PI Brief Update

Editorial: Credit Hire Mock Trial - Aidan Ellis, Temple Garden Chambers

30/04/19. On 8 May 2019, I will be participating in a credit hire mock trial in Manchester. I would like to thank the organiser, the Credit Hire Organisation, for allowing me the...

Mr S v Evans: Road traffic accident (bicycle) leg broken in 3 places - Karen Cawood, Spencers Solicitors

19/04/19. In January 2016, the claimant (age 68 at the time of the accident) was cycling around a roundabout when the defendant collided with the cyclist and knocked him into the...

Summary of Recent Cases, April 2019

15/04/19. 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...

AI and Robots, in personal injury claims? - Tim Wallis, Trust Mediation

11/04/19. News that a ‘robot mediator’ has been used to settle a dispute in the court system, for what is believed to be the first time, was reported in Legal Futures recently [1...

FREE BOOK CHAPTER from 'An Introduction to Beauty Negligence Claims – A Practical Guide for the Personal Injury Practitioner' by Greg Almond

This book is intended to assist the personal injury practitioner when considering new enquiries and when handling beauty claims – it is an entry level guide and will be especial...

Summary of Recent Cases, March 2019

15/03/19. 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...

Infant Pedestrians: Can You Blame the Parents? - Edward Cleary, DWF

14/03/19. Ellis v Kelly & Anor, High Court (QB), 31 July 2018 - The court declined to make a finding of contributory negligence against an 8 year old boy invol...

Guilty Plea for Healthcare Provider’s Breach of Health and Safety Law - Alison McAteer, Brodies

08/03/19. The tragic case involving a healthcare company charged with breaching health & safety legislation after the death of a young patient in its care, may have been the ...

£23m settlement for brain injured child: the cost of medical negligence - Ben Gent, Express Solicitors

28/02/19.  In December 2018, the High Court approved a £23m compensation settlement for a 10-year-old boy (AC) who suffered brain damage at birth as a result of medical negl...

Summary of Recent Cases, February 2019

15/02/19. 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...

Summary of Recent Cases, January 2019

15/01/19. 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...

Time to re-examine tree inspection regimes - Simon Jones & Susan Rands, BLM

11/01/19. In Witley Parish Council v Cavanagh [2018] EWCA Civ 2232, the claimant was seriously injured when a large mature lime tree fell across the road onto the single decker bus...

Summary of Recent Cases, December 2018

15/12/18. 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...

Where Paternal Depression Meets Secondary Victim Claims - Chantelle Bacchus, Bolt Burdon Kemp

07/12/18. When we talk about post-natal depression, we often think of mothers. This is a fair assumption and 1 in 5 women develop mental health problems during pregnancy or in th...

Note on the Supreme Court Judgment in Darnley - Jeremy Pendlebury, 7BR

05/12/18. The Supreme Court, per the judgment of Lord Lloyd-Jones (with whom Lady Hale and Lords, Reed, Kerr and Hodge all agreed), allowed the appeal by Michael Darnley from the...

Cauda Equina Syndrome - Sandra De Souza, Anthony Gold Solicitors

03/12/18. Cauda Equina Syndrome (CES) is a serious condition which occurs when the nerves in the spinal canal have been damaged. These nerves control the bladder, bowel, genitals...

FREE BOOK CHAPTER from 'A Practical Guide to Vicarious Liability' by Mariel Irvine

29/11/18. Chapter One - Overview

To search for certainty and precision in vicarious liability is to undertake a quest for a chimaera. Many aspects of the law of torts are inheren...

Fundamental dishonesty in occupational disease claims (part 2) - Paul Debney, Weightmans LLP

18/11/18. In last month’s edition, Paul Debney examined the early reported decisions of findings of fundamental dishonesty in disease claims, with specific reference to a claiman...

Summary of Recent Cases, November 2018

15/11/18. 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...

FREE CHAPTER: The History And The Science (from ‘A Practical Guide to Claims Arising from Delays in Diagnosing Cancer’ by Bella Webb)

14/11/18. Chapter Two - The History and the Science

This chapter will look at the trend towards an increase in delayed cancer diagnosis claims and the rationale and statistics tha...

Was LASPO Part 2 worth the bother? - Qamar Anwar, First4Lawyers

25/04/19. Was part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) worth the bother?

I can guess the reply of most claimant lawyers – and indeed of def...

Fraudulent claims; are England and Scotland moving in different directions? - Kate Donachie, Brodies LLP

24/04/19. In a time of significant change to the civil litigation system, the approach to fraudulent exaggeration of insurance claims is diverging North and South of the border. ...

PI Practitioner, April 2019

16/04/19. 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...

Autonomous Vehicles May Be Motoring Towards the UK, but Who Is Liable if They Crash Along the Way? - Paul Fretwell, George Ide LLP

15/04/19. Now that the Automated and Electric Vehicles (AEV) Act is enshrined in law, will the government deliver ‘automatic’ compensation for injured victims of driverless cars?...

FREE SAMPLE from 'A Practical Guide to Noise Induced Hearing Loss Claims' by Andrew Mckie, Ian Skeate, Gareth McAloon

08/04/19. Generally this book covers issues in relation to NIHL and hearing loss claims, and in particular focuses on the day-to-day issues in practice that one encounters with s...

ENRC v SFO: Privilege Rebuilt - Helen Simm, Browne Jacobson LLP

21/03/19. On Wednesday 6 September 2018, one of the most awaited court judgments in recent times was handed down by the Court of Appeal. The judgment impacts on any entity conduc...

PI Practitioner, March 2019

16/03/19. 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...

AI and Robots in Personal Injury Claims? - Tim Wallis, Trust Mediation & FOIL

11/03/19. News that a ‘robot mediator’ has been used to settle a dispute in the court system, for what is believed to be the first time, was reported in Legal Futures recently. [...

Editorial: Delay and Adjourned Hearings - Aidan Ellis, Temple Garden Chambers

27/02/19. Previous editorials have drawn attention to the prevalence of late adjournments of trials due to judicial availability or court resources. Anecdotally, the ripple effec...

PI Practitioner, February 2019

16/02/19. 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...

SSB Law win landmark industrial disease case - Stuart White & Christopher Johnson, SSB Law

12/02/19. In a landmark judgement, the High Court has ruled that a former employee of Alcoa, one of the world’s largest producers of aluminium, should be compensated for loss of ...

The importance of getting the wording of pre-trial agreements right - Kate Donachie & Mohsen Din, Brodies LLP

31/01/19. A joint minute is a form of pre-trial agreement which is lodged with the court and sets out non-controversial matters between the parties in advance of a proof (trial) ...

PI Practitioner, January 2019

16/01/19. 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...

The complex reasons why a claimant takes legal action - Ali Malsher, Anthony Gold Solicitors

14/01/19. Reading the traditional media, it appears, clinical negligence claimants are motivated by finance only. Yet this doesn’t equate with the experience of those who work in...

Fundamental dishonesty in occupational disease claims (part 3) - Paul Debney, Weightmans LLP

09/01/19. In this, the last of a series of 3 articles, Paul Debney, Partner and head of disease counter fraud at national firm Weightmans LLP, examines the impact of the suppress...

Editorial: Trial Bundles - Aidan Ellis, Temple Garden Chambers

20/12/18. Instead of my usual December ‘review of the year’, I will end 2018 with some thoughts about trial bundles. I have had a significant number of trials this month (not all...

PI Practitioner, December 2018

16/12/18. 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...

Review of Highway Code Due for 2019 - Charles Heppenstall, Weightmans LLP

10/12/18. On the 18th October 2018 the Ministry of Transport announced a proposed update of the Highway Code, to further codify driving practices intended to protect cyclist...

An Introduction to Cooling - Flora Midgley, Bolt Burdon Kemp

06/12/18. The NHS uses controlled cooling to treat newborn babies who suffer brain injuries following a deprivation of oxygen during birth/labour. I am a solicitor at Bolt Burdon...

Cavanagh v Witley Parish Council [2018] EWCA Civ 2232 - Peter Wake, Weightmans LLP

04/12/18. In a recent decision which contains some salutary learning points for defendants, the Court of Appeal has found the defendant local authority to be liable to the claima...