PI Brief Update

Discount rate for personal injury claims increases in England but Scotland's hands are tied - Kate Donachie, Brodies LLP

30/07/19. 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 ...

Editorial: Handing Down Judgment - Aidan Ellis, Temple Garden Chambers

25/07/19. 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 progress...

Summary of Recent Cases, July 2019

15/07/19. 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...

McMahon v Rouse - Mary Kay, Spencers Solicitors

10/07/19. Case name: McMahon v Rouse. Court name: Nottingham. Accident date: 01/05/2017. Settlement date: 22/11/2018. Total gross settlement: £80,500.00.

Background

The Claimant wa...

Fixed recoverable costs are restricting smaller firms’ ability to offer services - Phil Sherwood, President of CILEx

28/06/19. 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 th...

Exploring the impact of personal injury on mental health - Tom Fitzgerald, Managing Director of National Accident Helpline

24/06/19. 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 at...

Summary of Recent Cases, June 2019

15/06/19. 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...

Inglis v MOD [2019] EWHC 1153(QB), Peter Marquand sitting as a Deputy High Court Judge - Robert O'Leary, Crown Office Chambers

11/06/19. In Inglis v Ministry of Defence, a former Royal Marine was awarded £545,766 for his noise-induced hearing loss and tinnitus.

Harry Steinberg QC and Robert O’Leary appear...

Diamond v Royal Devon and Exeter NHS Foundation Trust [2019] EWCA Civ 585, [2019] All ER (D) 53 (Apr) - Laura Johnson, 1 Chancery Lane

06/06/19. 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 ...

Advantages and Disadvantages of a Moderate Volume, High Location PI Medical Practice - Dr Mark Burgin

03/06/19. 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.

Personal i...

Sister A Griffin v L Naylor - Helen Reynolds, Spencers Solicitors

28/05/19. Quantum: (RTA, driver) right side rib fractures, bilateral haemothoraces, fracture right ilium of pelvis, vascular dissection left vertebral artery in the neck, right t...

RB v Radford - Helen Reynolds, Spencers Solicitors

20/05/19. Road traffic accident: laceration to forehead, whiplash, minor head injury, post-concussion syndrome. Settlement: 7th August 2018.

On 14th June 2016 the Claimant (aged 3...

Summary of Recent Cases, May 2019

15/05/19. 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...

The Impact of Costs Management on Detailed Assessment: The Rules in Practice - Joanne Chase, Clarion Solicitors

06/05/19. The Jackson reforms sought to control the cost of civil litigation. One mechanism of doing such was through the introduction of costs management. In the 2010 Review of ...

Editorial: Credit Hire Mock Trial - Aidan Ellis, Temple Garden Chambers

30/04/19. 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...

Mr S v Evans: Road traffic accident (bicycle) leg broken in 3 places - Karen Cawood, Spencers Solicitors

19/04/19. 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...

Summary of Recent Cases, April 2019

15/04/19. 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...

AI and Robots, in personal injury claims? - Tim Wallis, Trust Mediation

11/04/19. 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 [1...

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 especial...

Summary of Recent Cases, March 2019

15/03/19. 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...

Al-Zahra (PVT) Hospital & Ors v DDM [2019] EWCA Civ 1103 - Ian Meikle, Civitas Law

31/07/19. 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 cour...

How to beat the MIB's off-road vehicle defence - Alan Ball, Irwin Mitchell

26/07/19. 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, h...

Scanning the horizon (and other sea-faring clichés) - Jonathan Wheeler, Managing Partner, Bolt Burdon Kemp

17/07/19. 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 ...

PI Practitioner, July 2019

16/07/19. 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...

Heads Up: How is head injury treated in the world of sport? - Rujina Begum, Bolt Burdon Kemp

27/06/19. 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 injur...

Claimant solicitors predict closures and redundancies as a result of Civil Liability Act reforms - Qamar Anwar, First4Lawyers

21/06/19. 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 s...

PI Practitioner, June 2019

16/06/19. 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...

Allen v Brethertons LLP [2018] EWHC B15 (Costs) - Claire Green, Association of Costs Lawyers

12/06/19. 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...

Insurers trying to make fools of Government over whiplash savings - Phil Sherwood, President of CILEx

05/06/19. 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 cons...

Herbert v HH Law [2019] EWCA Civ 527] - Qamar Anwar, First4Lawyers

31/05/19. A recent Court of Appeal decision has left PI lawyers in no doubt about what they need to do before setting successes fees, but leaves a bad taste in the mouth, writes ...

The case for Regulation and Regulated Qualifications for Paralegals - Amanda Hamilton & Jane Robson, NALP

24/05/19. One of the most difficult issues to reconcile in the legal services sector is the extensive statutory regulation for solicitors, barristers and chartered legal executiv...

PI Practitioner, May 2019

16/05/19. 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...

FREE BOOK CHAPTER from 'A Practical Guide to the SRA Principles, Individual and Law Firm Codes of Conduct 2019 - What Every Law Firm Needs to Know' by Paul Bennett

Chapter Two - Legal Ethics: Back To the Future?

The language and underlying philosophy of legal regulation has, over recent decades, moved from an ethical starting point, from sa...

Relief from sanctions and the big picture: Roberts v Fresse & Anor. [2018] EWHC 3867 (QB) - Niall Maclean, 12 King's Bench Walk

01/05/19. In March 2014 on a road just outside Dover, Christopher Roberts was involved in a serious accident in which his car was impacted head-on by a vehicle driven by Pascal F...

Was LASPO Part 2 worth the bother? - Qamar Anwar, First4Lawyers

25/04/19. 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 def...

Fraudulent claims; are England and Scotland moving in different directions? - Kate Donachie, Brodies LLP

24/04/19. 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. ...

PI Practitioner, April 2019

16/04/19. 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...

Autonomous Vehicles May Be Motoring Towards the UK, but Who Is Liable if They Crash Along the Way? - Paul Fretwell, George Ide LLP

15/04/19. 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?...

FREE SAMPLE from 'A Practical Guide to Noise Induced Hearing Loss Claims' by Andrew Mckie, Ian Skeate, Gareth McAloon

08/04/19. 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 s...

ENRC v SFO: Privilege Rebuilt - Helen Simm, Browne Jacobson LLP

21/03/19. On Wednesday 6 September 2018, one of the most awaited court judgments in recent times was handed down by the Court of Appeal. The judgment impacts on any entity conduc...