PI Brief Update

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...

Personal injury solicitors urged to combat 'desperate' tactics of firms targeting success fee refunds in RTA claims...

12/03/20. Personal injury solicitors are being urged to combat the “desperate” tactics of firms targeting success fee refunds in RTA claims - by a Costs Lawyer specialising in th...

Chaos surrounds launch of the consumer claims portal - Andrew Kay, Director of Operations, FIRST4LAWYERS

02/03/20. Just weeks to go until implementation of the Civil Liability Act (CLA) and the launch of the new consumer claims portal, or is it? For several months now the Ministry o...

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...

Role of Criminal Lawyer in Criminal Cases and Defense Proceedings

Consideration was given for the editing and publication of this post.

Criminal justice cases in the USA are very different from civil ones. And it goes well beyond the stakes inv...

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...

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...

FREE CHAPTER from 'A Practical Guide to the Pre-Action RTA Claims Protocol for Personal Injury Lawyers' by Antonia Ford

23/04/20. The aim of this book is to provide a practical guide to all stages of the RTA Protocol to assist in the handling of pre-litigation claims and inform Practitioners of th...

PI Practitioner, April 2020

16/04/20. 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...

Case Summary: D v S - Karen Cawood, Spencers Solicitors Limited

13/04/20. Case Name: D v S
Court Name: LEEDS
Accident Date: 11/04/2015
Settlement Date: 24/05/2019
TOTAL GROSS SETTLEMENT: £100,000.00

Background

On the 11th April 2015 the Claimant wa...

Do not stand on ceremony, else time will become the Claimant’s enemy: Durkan -v- Schmidt - James Devenny, Horwich Farrelly

03/04/20. This case relates to an accident that occurred in 2011; the Claimant conducted the claim through the portal process, which at that point had an upper limit of £10,000. ...

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...

PI Practitioner, March 2020

16/03/20. 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...

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

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 was direc...

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...