PI Brief Update

Supreme Court refuses MIB permission to appeal in landmark case establishing liability for accidents on private land

21/02/20. On 13.2.20 the Supreme Court (Lord Reed (President), Lady Arden and Lord Hamblen JJSC) refused the MIB’s application for permission to appeal against a finding that it ...

Surveillance Evidence: Trump Card or Joker? Grant v Newport City Council [2018] EWHC 3813 Ch - Vinesh Mistry, Barrister, DWF Advocacy Ltd

19//02/20. Grant v Newport City Council [2018] EWHC 3813 Ch ( “Grant” ) is a fairly typical multi-track 'slip and trip'. Over the course of litigation, the defendant covertly monit...

Summary of Recent Cases, February 2020

15/02/20. 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 solicitors report greater cooperation from insurers - Bill Braithwaite QC, Exchange Chambers

14/02/20. New research by barristers Exchange Chambers and brain injury rehabilitation charity, Calvert Reconnections, has examined the effectiveness of the brain injury claims a...

Summary of Recent Cases, January 2020

15/01/20. 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...

Summary of Recent Cases, December 2019

15/12/19. 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...

Case Summary: S v K - Karen Cawood, Spencers Solicitors

10/12/19. Case Name: S v K, Accident Date: 04/11/2014, Settlement Date: 01/05/2019, TOTAL GROSS SETTLEMENT: £40,000.00

Background

The Claimant, a...

Costs: Court of Appeal judgment on recoverability of disbursements in ex-portal claims (CPR r.45 Section IIIA) - Simon Fisher, DWF

27/11/19. Aldred v Cham, Court of Appeal, 25 October 2019

Simon Fisher examines the Court of Appeal's finding in Aldred v Cham (2019) , that counsel's advice fee in a child cla...

FREE CHAPTER from 'A Practical Guide to Sepsis and Meningitis Claims' by Isaac Hogarth

26/11/19. Sepsis is a life-threatening complication of infection which requires rapid treatment and management. Untreated, it can lead to multi-organ failure and death. There are...

Recording appointments with medical experts: Is the evidence admissible? - Paul Sankey, Enable Law

19/11/19. In a recent case [1] Master Davison considered whether covert recordings of appointments with medical experts should be admitted as evidence. The recordings were obtained...

Interim Payment on Account of Costs: Global Assets Advisory Services Ltd & Anor v Grandlane Developments Ltd & Ors [2019] EWCA Civ 1764 - Andrew Cousins, Counsel at DWF Advocacy Ltd

18/11/19. The Court of Appeal has given clarification as to how Part 36 interacts with CPR 44 and the Court's powers to make orders for interim payments of costs following accept...

Summary of Recent Cases, November 2019

15/11/19. 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...

PI firms ignoring clients who contact them after 5.30pm or via Facebook - Qamar Anwar, Managing Director, FIRST4LAWYERS

25/10/19. Personal injury (PI) law firms are failing to adapt to clients using less traditional methods of contacting them by not responding when clients call them out-of-hours o...

Case Summary: W v Burns - Kristy Price, Spencers Solicitors

23/10//19. 
Case Name
: 
W v Burns



Accident Date
: 
24/02/2017



Settlement Date
: 
30/04/2019



TOTAL GROSS SETTLEMENT
: 
£3955.80



Background



The Claimant ...

Package Travel Claims: Where Are We Now? - Katherine Allen, Hugh James

21/10/19. In April 2018 regulations [1] implementing Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel ...

The legal liability of the sportsman for causing injury to a third party - Alec Samuels

11/10/19. In the course of engaging in his sport the sportsman causes injury to a third party. For a criminal conviction the prosecution will have to prove subjective criminal in...

FREE CHAPTER from ‘A Practical Guide to Prison Injury Claims’ by Malcolm Johnson

04/10/19. 1.1 What this book covers

The concept of a prison in English law encompasses a whole host of different institutions, run by different organisations, both public and priv...

What is Unjust? JLE v Warrington & Halton Hospitals NHS Trust Foundation [2019] - Andrew Cousins, Counsel at DWF Advocacy Ltd

26/09/19. The appeal arose from a Detailed Assessment of costs following settlement of a claim for monetary damages. The background to the appeal was uncomplicated in that the Cl...

Summary of Recent Cases, September 2019

15/10/19. 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...

Case Report: B v Murtezi - Helen Reynolds, Spencers Solicitors

03/09/19. Case Name
: 
B v Murtezi


Accident Date
: 
21/04/2016


Settlement Date
: 
29/03/2019



TOTAL GROSS SETTLEMENT
: 
£80,000.00



 Background 



The Claimant...

Covid 19: How Should the Law React?

27/03/20. Dr. Mark Burgin BM BCh (oxon) MRCGP discusses reasonable adjustments to legal processes to allow compliance with Government Policy and Health and Safety.

Legal processe...

The difficulties of contracting out of fixed costs - Andrew Roy, 12 King's Bench Walk

25/02/20. Ho v Adelekun [2019] EWCA Civ 1988; [2019] Costs LR 1963 concerned the application of the fixed costs regime for ex-Protocol cases at Section IIIA of CPR Part 45, following...

Does, and should, Legal Professional Privilege apply to PI Paralegal Lawyers? - Amanda Hamilton & Jane Robson, NALP

24/02/20 . I was asked an interesting question this week: Are Paralegals covered by Legal Professional Privilege? Those PI paralegals who work for solicitors and barristers are c...

Is there Sense in Common Sense? Manchester Shipping Ltd v (1) Balfour Shipping Ltd, (2) Nikolay Nikolayevich Sochin [2020] EWHC 164 (Comm) - Daniel Tresigne, Advocate, DWF Advocacy Ltd

20/02/20. This ruling arose from an application for relief from sanctions for a failure to file and serve a costs budget on time. Both Defendants (represented by the same Solicit...

PI Practitioner, February 2020

16/02/20. 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, January 2020

16/01/20. 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...

FREE CHAPTER from ‘A Practical Guide to the Law of Bullying and Harassment in the Workplace’ by Philip Hyland

08/01/20. This practical guide explains how the law on bullying and harassment in the workplace works. How the law defines bullying and harassment in the workplace. How the law i...

Holiday Illness Fraud: pursuing committal proceedings against dishonest claimants - even if legal proceedings are not submitted by the claimant - Jared Mallinson, Horwich Farrelly

23/12/19. Jared Mallinson, Fraud Partner at Horwich Farrelly, looks at why the fight against fraudulent holiday illness claims is still as crucial as ever.

In recent years the tra...

FREE CHAPTER from ‘A Practical Guide to the Law of Driverless Cars – Second Edition’ by Alex Glassbrook, Emma Northey & Scarlett Milligan

20/12/19. With the increase in numbers of electric vehicles, automated driving systems are becoming widespread. The next phase of the evolution in road vehicles – towards fully-a...

PI Practitioner, December 2019

16/12/19. 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...

When the Ogden Tables just don't work - Malcolm Henke, Horwich Farrelly

10/12/19. Particularly during periods when low discount rates produce high multipliers, claimants will always seek to have their claims for future losses calculated on a multipli...

Credit Hire: Is it right to hire when the cost of a replacement taxi exceeds a claimant's profits? - Darren Mendel, Partner at Horwich Farrelly

04/12/19. Darren Mendel, Partner at Horwich Farrelly, looks at the case of Hussain v EUI Limited where the issue of hire and profit was thrown into question

The recent case of Hus...

What Role Will PI Paralegals Play in the Future of the Legal Services Sector? - Amanda Hamilton, NALP

29/11/19. Many PI firms see the potential in employing paralegals and PI firms are often keen to pay for their staff to gain paralegal qualifications or for their paralegals to t...

FREE CHAPTER from 'Ellis on Credit Hire - Sixth Edition' by Aidan Ellis

25/11/19. This is a free sample chapter from the new revised and updated Sixth Edition of the leading text book on credit hire litigation.

This latest release brings the pre...

PI Practitioner, November 2019

16/11/19. 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...

Case Summary: S (by Litigation Friend) v U - Helen Reynolds, Spencers Solicitors

24/10/19. Case Name: S (by Litigation Friend) v U

Accident Date: 6th June 2014

Settlement Date: 20th May 2019 (approval hearing)

TOTAL GROSS SETTLEMENT: Provisio...

PI Practitioner, October 2019

16/10/19. 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...

When may a parent company be liable for harm caused by the operations of its subsidiary: new developments in Vedanta Resources plc v Lungowe - Harry Sheehan, Devereux Chambers

07/10/19. The Supreme Court’s decision in Vedanta Resources plc v Lungowe [2019] UKSC 20 marks a substantial new development in the state of parent company liability and provides c...

PI Discount Rate: ABI vs Government - Qamar Anwar, Managing Director, First4Lawyers

30/09/19. It must have come as a nasty shock to the Association of British Insurers (ABI) when the government didn’t do what it was told over the discount rate. After all, if the...

Recoverable Premiums and Proportionality - Nick McDonnell, Kain Knight Costs Lawyers

27/09/19. The 17 July 2019 saw the handing down of the combined, unanimous Court of Appeal judgment from The Master of the Rolls (Sir Terence Etherton) together with LJs Coulson ...