PI Brief Update

Accommodation; Discount or Dilemma? - Trevor Ward, Fletchers Solicitors

25/10/18. Will the likely change in the discount rate for personal injury losses affect the way in which the Courts deal with the calculation of accommodation claims in serious p...

Duce v Worcestershire Acute Hospitals NHS Trust [2018] PIQR P18: The implications for Chester v Afshar - Michael Patrick, Hailsham Chambers

19/10/18. 1. Consider the traditional medical consent scenario: a doctor, in breach of duty, fails to advise her patient of a material risk of a given treatment. The treatment pr...

Book Review - 'Tough Choices: Stories from the front line of medical ethics' by Daniel Sokol (Book Guild, 2018)

16/10/18. “In a world in which the rights of patients and accountability of the medical profession appear to be on the rise this is a timely, fascinating and thought-provoking bo...

Summary of Recent Cases, October 2018

15/10/18. 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...

Kids will be kids: What is the extent of the duty owed by schools to their pupils? - Lauren Seagart, Queen Square Chambers

12/10/18. How far does the duty of care owed by schools to pupils extend? We were all familiar with the shouts of ‘WALK! Don’t run’ from teachers as we careered around school cor...

The importance of NICE guidance in a clinical negligence claim regarding the diagnosis and management of pre-eclampsia - Sam Holden & Gemma Dunn, Clyde & Co

08/10/18. The Court recently considered the importance of NICE guidance in a clinical negligence claim regarding the diagnosis and management of pre-eclampsia. Clyde & Co wer...

Deborah Tilsley v Derbyshire Community Health Services - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors

03/10/18. Incident date: 30 January 2014. Settlement date: 17 January 2018. Gross settlement: £30,000.00.

The Claim

The claim against the Defendant Trust was brought by the Executo...

Pleadings and fundamental dishonesty: Howlett affirmed as film director’s compensation claim is dismissed - Jeff Turton, Weightmans LLP

26/09/18. David Pinkus v Direct Line [2018] EWHC 1671 is an example of another claim being dismissed under section 57 Criminal Justice and Courts Act 2015. The claimant raised a p...

Can an 8-year old child be contributory negligent? - Ian Peters, Anthony Gold

22.09.18. The short answer is yes, but that was not the finding of Mrs Justice Yip when she handed down her Judgement in the case Master Caine Ellis v Mr Paul Kelly and Mrs Viole...

When an accident is just an accident: first judicial guidance on ERRA - Seema Bains, DWF

20/09/18.  Cockerill v CXK Ltd & Artwise Community Partnership, High Court (QB), 17 May 2018 -  Seema Bains Partner in DWF's London office and Nigel Lewers of 12 King's...

McDermott v InHealth Limited - Adam Weitzman QC, 7BR

18/09/18. The Claimant in this case was a professional boxer licenced by the British Board of Boxing Control. He was obliged to undergo annual brain imaging in order to ensure th...

Summary of Recent Cases, September 2018

15/09/18. 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...

Analysis Shows Increased Cash Flow Troubles for PI Firms - Norman Kenvyn, VFS Legal Funding

13/09/18. Running a personal injury law firm has never been so hard. With regulatory changes eating into profit and cash flow stymied by the slow billing process in cases, it is ...

Why transparency is more important than ever in the Legal Services Sector, especially in PI cases, and why we’re still not getting it right - Amanda Hamilton, NALP

29/08/18. In the last five years, within the current legal services sector, changes have been so radical that consumers are undoubtedly confused. It used to be that if you had a ...

The Discount Rate: What Next? - Trevor Ward, Fletchers Solicitors

26/08/18. A reminder – when claimants suffer life changing injury and accept a lump sum payment method of compensation, the same is calculated by reference to a rate of return ov...

Editorial: Heatwaves and Court Facilities - Aidan Ellis, Temple Garden Chambers

25/08/18. At the start of July, an article in the Economist discussed the obvious difficulties arising from wearing wigs and gowns in Court during a heatwave. As the heatwave int...

Faking it: Holiday Sickness Claims, An Update on the New Rules - Katherine Ettridge, Blake Morgan

23/08/18. As many of you may have heard in the news, tour operators have warned that British tourists could be banned from all-inclusive package holidays in some countries, or th...

Reforming the Personal Injury Discount Rate in Scotland - Nicola Edgar, Morton Fraser LLP

21/08/18. The Damages (Investment Returns and Periodical Payments) (Scotland) Bill was introduced to the Scottish Parliament in June 2018 and provides a new method of fixing the ...

Fundamental Dishonesty, Conspiracy and Multiple Passenger Claims - Vaughan Jacob, Lamb Chambers

19/08/18. Matthew Boon and 18 others v (1) Dale Pritchard (2) Nigel Mordescai (Liverpool CC, HHJ Gregory, 14 February 2018)

On 11 July 2015 a minor road traffic accident occurred ...

Summary of Recent Cases, August 2018

15/08/18. 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...

Laurence Sprey -v- Rawlinson Butler LLP [2018] EWHC 354 (QB) - Andrew McAulay, Clarion

26/10/18. Following the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2013 (LASPO), solicitor/own client costs disputes have increased. The case of Lau...

Fundamental dishonesty in occupational disease claims - Paul Debney, Weightmans LLP

24/10/18. In this, the first of a series of 3 articles, Paul Debney, Partner and head of disease counter fraud at national firm Weightmans LLP, highlights some of the issues surr...

Tuson v Murphy [2018] EWCA Civ 1491 - James Manning, Bevan Brittan LLP

17/10/18. In Tuson v Murphy [2018] EWCA Civ 1491, the Court of Appeal overturned a costs order made against the Claimant, who had been ordered to pay a proportion of the Defendant'...

PI Practitioner, October 2018

16/10/18. 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...

What makes an injury 'actionable'? The Supreme Court offers some guidance - Joanna Lewis, Queen Square Chambers

11/10/18. Although Dryden v Johnson Matthey PLC [2018] UKSC 18 is a case involving industrial disease, the Supreme Court’s decision has wider significance in helping to clarify wha...

A on behalf of Estate of B v C NHS F Trust - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors

09/10/18. IN THE COUNTY COURT MONEY CLAIMS CENTRE

Case Number D86YM033
Date of Negligence November 2011
Settlement Date 31st May 2018
TOTAL NET SETTLEMENT £12,500.00

Background

B ...

Percutaneous Vertebroplasty: Too Much Information? - Ryan Harvey, Bolt Burdon Kemp

27/09/18. It’s no secret that any treatment, be it surgical or conservative, may provide no therapeutic benefit to the patient. In light of a recent study into the efficacy of a ...

Irving v Morgan Sindall PLC [2018] EWHC 1147 (QB) - Sharon Hughes, 43templerow

21/09/18. The recent appeal judgment in Irving v Morgan Sindall PLC [2018] EWHC 1147 (QB) by Mr Justice Turner is greatly appreciated for bringing much needed clarity over two issu...

Absent Witnesses and Adverse Inferences - Claire Christopholus, Hill Dickinson LLP

19/09/18. Even during an uncomplicated surgical admission, a patient can expect to see a host of professionals, including nursing staff, the junior and senior surgical team and a...

Marketing for PI Lawyers in Challenging Times, ROI and Why Content is Still King - Carl Waring, Aware Marketing

17/09/18. For Personal Injury solicitors and barristers, these are increasingly difficult times. They have been so, ever since LASPO 2012 came into force on 1st April 2013 and...

PI Practitioner, September 2018

16/09/18. 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...

FREE BOOK CHAPTER from 'A Practical Guide to Industrial Disease Claims' by Andrew Mckie & Ian Skeate

Chapter Two – The Portals and Fixed Portal Costs in ELD Claims.

The Low Value Portals in Employers Liability Claims Came into effect for any claim where the accident date is on o...

A High Court appeal decision which considers fundamental dishonesty and credibility evidence against a claimant - Dan Wood, Ropewalk Chambers & Peter Ward, DAC Beachcroft

28/08/18. Case analysis of Molodi v Cambridge Vibration Maintenanc e Service and another [2018] EWHC 1288 (QB), [2018] All ER (D) 136 (May) by Dan Wood, barrister at Ropewalk Chambe...

RSA v Generali [2018]: Claims for contribution between insurers are subject to a 2 year limitation period - James Byard, Weightmans

22/08/18. Despite the introduction of legislation several decades earlier to restrict employee exposure to carcinogenic asbestos dust and fibres, claims for mesothelioma continue...

Recovery of NHS Costs for Treating Diseases - Jenny Dickson, Morton Fraser LLP

20/08/18. The NHS has been able to recover the costs of treating those who have suffered an injury due to the fault of another for some time. Part 3 of the Health and Social Care...

Vicarious liability for deliberate actions of independent contractor upheld on appeal - David Williams & Andrea Ward, DAC Beachcroft

18/08/18. Barclays Bank plc v Various Claimants, High Court, 2018

The question of whether an employer should be held liable for deliberate criminal assaults upon its employees by ...

PI Practitioner, August 2018

16/08/18. 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...

Claim Dismissed in School PE Accident Case: DS v Halton Borough Council - Peter Wake, Weightmans LLP

14/08/18. In a decision which will be widely welcomed by schools, Liverpool County Court has found that a physical education activity during which the claimant pupil was injured ...

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...