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November 2022 Contents

Welcome to the November 2022 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
The Civil Liability (Contribution) Act 1978 Is Without Overriding Effect - Sebastian Bates, Temple Garden Chambers
The question in The Soldiers, Sailors, Airmen and Families Association - Forces Help was whether the Civil Liability (Contribution) Act 1978 has mandatory or overriding effect ('overriding effect') so that it applies to all contribution claims brought in England and Wales, or whether it applies only when domestic choice of law rules indicate that the contribution claim in question is governed by the law of England and Wales...
The Court of Appeal Clarifies The Meaning of 'Proceedings' In CPR 44.15 - Sebastian Bates, Temple Garden Chambers
Achille v Lawn Tennis Association Ltd [2022] Ewca Civ 1407. As Males LJ explained at [4], 'CPR 44.15 allows a defendant to enforce a costs order made against a claimant [in a personal injury case] to its full extent without needing permission from the court in three categories of case', namely...
Vulnerable witnesses: AXX v Zajac [2022] EWHC 2463 (KB) - Anisa Kassamali, Temple Garden Chambers
CPR Practice Direction 1A on the participation of vulnerable litigation in civil proceedings came into force in April 2021. The High Court (Master McCloud) considered the provisions for the first time in AXX v Zajac [2022] EWHC 2463 (KB)...
High Court Rejects Claimant's Application for Indemnity Costs: Evans v R&V Allgemeine Verischer [2022] EWHC 2688 (KB) - Grace Corby, Temple Garden Chambers
After succeeding on the substantive personal injury claim, the Claimant sought indemnity costs against the Defendant. While the Judge accepted that the Defendant's conduct had been imperfect, it was not sufficiently poor to warrant indemnity costs...
Judicial College Guidelines 16th Edition: Damages for Noise Induced Hearing Loss - Jim Hester, Parklane Plowden Chambers
Following my earlier article concerning Work-related Limb Disorders, this article concentrates on changes relevant for assessing damages for Noise Induced Hearing Loss under the 16th Edition of the JC Guidelines...
Case Summary: W v L - Steven Barke, Spencers Solicitors Limited
The Claimant, aged 51, was involved in a road traffic accident on the 24th December 2018 when the vehicle he was travelling in was struck from behind by the Defendant's vehicle. Liability for the accident was admitted by the Defendant representatives...
Medico-Legal Articles, Edited by Dr Hugh Koch
Legal Mind Case and Commentary No 40: Expert Witnesses, Beware Unconscious Bias - [Koch HCH, Jansen F, Maisey D and Natha F, November, 2022]
This month's Legal Mind Case and Commentary summarises and comments on an excellent article by Meera Shah in Bond Solon newsletter and recent PLC Dispute Resolution blog. It relates to comments made by A. Meltzer QC in November 2021 about the inappropriate conduct of two experts and advises against forming opinions of a claimant suggesting a level of unconscious bias...
Clinical Negligence Medicine by Dr Mark Burgin
Failing Negotiators in Public Services - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains how dysfunctional systems of negotiation within public services increase conflict with the public. Negotiation is a key skill with public services to manage disagreements particularly in situations where the service user does not pay for the service...