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February 2020 Contents

Welcome to the February 2020 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles.

CPD

Note that there are no new monthly CPD quizzes since the SRA and the BSB have both updated their CPD schemes to eliminate this requirement. Reading PIBULJ articles can still help to meet your CPD needs. For further details see our CPD Information page.

 

Personal Injury Articles, February 2020
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
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 Solicitors) served their costs budget some 13 days late, and 8 days before the first Costs and Case Management Conference...
The difficulties of contracting out of fixed costs - Andrew Roy, 12 King's Bench Walk
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 acceptance of an ostensible Part 36 offer for damages and costs to be assessed. The Court of Appeal allowed the defendant's second appeal and held that fixed costs applied notwithstanding that the defendant's offer letter was poorly drafted. It also provided guidance on how such defendants could in future avoid such disputes...
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 directly liable under EU law for injuries sustained by a pedestrian who was struck by an uninsured vehicle on private land. At the same time, it concluded that it was not...
Surveillance Evidence: Trump Card or Joker? Grant v Newport City Council [2018] EWHC 3813 Ch - Vinesh Mistry, Barrister, DWF Advocacy Ltd
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 monitored the claimant. The defendant initially obtained footage of the claimant walking, and further surveillance then demonstrated her working. This was all contrary to the claimant's pleaded case. Approximately 4 weeks before trial, the defendant disclosed the surveillance evidence to the claimant and applied for permission to rely on the same and to amend its Defence to aver fraud...
Brain injury solicitors report greater cooperation from insurers - Bill Braithwaite QC, Exchange Chambers
New research by barristers Exchange Chambers and brain injury rehabilitation charity, Calvert Reconnections, has examined the effectiveness of the brain injury claims and rehabilitation process through 164 in-depth interviews with claimant brain injury partners at law firms throughout the country...
Does, and should, Legal Professional Privilege apply to PI Paralegal Lawyers? - Amanda Hamilton & Jane Robson, NALP
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 covered under their employer's umbrella, but what about those who work as independent legal advisers? Where do they fall?...
Summary of Recent Cases, February 2020
Here is a summary of the recent notable court cases over the past month...
PI Practitioner, February 2020
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month's practitioner update considers two recent health and safety appeals before Martin Spencer J...
Medico-Legal Articles, Edited by Dr Hugh Koch
Legal Mind Case and Commentary No 26: Psychological harm following sexual abuse. Procedural aspects of psychological assessment - Koch HCH, Milner P and McFadyen K
Analysis of psychological harm in a complex case. Issues emerging from this analysis involved credibility, diagnosis, causation and quantum assessment...
Clinical Negligence Medicine by Dr Mark Burgin
How does mould damage health? - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP summarises the practical issues that face experts and solicitors in public liability cases on mould exposure...
Understanding GPs: Struggling to Cope - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains in the third of a series how the Triple Aim and ignorance of biopsychosocial progress is harming patients and the NHS...