March 2015 Contents
 Welcome to the March 2015 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles and take the CPD quiz. Please remember to fill in our quick feedback form after you have finished. CPD Quiz The quiz is designed to meet the CPD requirements of the SRA and the BSB. It provides 1.5 hours accredited distance learning. Law Brief Publishing Ltd is registered with the Solicitors Regulation Authority for England and Wales, ref EGB/LBPL, and with the Bar Standards Board. The CPD is also valid for cILEX (formerly ILEX) members and for members of the Chartered Insurance Institute (CII). Please check with the relevant organisation for full details of their CPD rules. Take the CPD Quiz Feedback Form CPD Information
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| Personal Injury Articles | |
 Vehicle Related Damages, Credit Hire and Taxi Claims - Andrew Mckie, Clerksroom Chapter Seven from the book 'RTA Personal Injury Claims Post Jackson: A Practical Guide' by Andrew Mckie. For any fee earners dealing with RTA claims, one of the most important areas is vehicle related damages and taxi claims. This area of practice will often form one of the most challenging areas since it is often, for the insurer, the most significant part of the case... |
 Litigation Tactics - Andrew Mckie, Clerksroom Chapter Nine from the book 'RTA Personal Injury Claims Post Jackson: A Practical Guide' by Andrew Mckie. It is arguable that the Witness Statement is likely to be the most important document in the entire case for both the Claimant and the Defendant. It may be argued that an entire case can turn upon the contents of the Witness Statements and, therefore, it is... |
 Editorial: Basic Hire Rates - Aidan Ellis, Temple Garden Chambers The Court of Appeal decision on Basic Hire Rates in Stevens v Equity Syndicate Management Ltd [2015] EWCA 93 is attracting considerable debate, with four articles in this month's journal alone. Is it confusing decision which conflicts with earlier authority as one article argues, or will it usher in a logical and straightforward approach as another article hopes? |
 Part 36 Continues It's Perilous Journey - Gary Beazleigh, Plexus Law The confusion surrounding Part 36 has been challenging for practitioners wading through the negotiation process for some time. In an attempt to introduce further clarity and encapsulate the case law that has evolved in recent years Part 36 has been updated in the 78th CPR amendment due to come into effect on 6th April 2014... |
 Liability Scenarios - Andrew Mckie, Clerksroom Chapter Eight from the book 'RTA Personal Injury Claims Post Jackson: A Practical Guide' by Andrew Mckie. It may be argued that a road traffic accident liability dispute can sometimes be as complicated, if not more complicated, than other types of accidents such as employers legality claims, public liability or occupiers claims... |
 Employers' Liability: Nabelsi v Dudley MBC - James Neale, DWF James Neale extracts some useful pointers from the successful defence of a recent employers' liability claim involving a snow and ice slip and breach of duty... |
 Rad Hamed: Clubs, Cardiologist and an Avoidable Tragedy - Laurence Vick, Michelmores The recent High Court judgment in favour of Rad Hamed, the 'extremely gifted and dedicated' young footballer who suffered a cardiac arrest and devastating brain damage when he collapsed playing in his first match for the Tottenham Hotspur youth team, raises a number of issues that have been gestating in the sports world for some time... |
 A Confusing Approach to Basic Hire Rates - Richard Wilcock, Palmyra Chambers On the 3rd March 2015, the Court of Appeal delivered the latest assault on credit hire litigation in Stevens v Equity Syndicate Management Ltd. The Judgment delivered by Kitchin LJ and approved by Jackson & Floyd LJs considered the somewhat thorny issue of the calculation of the Basic Hire Rate or 'BHR'... |
 Beat The QOCS: Costs in Personal Injury Claims Following Jackson - Patrick West, St John's Chambers Patrick West looks at the growing impact of one of the most important costs consequences of the Jackson reforms and what it means for Claimants and Defendants seeking to recover their costs... |
 Vehicular Trespass to the Person; Battery, Self-Defence, Ex Turpi Causa and Volenti Non Fit Injuria - Andrew Roy, 12 Kings Bench Walk Flint v (1) Tittensor (2) MIB [2015] EWHC 466 (QB). 1. This case provides an enlightening illustration of the liability principles applicable when a driver uses his vehicle deliberately to inflict force on another person... |
 Protecting the Public Purse: Fighting Fraud Against Local Authorities - Jonathan Collins & Fiona James & Denise Brosnan & Arun Chauhan, DWF The team examines the recently published report by the Audit Commission "Protecting the Public Purse 2014: fighting fraud against local government" and draw out the key issues and recommendations for local authorities... |
 Occupiers' Liability: When an Inspection May Not Be Reasonable Enough - Liz Harrison & Perry Hill, DWF Liz Harrison and Perry Hill review the recent case of Butcher v Southend-on Sea Borough Council (2014) in which the Court of Appeal considered whether the existence of a system of inspection was sufficient to defeat a claim for personal injury brought under the Occupiers' Liability Act 1957... |
 A Logical Approach to BHR - Jamie Whaling, Browne Jacobson LLP The Court of Appeal has handed down a significant judgment in a test case on basic hire rate (BHR) evidence. The decision in Stevens v Equity Syndicate Management Limited, which is set to clarify the view adopted by lower courts, is likely to be seen as a decisive, if not quite fatal, blow to credit hire organisations... |
 A New Approach to Basic Hire Rates: Karl Stevens v Equity Syndicate Management Ltd [2015] EWCA Civ 93 - Isaac Hogarth, 12 King's Bench Walk In arguably the most important decision on the calculation of the basic hire rate (BHR) in credit hire litigation since Bent v Highways and Utilities Construction (No. 2) [2011] EWCA Civ 1384, the Court of Appeal has provided a new, simple and Defendant-friendly... |
 Accidents Abroad, the Need for Evidence of Local Standards: Lougheed v On the Beach Ltd [2014] EWCA Civ 1538 - Elliot Kay, Zenith Chambers A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator. The Court of Appeal overturned the first instance decision where there had been no evidence of... |
 A Stark Reminder to Comply: Cox v Woodlands Manor Care Home Ltd [2015] (Unreported) - Johanne Johnston, John M Hayes This case was heard in the Court of Appeal in January 2015 when the Cancellation of Contracts made in the Consumer's Home or Workplace etc. Regulations 2008 were put in the spotlight. With potentially far reaching effects for the recoverability of... |
 The Enterprise and Regulatory Reform Act 2013: Good News for the Public Sector? - Sue Howes & Paul Donnelly, DWF Balancing the burden of health and safety legislation, whilst maintaining progress in health and safety outcomes is an ongoing challenge for the all businesses and the public sector is no exception. Section 69 of The Enterprise and Regulatory Reform Act 2013 ("the ERRA") sought to address this balance... |
 Latest Portal Company Data Shows Trends Which Are Not Easy to Ignore - Simon Denyer, DWF February's data from the Portal Company seems to confirm the view that the reductions in the number of new claims which we had seen to all 4 of the portals over the last 2 months were merely temporary, and capable of being explained by short-lived factors such as the need for seasonal adjustments over the Christmas period... |
 Choosing Your Ground: Early Prevention, the Employment Tribunal and Injuctions in Stress at Work Claims - Liam Ryan, Ely Place Chambers Liam Ryan considers the impact the Equality Act 2010 can have in cases of Stress at Work cases, namely in pre-empting, strengthening and preventing claims. He also considers how injunctive relief may feature in cases involving Stress at Work post the decisions of Chhabra v West London Mental Health NHS Trust [2014] 1 All E.R. 943 and Hendy v Ministry of Justice [2014] EWHC 2535 (Ch). |
 A Brief Guide to The Insurance Act 2015 - James Gibbons, Browne Jacobson LLP The Insurance Act 2015 ("the Act") has brought about the most significant changes to commercial insurance law in over 100 years. The changes will come into force in August 2016. A brief overview of the most significant changes is set out below... |
 Karl Stevens v Equity Syndicate Management Limited: Counsel's Briefing Note - Steven Turner, Park Lane Plowden Chambers Steven Turner, Counsel for the Respondent in this groundbreaking case gives his analysis of the Court of Appeal decision. It is no exaggeration to say that the result in Stevens will be a hammer blow to credit hire companies who, going forward, can expect to recover no more than the lowest reasonable rate charged by one of the main hire companies... |
 Heracles, the Hydra and Basic Hire Rates - Ian Miller, 1 Chancery Lane In Greek mythology the Hydra was a serpent-like water monster with many heads. For every head cut off it grew two more. It had poisonous breath and blood so virulent that even its tracks were deadly. Credit hire claims are like the Hydra... |
 Loss of Future Earning Capacity: the Ogden Approach - Caroline Hickerton, DWF In Billett v Ministry of Defence (2014) the High Court had to assess a claim for future loss of earnings. In doing so, Andrew Edis QC considered how to apply, if at all, the reduction factors in Tables A and B of Ogden 7 and the Equality Act 2010 definition of 'disabled'. Caroline Hickerton analyses the judgment and its implications. |
 Totham v Kings College Hospital NHS Foundation Trust (2015): Rehabilitation & the Lost Years - Daniel Clegg, DWF The recent judgment in Totham v Kings College Hospital NHS Foundation Trust (2015) covers a range of issues involved in the quantification of damages following a brain injury sustained at birth. Dan Clegg examines the judgment's key themes, which include consideration of future loss of earnings in the 'lost years', how to approach claims for commercial care and... |
 Personal Injury Case Review Scotland 2014: Part 2 - Douglas McGregor, Brodies LLP A look back at some of the significant and interesting Scottish personal injury decisions from 2014 continues with cases involving children & limitation, a slippery car park, evidential problems caused by an inability to recall events, duties while driving in the dark and an employers' liability for a fall on snow... |
 Summary of Recent Cases, March 2015 Here is a summary of the recent notable court cases over the past month. |
 PI Practitioner, March 2015 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: JX MX v Dartford & Gravesham NHS Trust |
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| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Diagnosis of PTSD: What Part Does the Traumatic Event Play? - Dr Rachael Tanner With the recent publication of DSM V, which has reviewed and updated diagnostic criteria for all listed psychiatric disorders, it is perhaps timely to re- consider the diagnostic criteria for Post Traumatic Stress Disorder (or PTSD) as controversy regarding this disorder has existed since its inclusion in DSM III (1980). Brewin et al (2009) provide a helpful summary of the issues and draw some useful conclusions for clinicians and other professionals working with those affected by trauma. |
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![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
