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February 2014 Contents

Welcome to the February 2014 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.

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Personal Injury Articles
Slam Ons/Induced Accidents - Andrew Mckie, Clerksroom
Chapter 4 of 'RTA Allegations of Fraud in a Post-Jackson Era: The Handbook' by Andrew Mckie. There are a number of potential warning signs of a staged/induced accident. A staged/induced accident may be broadly defined as a vehicle which slams on its brakes for no reason in order to induce an accident. A common scenario may be...
An Update on Anonymity Orders for Children and Protected Parties - Elizabeth-Anne Gumbel QC & Henry Witcomb, 1 Crown Office Row
The position in respect of the Court's exercise of discretion in granting anonymity orders for children and protected parties who are claimants in personal injury and clinical negligence claims remains unclear. In the case of JXMX ( A child suing by his mother and litigation friend AXMX) v Dartford & Gravesend NHS Trust...
Quinn Insurance Limited v (1) Mrs Nazan Alintas (2) Ms Yesim Yurtsever - Tim Sharpe, Temple Garden Chambers
A brought proceedings in the County Court in which she alleged that Q's insured driver had caused a road traffic accident. A and Y claimed that Y was an independent witness to the accident who did not know A. Q served evidence that A and Y knew each other. Q also alleged that A had failed to disclose...
Fraud Rings: How to Identify and Investigate - Andrew Mckie, Clerksroom
Chapter 3 of 'RTA Allegations of Fraud in a Post-Jackson Era: The Handbook' by Andrew Mckie. A fraud ring may be broadly defined as a group of one or more road traffic accidents which share a common dominator as part of the alleged fraud, and it may be the accident management company, the hire company, the storage company, the Claimant, a group of...
Staged/Contrived Accidents: The Fraud of Choice? - Andrew Mckie, Clerksroom
Chapter 2 of 'RTA Allegations of Fraud in a Post-Jackson Era: The Handbook' by Andrew Mckie. Spotting the Warning Signs. An alleged staged and/or contrived accident, may be defined as an attempt by an individual, or a group of individuals, in order to obtain monies by either by submitting a claim to an insurance company for an accident which did not occur, ie a contrived accident, or deliberately crashing vehicles into each other on purpose, for the purposes of making claims for compensation.
Proceeding Down a Blind Alley: Tasleem v Beverley - Roger Mallalieu, 4 New Square
On the 6th November 2013 a surprisingly powerful constitution of the Court of Appeal, led by the Chancellor of the High Court and including Lady Justice Hallett, the Vice President of the Court of Appeal (Criminal Division) gave judgment in the joined cases of Tasleem v Beverley...
Editorial: Costs Management - Aidan Ellis, Temple Garden Chambers
The (relatively) new costs budgeting provisions are producing some interesting results, aside from providing the background to the Court of Appeal decision in Mitchell v News Group Newspapers. One consequence of the reforms is that a Costs Management Conference is often required, particularly where...
Fixed Costs - Shannon Eastwood, Atlantic Chambers
The fixed costs for RTA, EL, PL claims under the Portal; The escape provisions for cases that fall out of the Portal; The fixed costs applicable for those cases; and The contentious issues which are likely to arise. As part of the 'Jackson reforms', the following significant changes were made to the fixed costs regime...
Civil Restraint Orders: Some Guidance from the High Court - Thomas Crockett, 1 Chancery Lane
The imposition of a Civil Restraint Order ("CRO") is among the most draconian sanctions available to the civil courts. They prevent a party from making applications or issuing claims without the same first being vetted by a judge. There are three types of CRO...
Scuppered by the Athens Convention - Ian Miller, 1 Chancery Lane
The Athens Convention has long been a trap for the unwary claimant who either doesn't appreciate that accidents at sea are governed by the Convention or that there is currently a 2 year limitation period. Most of the reported cases on the Convention deal with the consequences of...
Post-Mitchell: Relief from Sanctions in Practice - Rhiannon Lewis, 1 Chancery Lane
As practitioners continue to the grapple with the realities of the post-Mitchell climate, several reported decisions are beginning to demonstrate how the courts are applying the "new more robust approach" to applications for relief from sanctions.
The Problem With Some Uncooperative Litigation Friends - Thomas Crockett, 1 Chancery Lane
What happens when you are involved in litigation where a party's interests (either your client or the other side's) are represented by litigation friend who refuses to cooperate with you or other people involved in the case? In many cases, surely the answer is...
Case Report: (A) (A Child by her mother and Litigation Friend) v Guy's & St Thomas Hospital NHS Foundation Trust - Antonia Jones, Stewarts Law
The Claimant was born on 29 January 1996. In March of 2011 she brought proceedings alleging that she had sustained brain damage during her mother's labour as a consequence of breaches of duty on the part of the Defendant. In essence she alleged that she had suffered from...
On the Cusp of Change in Modern Dispute Resolution - Andrew Goodman, 1 Chancery Lane
Towards Greater Acceptance of Evaluative Mediation, Early Neutral Evaluation, Expert Determination, and Flexible Hybrids. The market for ADR provision in p.i. claims is changing. The success of round tables and orthodox mediation is apparent, but there is still significant downward pressure on cost. Insurers and other...
Mitchell Revisited - Jeff Pedley, Whitfields Solicitors
The consequences of the legal Tsunami which struck in late 2013 continue to cause chaos and devastation whereby the unwary may suffer severe financial loss. This article is intended to review some recent cases, following Mitchell, and to suggest a way in which the liability for consequential losses, may be avoided.
Courts Reform (Scotland) Bill - Scott Whyte, Watermans Solicitors
The Court Reform (Scotland) Bill was recently published by the Scottish Government, bringing to an end a four year period in which the shadow of Lord Gill's review of the civil courts in Scotland has hung over civil litigators and in particular personal injury lawyers.
M&A Activity in the PI Market - Lesley Graves, Citadel Law
Fevered activity in the PI market has led many firms to consider their strategic future and so it seems an opportune moment to pause and reflect on some of the deals done to date and the options left for those that remain.
Bad Business for Everyone - Bill Braithwaite QC, Head of Exchange Chambers
Sympathy and understanding are so important for a claimant lawyer, but I suspect that one result of all the changes which are currently taking place in the personal injury market is that practitioners will not have the time or the money to be sympathetic and understanding.
Summary of Recent Cases, February 2014
Here is a summary of the recent notable court cases over the past month.
PI Practitioner, February 2014
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Passengers of Drink Drivers & Contributory Negligence
Medico-Legal Articles, Edited by Dr Hugh Koch
Has This Child Been Traumatised by an Event or is Their Behaviour Normal? - Dr Kathryn Newns
Parents are often very concerned about the impact of a car accident or traumatic event on their child, even if that child is very young. However, does what makes an event traumatic for an adult apply in the same way to a child, and how do we know whether a child has developed clinically significant symptoms following a traumatic event...

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