PI Brief Update

Summary of Recent Cases, October 2020

15/10/20. 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...

FREE CHAPTER from ‘A Practical Guide to Clinical Negligence – 2nd Edition’ by Geoffrey Simpson-Scott

09/10/20. Modern clinical negligence litigation remains complex. It requires the detailed and accurate assessment of the case; an understanding of many different areas of medicin...

Clinical Consent: Where Are We Now? - Ruwena Khan, Park Square Barristers

1. 30/09/20. Clinical negligence litigation continues apace; the doctor-patient relationship ever-evolving, medical professional guidance adapting and incremental changes to the c...

The White Book must not be thrown out of the window! - Mark James, Temple Garden Chambers

23/09/20. Nearly 600,000 personal injury cases valued at less than £25,000 are commenced in the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (...

Summary of Recent Cases, September 2020

21/09/20. 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...

Section 33 of the Limitation Act 1980; Credibility and Prejudice - Andrew Roy & Nina Ross,12 King's Bench Walk

26/08/20. Under s.33 Limitation Act 1980, the court may disapply the limitation period in a personal injury claim if it is equitable to do so having regard to the prejudice to th...

Summary of Recent Cases, August 2020

15/08/20. 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...

Vicarious liability comes to a sudden stop - Sam Way, Devereux Chambers

20/07/20. A return to principle over policy in WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank plc v Various Claimants [2020] UKSC 13

Introduction

In...

Summary of Recent Cases, July 2020

15/07/20. 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...

QOCS and Set-Off: Court of Appeal finds for defendant but gives permission to appeal to the Supreme Court - Andrew Roy,12 King's Bench Walk

12/07/20. In Ho v Adelekun (No. 2) 2020] EWCA Civ 517 the Court of Appeal confirmed that the QOCS regime did not preclude a defendant from setting off his or her costs against a cl...

High Court denies relief from sanctions - Louise Jackson, Browne Jacobson

20/06/20. In the recent case of  Magee v Willmott the Defendant successfully appealed a lower court decision to allow the Claimant relief from sanctions to rely upon expert ev...

Summary of Recent Cases, June 2020

15/06/20. 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...

Brain injury rehabilitation driven to crisis-point by perfect Covid-19 storm

11/06/20. Brain injury rehabilitation has been driven to crisis point by a perfect Covid-19 storm - destroying NHS capacity and devastating third sector funding, according to a ne...

Electronic signatures and the importance of knowing your expert - Simon Ross, Exchange Chambers

17/05/20. On 3rd March 2020, Robert Buckland, the incumbent Lord Chancellor and Secretary of State for Justice, confirmed that electronic signatures are permissible and legally v...

Summary of Recent Cases, May 2020

15/05/20. 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...

You are breathing my air; New insights on respiratory pathogens - Dr Mark Burgin

12/05/20. Dr. Mark Burgin BM BCh (oxon) MRCGP discusses whether continuing to tolerate high levels of deaths from respiratory infections will be acceptable in a post COVID world....

Credit Hire and Fundamental Dishonesty - Aidan Ellis, Temple Garden Chambers

29/04/20. For many years, the claimants in credit hire cases were habitually described by Judges as honest witnesses, perhaps confused about the detail of the contractual arrange...

Summary of Recent Cases, April 2020

15/04/20. 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...

Andrea Brown v Comissioner of Police of the Metropolis & Others [2019] EWCA Civ 1724: The Court of Appeal addressed the application of QOCS in 'mixed' claims - Ian Meikle, Civitas Law

07/04/20. AB had brought actions relating to allegedly wrongful use of personal data, claiming damages for personal injury, for breach of the Data Protection Act 1998 (“DPA”) and...

Summary of Recent Cases, March 2020

15/03/20. 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...

Clinical Negligence Claims and the Myth of Defensive Medicine - Paul Sankey, Enable Law

21/10/20. Do claims for damages risk encouraging defensive medicine? Lord Justice Irwin thought so and described it as 'self-evident' in a 2017 Court of Appeal judgment [1] . In fa...

PI Practitioner, October 2020

16/10/20. 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...

How will COVID-19 change the personal injury landscape? - Kelvin Farmaner, Trethowans LLP & David Wilson, Van Ameyde UK Limited

12/10/20. In the motor insurance space the headline news is that there has been a downward trend in terms of claims volumes.

Personal Injury

A downward trend is expected with milli...

FREE CHAPTER from ‘A Practical Guide to the Law of Medical Treatment Decisions’ by Ben Troke

Decisions about medical treatment can be about life and death, such as withdrawal of treatment or (not) providing CPR.  Or about quality of life, liberty and independence, ...

What is the test of breach of duty in pure diagnosis cases? - Paul Sankey, Enable Law

28/09/20. When it comes to treatment, the test of breach of duty is the Bolam test. A different test applies to providing information to patients since Montgomery v Lanarkshire H...

Medical Protection Society successful with fundamental dishonesty ruling - Louise Jackson, Browne Jacobson

PI Practitioner, September 2020

22/09/20. 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...

What is a 'highway maintainable at public expense'? Court of Appeal clarifies the tests in Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696 - Sam Way, Devereux Chambers

28/08/20. The Court of Appeal has clarified the tests for identifying a highway maintainable at the public expense under the Highways Act 1980. In doing so, they unpack the requi...

Two Lacunas Too Big: Appeal Costs in Low Value Personal Injury Litigation - Vinesh Mistry, Barrister, DWF Advocacy Ltd

1. 27/08/20. In Wickes Building Supplies Limited v William Gerarde Blair (No. 2) (Costs) [2020] EWCA Civ 17 (" Blair ") it was agreed between the parties that the claimant to the substa...

How the Paralegal Sector can help PI law firms post Covid-19 - Amanda Hamilton, NALP

25/08/20. Covid-19 and the subsequent lockdown has affected our personal lives in many ways. Professionally, it has also forced many PI law firms into hardship.

When the lockdown ...

PI Practitioner, August 2020

16/08/20. 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...

Whittington Hospital NHS Trust v XX [2020] UKSC 14: Damages are recoverable for foreign commercial surrogacy arrangements - Sam Way, Devereux Chambers

03/08/20. The Supreme Court has reversed the decision of the Court of Appeal in in Briody v St Helens and Knowsley Areas Health Authority [2002] QB 856, and clarified the basis on ...

Case Summary: H v H - Helen Reynolds of Spencers Solicitors Limited

10/06/20. Case Name: H v H

Accident Date: 09/11/2015

Settlement Date: 08/10/2019

TOTAL GROSS SETTLEMENT: £100,000.00

Background

The Claimant brought an action against the Defendant fo...

PI Practitioner, July 2020

16/07/20. 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...

Section 33 of the Limitation Act 1980: Credibility and Prejudice - Andrew Roy & Nina Ross,12 King's Bench Walk

03/07/20. Under s.33 Limitation Act 1980, the court may disapply the limitation period in a personal injury claim if it is equitable to do so having regard to the prejudice to th...

Will Brexit affect PI Paralegals? - Amanda Hamilton, National Association of Licenced Paralegals

30/06/20. Brexit will undoubtedly have a knock-on effect for many different professions. I have friends and acquaintances who are involved in architectural design, architectural ...

PI Practitioner, June 2020

16/06/20. 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, May 2020

16/05/20. 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...

Tort of deceit and recovering exemplary damages - Morgan Davies, Horwich Farrelly

14/05/20. Morgan Davies, Fraud Partner at Horwich Farrelly, looks at the case of Advantage Insurance Company Ltd v Junior Elliot , an examples of successfully defending a claim for...

The effect COVID-19 is having on UK media trends and attracting claims - Andy Cullwick, First4Lawyers

01/05/20. You won’t be surprised to hear that media consumption has changed in light of the coronavirus pandemic. As a result, we’re all having to respond and focusing our operat...