 when he tripped and fell on a defective pavement whilst walking from his parent’s house to visit his ...

Competition Heats Up in Personal Injury as Firms Look to Survive Upcoming Government Reforms - Qamar Anwar, First4Lawyers

31/01/18. It goes without saying that the years of disruption in personal injury (PI) practice looks set to continue unabated – though the appointment of yet another new Lord Cha...

Contribution and Apportionment: Unruly Horses? - Charles Feeny & Sam Irving, Complete Counsel

25/01/18. "Public policy is a very unruly horse, and when once you get astride, you never know where it will carry you." These oft repeated words were those of Borough J in Richar...

A Doctor's Duty to Advise: Raul Guiu Gallardo v Imperial College Healthcare NHS Trust - Paul Sankey, Enable Law

23/01/18. Raul Guiu Gallardo v Imperial College Healthcare NHS Trust – The Supreme Court in Montgomery v Lanarkshire Health Board redefined a doctor's duty in advising ...

Summary of Recent Cases, January 2018

15/01/18. 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...

Retainers and Busy Practitioners: The Case of Alina Budana v The Leeds Teaching Hospitals NHS Trust and The Law Society (as Intervener) - Amanda Stevens, Hudgell Solicitors

28/03/18.  There is finally light at the end of the tunnel for the many firms who have attempted to transfer books of work out of their practice, to another, whilst seeking ...

Claims Management Companies, Consent to Marketing & FCA Regulation - Paul Bennett, Aaron & Partners LLP

23/03/18. In early 2019, the Financial Conduct Authority will take over from the Claims Management Regulator in terms of the supervision of Claims Management Companies (CMC’s) au...

Four Seasons v Brownlie: Jurisdiction - Ian Peters, Anthony Gold

24/03/18. The Supreme Court handed down its Judgment on the case Four Season Holding Incorporated v Brownlie on 19 December 2017. This long running case concerns a tragic road traf...

Court Rulings Provide Further Guidance on Proportionality and Fundamental Dishonesty - Ieuan Jones, Ashfords

23/03/18.  There have been two recent costs decisions in two areas of litigation that have been subject to much controversy since the recent rule changes.

Proportionality

Firs...

PI Practitioner, March 2018

16/03/18. 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...

Discounting Your Chickens: Resiling From a Settlement Due to a Change in Discount Rate - Lauren Seager, Queen Square Chambers

09/03/18. A year on from the change in discount rate and it is still a topical discussion. It had immediate implications for many claims but it became clear in October 2017 that ...

The Appeal Case of The Department for Communities and Local Government v Blackmore - David Roderick, Farrar's Building

02/03/18. The appeal case of The Department for Communities and Local Government v Blackmore  [2017] EWCA Civ 1136 (“ Blackmore ”) is an important restatement of the principles ...

Serving Food That Might Cause Adverse Reactions - Gabrielle Broomhead, Ashfords LLP

23/02/18. It is important for anyone serving food to the public to know what the food contains as some ingredients can cause adverse reactions. This may be because a customer is ...

Divisibility of Psychiatric Injury - Charley Turton, 12 King's Bench Walk

22/02/18. The vexed question of the divisibility of psychiatric injury has recently been revisited by the Court of Appeal in BAE Systems (Operations) Ltd v M Konczak [2017] EWCA Ci...

Case Comment on Hassell v Hillingdon Hospitals NHS Foundation Trust [2018] EWHC 164 (QB) - Lucile Taylor

19/02/18. Facts: The claim arose out of the C5/6 decompression and disc replacement operation performed by the Defendant, a spinal orthopaedic surgeon, on the Claimant, who ...

Valid Consent: The Role of the Medical Expert - Paul Sankey, Enable Law

09/02/18. What is the medical expert's role in reporting on consent to treatment? With the change in the law following Montgomery v Lanarkshire Health Board in 2015 that role has...

Mrs Rhonda Stewart (New Rohonda White) v Lewisham and Greenwhich NHS Trust [2017] EWCA Civ 2091 - Andrew Wilson, Park Square Barristers

05/02/18. In a case where the claimant alleges breaches of an employer’s duties under the Management of Health and Safety at Work Regulations 1999, of the Manual Handling Regulat...

High Court Decision Will Affect All London Pedestrians and Bus Drivers - Daniel Slade, Express Solicitors

02/02/18. A case run by Manchester-based personal injury law firm Express Solicitors, which on 7 December 2017, saw the High Court hand down an important decision that will affec...

Mind the Gap: Perversity as a Point of Appeal, an Insurmountable Chasm? - Liam Ryan, 7 Bedford Row

30/01/18. Any appeal against a County Court decision on the grounds of perversity is always going to be complex and difficult. From an Appellants point of view there will no dou...

Fixed Recoverable Costs: No Advocacy, No Fee! - Chris Boxall, Park Square Barristers

28/01/18. Christopher Boxall discusses the first instance decision in Crawshaw v Alfred Dunhill Limited (County Court Sheffield, 16.11.2017 before District Judge Bellamy).

Facts

Th...

Withdrawing Admissions: Wood v Days Healthcare UK Limited [2017] EWCA Civ 2097 - Shaun Ferris, Crown Office Chambers

26/01/18. The Court of Appeal has considered the position where a defendant (D1), presented with a claim that is said to be of low value, admits liability but is later confronted...

Counterintuitive or Commonsensical? Case Comment on Meadows v Khan [2017] EWHC 2990 (QB) - Lucile Taylor

24/01/18. The question posed by Meadows v Khan [2017] EWHC 2990 (QB) was whether a mother who consults a doctor with a view to avoiding the birth of a child with a particular disab...

PI Practitioner, January 2018

16/01/18. 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, December 2017

16/12/17. 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...

Community Neurorehabilitation for Traumatic Brain Injury - Daniel Friedland, Consultant Clinical Neuropsychologist

13/12/17. The total incidence of traumatic brain injury (TBI) in the general population in the UK is estimated at 229 per 100,000. 1 Moderate to severe traumatic brain injury acc...