PI Brief Update

Multiple Jeopardy in Medicine 2018 - Dr Mark Burgin

15/06/18. Dr. Mark Burgin BM BCh (oxon) MRCGP discusses how overlapping regulatory systems are creating a perverse incentive on the quality of medical care.

Medical care is regula...

Why it’s important to #RepairTheRightBody - Qamar Anwar, First4Lawyers

29/05/18. We recently launched a campaign called #RepairTheRightBody which urges the PI community to take action against the Civil Liability Bill.

At the centre of the campaign is ‘...

Running The Risk: Hannah Pook v Rossall School [2018] EWHC 522 (QB) - Colin Richmond, Zenith Chambers

28/05/18. When I was young, running in the corridor at school was essentially considered a capital offence, particularly if committed whilst carrying scissors.

For the modern stud...

Springer v University Hospitals of Leicester NHS Trust - Alexander Hutton QC

17/05/18. This case was concerned with the requirements (and the consequences of not complying with such requirements) to notify another party pre-action that a client has “addit...

Summary of Recent Cases, May 2018

15/05/18. 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...

Dryden and Others v Johnson Matthey PLC [2018] UKSC 18 - Andrew Horner, Pupil Barrister, Trinity Chambers

01/05/18. The Supreme Court recently handed down judgment in Dryden and Others v Johnson Matthew plc. The judgment addressed the correct interpretation of “damage” in the context...

Countdown to GDPR - Aidan Ellis, Temple Garden Chambers

30/04/18. There is no doubting the hot topic this Spring. In all of my last visits to Court, the conversation in the robing room has turned at some stage to issues surrounding co...

Summary of Recent Cases, April 2018

15/04/18. 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...

Does 'fundamental dishonesty' need to be explicitly pleaded and/or put to a claimant in cross-examination? - Max Wilson, 1 Chancery Lane

04/04/18. These questions have been answered in the recent Court of Appeal decision, Lorna Howlett & Justin Howlett v Penelope Davies & Ageas Insurance Limited [2017] EWCA...

Incurred Costs: A Fixed or Moveable Feast? - Marc Banyard, John M Hayes

02/04/18. In this article technical Costs Specialist Marc Banyard explores the thorny issue of the treatment of costs incurred between the date of an initial costs budget and the...

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 ...

FREE BOOK CHAPTER: Fixed Recoverable Costs, Portal Costs and Potential Routes Out of Fixed Costs and the Portal in Highways and Slipping/Tripping Claims - Andrew Mckie, Clerksroom

07/06/18. A free chapter from the fully updated 2018 edition of 'Occupiers, Highways and Defective Premises Claims: A Practical Guide Post-Jackson' by Andrew Mckie.

The first chap...

Editorial: Practical Guidance on Proving Whiplash Injuries - Aidan Ellis, Temple Garden Chambers

31/05/18. Although the problems associated with determining potentially fraudulent or exaggerated whiplash claims are well known, since such cases depend heavily on the facts and...

FREE BOOK CHAPTER: Noise Induced Hearing Loss Claims – from ‘A Practical Guide to Disease and Illness Claims’ by Andrew Mckie

30/05/18. The Small Claims Track change for personal injury cases is likely to come into effect in October 2018. This book looks at other areas personal injury practitioners have...

The benefits of giving the paralegals in your firm formal recognition - Amanda Hamilton, NALP

21/05/18. Do you have Paralegals working in your firm? Are they being recognised? It can be tempting not to give Paralegals the recognition they deserve, particularly if it appea...

Striking Whilst the QOCS is Hot - Andrew Roy, 12 King's Bench Walk

18/05/18. In XY v (1) Ingenious Media Holdings Limited (2) Ingenious Media Limited [2018] EWHC 350 (QB) HHJ Walden-Smith, sitting as a Judge of the High Court, dismissed an appeal ...

PI Practitioner, May 2018

16/05/18. 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...

Caparo Revisited - Paul Jarvis, 6KBW College Hill

14/05/18. In Robinson v Chief Constable of West Yorkshire Police [2015] EWCA Civ 15; [2014] PIQR P14), a case that concerned an action in negligence brought by a woman who was inju...

PI Practitioner, April 2018

16/04/18. 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...

Part 36 v Part 45: Which is Winning Round 2? - Ella Davis,1 Chancery Lane

06/04/18. The cost consequences on judgment of a Claimant beating a Part 36 offer in a fixed recoverable cost case have been tolerably clear since the Court of Appeal’s decision ...

CFA Assignment: The End of the Yellow Brick Road? - Christopher McClure, John M Hayes

03/04/18. By way of recital from our first article in this series on CFA assignment, the reader will recall that Budana v The Leeds Teaching Hospitals NHS Trust concerns, in brief, t...

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 ...