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MC & JC Birmingham Women's NHS Foundation Trust [2016] EWHC 1334 (QB) - Natasha Jones, Bevan Brittan

MC & JC Birmingham Women's NHS Foundation Trust [2016] EWHC 1334 (QB) - Natasha Jones, Bevan Brittan

13/07/16. This was a birth injury case which involved a claim bought by mother and son relating to an alleged delay in the management of JC's delivery on 13 February 2010. JC suffered brain damage as...

The EU Divided, but Not as We Know It - Jack Harding, 1 Chancery Lane

The EU Divided, but Not as We Know It - Jack Harding, 1 Chancery Lane

07/07/16. The events of past weeks have brought into sharp focus the seemingly different attitudes held by a majority of the UK population compared to other EU member states. The result, whilst at pr...

Impact of 'Brexit' on Personal Injury Claims - Flora Wood, Ashfords

Impact of 'Brexit' on Personal Injury Claims - Flora Wood, Ashfords

22/06/16. Claimant and Defendant lawyers are used to applying many EU-based regulations and Directives to personal injury claims. How could Brexit affect legal remedies for UK citizens?

EU Directives ...

Dust-Clouds and Dustbins: Should There Be a Regularity Requirement for Dust Exposure When Defining ‘Substantial’ Under Section 63 (1) Factories Act 1961? - Charles Feeny & Sammy Nanneh, Contributing Editors at Pro-Vide Law

Dust-Clouds and Dustbins: Should There Be a Regularity Requirement for Dust Exposure When Defining ‘Substantial’ Under Section 63 (1) Factories Act 1961? - Charles Feeny & Sammy Nanneh, Contributing Editors at Pro-Vide Law

26/08/16. In cases where an employee is exposed to asbestos, a claim may be brought under the common law as well as pursuant to duties owed by the employer under various regulati...

Fixed Recoverable Costs-Settling at the Court Door - Jasmine Murphy, Hardwicke

Fixed Recoverable Costs-Settling at the Court Door - Jasmine Murphy, Hardwicke

24/08/16. The case of Dos Santos Medes v Hochtief (UK) Constructions Ltd dealt with the issue of fixed recoverable costs (FRC) under the Civil Procedures Rules (CPR) in a claim bro...

Inquests and Fatal Accidents - Rose Gibson, Simpson Millar LLP

Inquests and Fatal Accidents - Rose Gibson, Simpson Millar LLP

08/08/16. I have been a fatal accident practitioner for the last 10 years now. I have been qualified as a personal injury solicitor for the last 19 years, which means that in ter...

The EU Divided, but Not as We Know It - Jack Harding, 1 Chancery Lane

The EU Divided, but Not as We Know It - Jack Harding, 1 Chancery Lane

05/08/16. The events of past weeks have brought into sharp focus the seemingly different attitudes held by a majority of the UK population compared to other EU member states. The...

Editorial: Brexit and Personal Injury Litigation - Aidan Ellis, Temple Garden Chambers

Editorial: Brexit and Personal Injury Litigation - Aidan Ellis, Temple Garden Chambers

28/07/16. Unlike most daily newspapers, some professional publications like the British Medical Journal or even various employers, PIBULJ avoided expressing a view on the referen...

Summary of Recent Cases, July 2016

Summary of Recent Cases, July 2016

15/07/16. 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...

Mitsui Sumitomo Insurance Co (Europe) Ltd v Mayor's Office for Policing and Crime [2016] UKSC 18 - Caroline Kane, BLM

Mitsui Sumitomo Insurance Co (Europe) Ltd v Mayor's Office for Policing and Crime [2016] UKSC 18 - Caroline Kane, BLM

12/07/16. A recent ruling by the Supreme Court has finally settled the argument as to whether claims for consequential damages are permissible for losses incurred as the result o...

Wrongful Birth and Wrongful Conception: The Rights of the Father - Rebecca Jones, Hardwicke

Wrongful Birth and Wrongful Conception: The Rights of the Father - Rebecca Jones, Hardwicke

11/07/16. The law on recovery for damages in wrongful birth and wrongful conception cases has been settled for some time; since the cases of McFarlane v Tayside Board of Health [20...

How to Document a Biopsychosocial Assessment in Personal Injury 2016 - Dr Mark Burgin

How to Document a Biopsychosocial Assessment in Personal Injury 2016 - Dr Mark Burgin

04/07/16. Dr. Mark Burgin BM BCh (oxon) MRCGP explains how generalist experts document psychological injuries.

In this article I will explain how to rigorously document a biopsych...

Legal Mind Case and Commentary No.6: Stress at Work, a Fit Area for Legal Enquiry? - Dr Hugh Koch & Dr Simon Midgley

Legal Mind Case and Commentary No.6: Stress at Work, a Fit Area for Legal Enquiry? - Dr Hugh Koch & Dr Simon Midgley

03/07/16. Ten years ago, the Court of Appeal collated four cases to be heard together with the intention of providing guidance on handling stress at work cases claims. Known as H...

Mrs H v Mr Robinson - Emma Melia & Miray Wahba, Spencers Solicitors

Mrs H v Mr Robinson - Emma Melia & Miray Wahba, Spencers Solicitors

30/06/16. IN THE HIGH COURT OF JUSTICE, QUEEN’S BENCH DIVISION. Case Number HQ14P03794. Accident Date 1 October 2011. Settlement Date 19 June 2015. TOTAL GROS...

Editorial: Vacated Trials - Aidan Ellis, Temple Garden Chambers

Editorial: Vacated Trials - Aidan Ellis, Temple Garden Chambers

29/06/16. In the course of June so far, three of my trials have been vacated – two for lack of Court time and one converted to a 30 minute CMC because the trial bundle was filed ...

New Book Reviews - PIBULJ.COM Editorial

New Book Reviews - PIBULJ.COM Editorial

29/07/16. The Association of Personal Injury Lawyers (APIL) have produced a number of new books for the personal injury practitioner in the past few months, published by Jordan P...

Why Settlement of a Personal Injury Claim Does Not Bring the Application of the RTA Protocol to an End - Ben Hicks, 1 Chancery Lane

Why Settlement of a Personal Injury Claim Does Not Bring the Application of the RTA Protocol to an End - Ben Hicks, 1 Chancery Lane

23/06/16. The recent Court of Appeal decision in Phillips v Willis [2016] EWCA Civ 401 has provided welcome clarity as to the fate of claims initially made through the RTA portal w...

Don’t Overlook Foreseeability: Scott v Gavigan [2016] EWCA Civ 544, [2016] All ER (D) 35 (Jun) - Niall Maclean, 12 King’s Bench Walk

Don’t Overlook Foreseeability: Scott v Gavigan [2016] EWCA Civ 544, [2016] All ER (D) 35 (Jun) - Niall Maclean, 12 King’s Bench Walk

20/06/16. On a clear summer evening the Defendant was riding his motorcycle down a long straight road in south London. His speed was about the 30mph, the limit for the road. Walk...

Injuries Resulting in Blindness - Rose Gibson, Simpson Millar LLP

Injuries Resulting in Blindness - Rose Gibson, Simpson Millar LLP

18/06/16. Having dealt with a number of cases involving loss of sight over the years, it was not until I had to visit the JC Guidelines for a case involving total sudden blindnes...

Summary of Recent Cases, June 2016

Summary of Recent Cases, June 2016

15/06/16. 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...

Loss of Earnings: Clinical Negligence and Causation - Gordon Exall, Zenith Chambers & Hardwicke

Loss of Earnings: Clinical Negligence and Causation - Gordon Exall, Zenith Chambers & Hardwicke

14/06/16. The need to prove that a claim for loss of earnings arises from the negligence complained of can be overlooked. A failure to consider the key issue of causation can lea...

The Serious Injury Guide - Duncan Rutter, DAC Beachcroft

The Serious Injury Guide - Duncan Rutter, DAC Beachcroft

13/06/16. The Serious Injury Guide is a voluntary guide that applies to personal injury claims worth £250,000 or more. It does not apply to clinical negligence or asbestos relate...

FE (By his litigation friend PE) v St George’s University Hospital NHS Trust [2016] EWCH 553 - Rachel Vickers, Outer Temple Chambers

FE (By his litigation friend PE) v St George’s University Hospital NHS Trust [2016] EWCH 553 - Rachel Vickers, Outer Temple Chambers

07/06/16. The Claimant was born by emergency Caesarean section at St George’s Hospital on 25th January 2011. He suffered hypoxic ischaemic at birth leading to cerebral palsy...

QOCS: The Strike Out and Fundamental Dishonesty Exceptions in Action - Rebecca Jones, Hardwicke

QOCS: The Strike Out and Fundamental Dishonesty Exceptions in Action - Rebecca Jones, Hardwicke

25/08/16. There are still relatively few findings of fundamental dishonesty being made by Courts. Despite the fact that this is obviously an important exception to the QOCS regim...

Key Issues Which Arise in Cycling Claims - Kate Sweeney, Stephensons Solicitors LLP

Key Issues Which Arise in Cycling Claims - Kate Sweeney, Stephensons Solicitors LLP

18/08/16. As someone who 12 months ago started cycling a daily 9 km commute to work (and back) in an effort to improve fitness and avoid traffic congestion, I have experienced fi...

Assessing the Cost of ATE Premiums - Thomas Crockett, 1 Chancery Lane

Assessing the Cost of ATE Premiums - Thomas Crockett, 1 Chancery Lane

10/08/16. If anyone needs a reminded why the costs landscape for personal injury litigators has changed so dramatically they may not need look much further than the judgment of t...

Reforming the Courts' Approach to Mckenzie Friends - Kurt Rowe, Head of the CPR & Protocols Sector Focus Team at FOIL

Reforming the Courts' Approach to Mckenzie Friends - Kurt Rowe, Head of the CPR & Protocols Sector Focus Team at FOIL

27/07/16. The recent conclusion of the Judicial Executive Board’s consultation on Reforming the Courts’ Approach to McKenzie Friends has put the spotlight firmly on the role of t...

Claimant Firms Must Prepare for the Long Haul - Matthew Gwynne, SpectraLegal

Claimant Firms Must Prepare for the Long Haul - Matthew Gwynne, SpectraLegal

22/07/16. The obstructive tactics employed by many defendants will be well known to claimant clinical negligence lawyers. They can range from the sublime to the ridiculous: Ignor...

Director's Personal Liability for Employers’ Liability Insurance: Scotland and England Aligned - Robert Cranston & Fiona Beal, Brodies LLP

Director's Personal Liability for Employers’ Liability Insurance: Scotland and England Aligned - Robert Cranston & Fiona Beal, Brodies LLP

18/07/16. Readers may remember our report on a previous Scottish court decision that resulted in Scotland diverging from England on whether a director can be personally liable for ...

PI Practitioner, July 2016

PI Practitioner, July 2016

16/07/16. 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...

Dunhill v W Brook & Co and Crossley: Professional Negligence Claim Against Counsel and Solicitors - David Green, Pupil, 12 King's Bench Walk

Dunhill v W Brook & Co and Crossley: Professional Negligence Claim Against Counsel and Solicitors - David Green, Pupil, 12 King's Bench Walk

Ms Dunhill received a head injury in a road traffic accident in June 1999. She was represented by the First Defendant solicitors throughout: Mr Brooks was the file handler, and ...

'In Time' Application for Time Extension Refused & No Relief From Sanctions: Six-Figure Claim Lost (Krasniqi v Watford Timber Co. Ltd) - Charles Bagot, Hardwicke

'In Time' Application for Time Extension Refused & No Relief From Sanctions: Six-Figure Claim Lost (Krasniqi v Watford Timber Co. Ltd) - Charles Bagot, Hardwicke

14/07/16. Krasniqi v Watford Timber Company Limited (2016) 13 April, CLCC DJ Parfitt, as yet unreported [ Refer to the judgment ]. This is an example of a case in which the Cou...

Material Contribution and Williams - Rebecca Richardson, Hardwicke

Material Contribution and Williams - Rebecca Richardson, Hardwicke

09/07/16. On 25 January 2016 the Judicial Committee of the Privy Council handed down judgment in the case of Williams v The Bermuda Hospitals Board [2016] UKPC 4, the most recent r...

Dishonest Claimants: Utilising the Tort of Deceit - Judy Dawson, Park Square Barristers

Dishonest Claimants: Utilising the Tort of Deceit - Judy Dawson, Park Square Barristers

08/07/16. In criminal law it is generally clear; if you cheat or lie or steal or defraud then you get punished. If you try but fail then you still get punished; English criminal ...

Legal Mind Case and Commentary No.7: Regulating Expert Evidence - Dr Hugh Koch & Dr Richard Cosway

Legal Mind Case and Commentary No.7: Regulating Expert Evidence - Dr Hugh Koch & Dr Richard Cosway

05/07/16. Case: Kennedy v. Cordia LLP [Scotland]. This case centres on a Supreme Court judgement in relation to an accident involving a home carer in Glasgow who visited an ...

When an Unsafe Structure Does Not Trigger the Landlord’s Duty to Repair - Colm Nugent, Hardwick

When an Unsafe Structure Does Not Trigger the Landlord’s Duty to Repair - Colm Nugent, Hardwick

02/07/16. The reach of the Defective Premises Act and what ‘defective’ means within the context of the Act, was the subject of detailed consideration in the QBD recently, in Dodd ...

Mr A v Mr Chana - Emma Melia & Miray Wahba, Spencers Solicitors

Mr A v Mr Chana - Emma Melia & Miray Wahba, Spencers Solicitors

30/06/16. Birmingham County Court. Case Number: A49YP577. Accident Date: 3rd November 2011. Settlement Date: 27th April 2016. TOTAL GROSS SETTLEMENT...

Trial Advocacy Fees Recoverable Even if the Matter Settles on the Day of Trial - Francesca O'Neil, 1 Chancery Lane

Trial Advocacy Fees Recoverable Even if the Matter Settles on the Day of Trial - Francesca O'Neil, 1 Chancery Lane

30/06/16. The appeal court has found that, even where a matter settles “at the door of the court” and so no effective trial has taken place, the fixed trial advocacy fee is recov...

Keep It Simple, Sheriff: Simple Procedure in the Sheriff Court - Peter Demick & Ben Bestgen, Brodies LLP

Keep It Simple, Sheriff: Simple Procedure in the Sheriff Court - Peter Demick & Ben Bestgen, Brodies LLP

29/06/16. Riding on the winds of change in Scotland’s civil courts reforms (with our special focus on personal injury), we have already seen the creation of the All-Scotland Sher...

Trial by Ambush? - Ella Davis, 1 Chancery Lane

Trial by Ambush? - Ella Davis, 1 Chancery Lane

24/06/16. In Hayden v Maidstone & Tunbridge Wells NHS Trust [2016] EWHC 1121 (QB) Foskett J, albeit with “considerable misgiving”, allowed a Defendant to rely on surveillance...

Clean Air: A Claim Under Article 1? - Ian Miller, 1 Chancery Lane

Clean Air: A Claim Under Article 1? - Ian Miller, 1 Chancery Lane

In February 2013 nine-year-old Ella Kissi-Debrah from Hither Green in South London died after suffering a severe asthma attack. “Can the courts be used to establish that we have...

The Decision in Parker v Butler [2016] EWHC 1251: The Applicability of QOCS to Appeals - Craig Fisher, 7 Harrington Street Chambers

The Decision in Parker v Butler [2016] EWHC 1251: The Applicability of QOCS to Appeals - Craig Fisher, 7 Harrington Street Chambers

17/06/16. Parker v Butler started life as a fairly unremarkable road traffic collision on the M18/M180 roundabout that occurred on 10 April 2013, and fell into that all too commo...

PI Practitioner, June 2016

PI Practitioner, June 2016

16/06/16. 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...