PI Brief Update

Barrister-Direct’s RESOLVE service provides potential income boost to firms planning to close or abandon winnable files

24/07/18. Barrister-led law firm Barrister-Direct has launched a new service to provide law firms, credit hire agencies, medical agencies and ATE agencies with a complimentary se...

Summary of Recent Cases, July 2018

15/07/18. 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...

Nothing to fear: Kimathi & Ors v The Foreign and Commonwealth Office [2018] EWHC 1305 (QB) - Peter Wake, Weightmans LLP

12/07/18. In a useful decision on what does or does not constitute ‘personal injury’, the High Court has confirmed that fear alone is not a recognised personal injury and therefo...

Metal on Metal hips and the Consumer Protection Act 1987 (Part One) - James Bell, Hodge Jones & Allen

25/06/18. Metal on Metal hips (MoMs) were introduced by the four leading orthopaedic prosthetic companies to the hip prosthetic market on a wide scale in the early 2000s.

Stryker,...

CC (widow and dependant of JC (deceased)) v TD [2018] EWHC 1240 (QB) - Paul Sankey, Enable Law

18/06/18. A recent case raises the issue of how dependency under the Fatal Accidents Act 1976 is calculated when the parties had started but not completed divorce proceedings and...

Summary of Recent Cases, June 2018

15/06/18. 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...

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...

Admitting Primary Liability, Subject to Causation - Andrew Spencer, 1 Chancery Lane

11/06/18. On 23 February 2018, in Worrall v Thomas Cook, DJ Hassall determined the meaning of an admission in a holiday illness case. The Claimant sent a Letter of Claim alleging...

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...

Some Practical Aspects of Chronic Pain - Pankaj Madan, 12KBW & Exchange Chambers

27/04/18. What is Chronic Pain Disorder?

Pain is an unpleasant sensory and emotional experience associated with actual or potential tissue damage, or described in terms of such da...

Can a claim be made for becoming sensitised to an industrial chemical despite being asymptomatic? - Simon Anderson, Park Square Barristers, Leeds

20/04/18. Can a claimant found a claim for personal injury for having been sensitised to an industrial chemical through exposure to it, despite being asymptomatic? Yes, according...

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...

Editorial: Applications for Service of Claim Form - Aidan Ellis, Temple Garden Chambers

31/07/18. CPR 7.5(1) requires a claimant to serve his / her claim on the defendant within four calendar months of the date of issue of the claim form. Where claims are approachin...

Metal on Metal hips and the Consumer Protection Act 1987 (Part Two) - James Bell, Hodge Jones & Allen

27/07/18. The statistical data arguments

The recorded 10-year CRR for the Pinnacle Ultamet Prosthesis in the NJR is 13.98% - which more than double the CRR in the NJR for all exte...

No Advocacy, then no Advocate’s Fee in fixed Recoverable Costs Cases - Elaine Pitt, Keoghs

24/07/18. Jean Crawshaw v Alfred Dunhill Limited

County Court Sheffield, 16 November 2017 before District Judge Bellamy

Background

Whilst attending a golf tournament, the claimant t...

PI Practitioner, July 2018

16/07/18. 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...

When is a supplier not a supplier? The Court of Appeal decision in X v Kuoni (2018) - Jack Harding, 1 Chancery Lane

02/07/18. In X v Kuoni Travel Limited (2018) EWCA Civ 938 the Court of Appeal concluded that, for the purposes of Regulation 15 of the Package (Travel etc) Regulations 1992, the ...

Why Becoming a Paralegal Is the Best Way to Build a Career in Personal Injury Law - Amanda Hamilton, NALP

26/06/18. For law graduates looking to enter the personal injury sector, the only true viable pathway currently is to qualify as a paralegal. Why? There are several reasons.

First...

FREE BOOK SAMPLE from 'A Practical Guide to Wrongful Conception, Wrongful Birth and Wrongful Life Claims' by Rebecca Greenstreet

20/06/18. The law on recovery of damages in wrongful conception, wrongful birth and wrongful life cases has been treated as settled for some time following the cases of  McFa...

PI Practitioner, June 2018

16/06/18. 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...

Elite Sport and Stress at Work - Simon Trigger & Tim Ransley, 1 Chancery Lane

12/06/18. A few years back I pursued a claim on behalf of a lovely lady who was on the receiving end of the most consistent bullying I have seen. Her male dominated employer had ...

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...

It's a Fair Cop: Supreme Court Reviews Duty of Care (and a Foot Note on the Worboys Case) - Patrick West, St John's Chambers

19/04/18. Robinson v Chief Constable of West Yorkshire [2018] UKSC 4 SC (Lady Hale PSC, Lord Mance DPSC, Lord Reed JSC, Lord Hughes JSC, Lord Hodge JSC) 08/02/2018.

Everyone who h...

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 ...