PI Brief Update

Claimant Loses QOCS Protection Following Discontinuance of NIHL Claim - Sarah Stutchfield, DWF

30/09/16. It is not uncommon for noise induced hearing loss claims to be issued without medical evidence and we have on a number of occasions successfully applied to have claims ...

Failure to Comply Leads to Dismissal of £60,000 Hire Claim - Mark Holmes, DWF

29/09/16. The Claimant’s failure to obtain relief from sanctions after he had failed to comply with an order to give disclosure and serve witness evidence meant that his claim wa...

Broadhurst v Tan - Patrick McCarthy, Horwich Farrelly

23/09/16. Claimant lawyers across the land rejoiced earlier this year following the Court of Appeal judgment in Broadhurst v Tan (2016) which ruled that assessed costs, rather than...

Fatal Accident Dependency and Cultural Expectations: the Reported Cases - Gordon Exall, Zenith Chambers & Hardwicke

19/09/16. A number of recent cases I have been involved in have highlighted the need for care when dealing with claimants who have specific cultural expectations as to dependency...

'Another Twist in the Yellow Brick Road: Questions and Answers on the Assignment of CFAs Following Azim v Tradewise Limited [2016] EWHC B20 (Costs)' - Christopher McClure, John M Hayes

12/09/16. Christopher McClure, Regional Manager at the Manchester office of The John M Hayes Partnership, discusses in question and answer format the implications of the decision...

PI Claim by Tenant: SC Overules CA and Dowding & Reynolds - Ian Miller, 1 Chancery Lane

05/09/16. For years tenants have relied upon Brown v Liverpool Corporation [1969] 3 All ER 1345 when suing landlords for damages for personal injury caused by an accident on extern...

Editorial: Should Claims Be Struck Out for Errors in Completing the CNF? - Aidan Ellis, Temple Garden Chambers

02/09/16. We all know that low value road traffic, employer’s liability and public liability claims should be initiated by completing the relevant Claims Notification Form. But w...

FREE BOOK CHAPTER: Low Velocity Impacts: An Update 2016 (Chapter One from 'RTA Allegations of Fraud in a Post-Jackson Era: The Handbook, 2nd Edition' by Andrew Mckie & Ian Skeate)

What is a Low Velocity Impact ?

A low velocity impact is commonly defined as a road traffic collision where it is alleged by the Defendant’s insurer that the impact is unlikely to...

Dust-Clouds and Dustbins: Should There Be a Regularity Requirement for Dust Exposure When Defining ‘Substantial’ Under Section 63 (1) Factories Act 1961? - Charles Feeny & Sammy Nanneh, Contributing Editors at Pro-Vide Law

26/08/16. In cases where an employee is exposed to asbestos, a claim may be brought under the common law as well as pursuant to duties owed by the employer under various regulati...

Fixed Recoverable Costs-Settling at the Court Door - Jasmine Murphy, Hardwicke

24/08/16. The case of Dos Santos Medes v Hochtief (UK) Constructions Ltd dealt with the issue of fixed recoverable costs (FRC) under the Civil Procedures Rules (CPR) in a claim bro...

Inadequate Bundles: A Costly Mistake - Ian Miller, 1 Chancery Lane

19/08/16. The July edition of Civil Procedure News reports a case in which a claimant's bundles were inadequate, two applications were adjourned and the claimant was ordered to p...

What May Explain Persistent Symptoms Following a Mild Head Injury? - Dr Linda Monaci, Consultant Clinical Neuropsychologist and Chartered Clinical Psychologist

17/08/16. A road traffic accident or other traumatic event which involves a head injury may cause a brain injury, which can cause cognitive, emotional and physical symptoms. The ...

Summary of Recent Cases, August 2016

15/08/16. 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...

Inquests and Fatal Accidents - Rose Gibson, Simpson Millar LLP

08/08/16. I have been a fatal accident practitioner for the last 10 years now. I have been qualified as a personal injury solicitor for the last 19 years, which means that in ter...

The EU Divided, but Not as We Know It - Jack Harding, 1 Chancery Lane

05/08/16. The events of past weeks have brought into sharp focus the seemingly different attitudes held by a majority of the UK population compared to other EU member states. The...

Editorial: Brexit and Personal Injury Litigation - Aidan Ellis, Temple Garden Chambers

28/07/16. Unlike most daily newspapers, some professional publications like the British Medical Journal or even various employers, PIBULJ avoided expressing a view on the referen...

Summary of Recent Cases, July 2016

15/07/16. 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...

Mitsui Sumitomo Insurance Co (Europe) Ltd v Mayor's Office for Policing and Crime [2016] UKSC 18 - Caroline Kane, BLM

12/07/16. A recent ruling by the Supreme Court has finally settled the argument as to whether claims for consequential damages are permissible for losses incurred as the result o...

Wrongful Birth and Wrongful Conception: The Rights of the Father - Rebecca Jones, Hardwicke

11/07/16. The law on recovery for damages in wrongful birth and wrongful conception cases has been settled for some time; since the cases of McFarlane v Tayside Board of Health [20...

How to Document a Biopsychosocial Assessment in Personal Injury 2016 - Dr Mark Burgin

04/07/16. Dr. Mark Burgin BM BCh (oxon) MRCGP explains how generalist experts document psychological injuries.

In this article I will explain how to rigorously document a biopsych...

Contempt of Court: A Strong Message to the Opportunistic Fraudster - Caroline Sanders, DWF

30/09/16. A personal injury claimant who alleged his wrist injury had been caused by a trip on a raised kerbstone, has been found in contempt of court in respect of his personal ...

Carder v The University of Exeter - Aliyah Akram, 12 King's Bench Walk

26/09/16. The Court of Appeal decided that a defendant was liable to compensate a claimant for a 2.3% contribution to his asbestosis in Carder v The University of Exeter [2016] EWC...

How to Assess Medical Records for Validity of Consent - Dr Mark Burgin

21/09/16. Dr. Mark Burgin BM BCh (oxon) MRCGP explains how generalist experts can find evidence of the consent process in medical records.

The law on consent is moving faster than...

Driver Who Supported Phantom Passengers Loses His Claim Under Section 57 - Daniel Holbrook, DWF

29/09/16. A claimant who was awarded his claim for vehicle damage following a road accident, subsequently had his claim dismissed in accordance with Section 57 of the Criminal Ju...

Today’s News From the MoJ of Their Future Vision Offers Pointers for Insurers Towards the Swifter and Cheaper Handling of Claims - Simon Denyer, DWF

15/09/16. We have been waiting for news from the new ministerial team at the Ministry of Justice since their appointment in July on the various issues in their in-tray. News of t...

Getting Your Hands on an Undisclosed Expert Report and More - Ian Miller, 1 Chancery Lane

13/09/16. When the other side wants to change expert are you entitled to their original expert’s reports and other documentation containing the substance of the expert’s opinion?...

What Price Parenthood? - Chris Thorne, Clarke Willmott LLP

31/08/16. Chris Thorne, Partner at Clarke Willmott with a special interest in infertility and IVF issues, explores the shortcomings in the law relating to the inability to have ...

North of the Border: The Compulsory Pre-Action Protocol, Arriving 28 November 2016 - Gemma Nicholson & Peter Demick, Brodies LLP

30/08/16. Civil courts reform, arising from the Gill Review, has brought substantial change to the way in which personal injury (PI) litigation is conducted in Scotland. As our c...

QOCS: The Strike Out and Fundamental Dishonesty Exceptions in Action - Rebecca Jones, Hardwicke

25/08/16. There are still relatively few findings of fundamental dishonesty being made by Courts. Despite the fact that this is obviously an important exception to the QOCS regim...

The Law Relating to Fatal Accidents: An Introduction - Gordon Exall, Zenith Chambers & Hardwicke

23/08/16. When a person is killed a claim can be brought on behalf of his estate or on behalf of their dependants. The person or persons who bring the action are called the “clai...

Key Issues Which Arise in Cycling Claims - Kate Sweeney, Stephensons Solicitors LLP

18/08/16. As someone who 12 months ago started cycling a daily 9 km commute to work (and back) in an effort to improve fitness and avoid traffic congestion, I have experienced fi...

PI Practitioner, August 2016

16/08/16. 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...

Assessing the Cost of ATE Premiums - Thomas Crockett, 1 Chancery Lane

10/08/16. If anyone needs a reminded why the costs landscape for personal injury litigators has changed so dramatically they may not need look much further than the judgment of t...

Fighting Fraud - Ian Miller, 1 Chancery Lane

02/08/16. Judgment in the case of Da Costa v Sargaco [2016] EWCA Civ 764 was handed down last week and represents the latest round of the struggle between claimants bringing claims...

Reforming the Courts' Approach to Mckenzie Friends - Kurt Rowe, Head of the CPR & Protocols Sector Focus Team at FOIL

27/07/16. The recent conclusion of the Judicial Executive Board’s consultation on Reforming the Courts’ Approach to McKenzie Friends has put the spotlight firmly on the role of t...

Claimant Firms Must Prepare for the Long Haul - Matthew Gwynne, SpectraLegal

22/07/16. The obstructive tactics employed by many defendants will be well known to claimant clinical negligence lawyers. They can range from the sublime to the ridiculous: Ignor...

Director's Personal Liability for Employers’ Liability Insurance: Scotland and England Aligned - Robert Cranston & Fiona Beal, Brodies LLP

18/07/16. Readers may remember our report on a previous Scottish court decision that resulted in Scotland diverging from England on whether a director can be personally liable for ...

PI Practitioner, July 2016

16/07/16. 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...

Dunhill v W Brook & Co and Crossley: Professional Negligence Claim Against Counsel and Solicitors - David Green, Pupil, 12 King's Bench Walk

Ms Dunhill received a head injury in a road traffic accident in June 1999. She was represented by the First Defendant solicitors throughout: Mr Brooks was the file handler, and ...

'In Time' Application for Time Extension Refused & No Relief From Sanctions: Six-Figure Claim Lost (Krasniqi v Watford Timber Co. Ltd) - Charles Bagot, Hardwicke

14/07/16. Krasniqi v Watford Timber Company Limited (2016) 13 April, CLCC DJ Parfitt, as yet unreported [ Refer to the judgment ]. This is an example of a case in which the Cou...