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March 2024 Contents

Welcome to the March 2024 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
Permission granted to withdraw admission made 3 years earlier - Nancy Kelehar, Temple Garden Chambers
West v Bedfordshire Hospitals NHS Foundation Trust [2024] 2 WLUK 516. Date of Judgment: 28/02/2024. In these proceedings relating to a wrongful birth claim, the second defendant is a private ultrasound services company. In 2015, it had provided its services to the claimant following which the claimant's daughter was born with spina bifida. The claimant's case is that the foetal abnormalities should have been visible on those scans and resulted in further assessments. The 7-day trial on liability is listed for...
Far from too remote: Armstead v Royal & Sun Alliance [2024] UKSC 6 - Amy Lanham Coles, Temple Garden Chambers
The Claimant was involved in an accident, whilst she was driving a vehicle she had hired on credit from Helphire. The driver of the other vehicle, who was insured by the Defendant insurer, admitted liability for the accident. The credit hire car needed to be repaired and the credit hire agreement stipulated at Clause 16 that the Claimant was liable to pay the daily (credit hire) rental rate for loss of use of the car for each day the vehicle was unavailable during the repairs. The issue was whether the Claimant could...
Supreme Court Practice Note: 7 March 2024 - Amy Lanham Coles, Temple Garden Chambers
Be aware that the President of the Supreme Court issued a practice note on 7 March 2024 designed to encourage junior counsel to take a more prominent role in advocacy in the highest court...
In costs budgeting, comparison of the parties' respective budgets is a relevant consideration - Nancy Kelehar, Temple Garden Chambers
Woolley v Ministry of Justice [2024] EWCA 304 (KB). Date of Judgment: 16/02/2024. Costs budgets in a claim valued up to £80,000 were prepared in May 2023. The claimant's budget totalling £121,886 was based on a 5-day trial, whereas the defendant's budget totalling £58,984 was based on a 2-day trial. The CCMC was listed for 2 June 2023. Prior to the CCMC, the claimant agreed to the defendant's budget whilst noting their 'reservations that your budget is pitched tactically and unrealistically low'...
Clinical Negligence Medicine by Dr Mark Burgin
Claimants are not fundamentally dishonest - Dr Mark Burgin
Dr Mark Burgin explains how claimants are accused of being fundamentally dishonest due to systemic problems in the PI industry and should challenge these judgements. The last reported figures on fundamental dishonesty 'S57' cases indicates that roughly 1 in 500 cases fail in this way. The effects on the person can be devastating, they can lose their houses with fines reported as in the 10s of thousands of pounds. The reasons vary from fake invoices, excessive physio and overstating injuries...
How To Speed Up Your Legal Case - Dr Mark Burgin
Dr Mark Burgin takes a light-hearted view of why legal cases take so long to resolve and what a claimant could do to speed things up. If you are involved in any legal proceedings and do not have an expert report then things are going to be bad. The courts expect expert reports and do not like to read through statements from claimants. They do not trust solicitor's pleadings and are looking for an independent point of view. The expert's report is...