This site uses cookies.

July 2014 Contents

Welcome to the July 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.

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

 

Personal Injury Articles
Editorial: Partial Admissions and Tactics for Allocation - Aidan Ellis, Temple Garden Chambers
In a claim for credit hire charges (or indeed any special damages) which slightly exceeds the small claims track limit, can the Defendant avoid the cost bearing fast track by making a tactical admission for part but not all of that item of special damage? That was the issue before the Court of Appeal in...
Public Nuisance and Other Miscellaneous Provisions: How They Can Assist With Highways Cases - Andrew Mckie, Clerksroom
Chapter 9 from the new book 'Occupiers, Highways and Defective Premises Claims: A Practical Guide Post-Jackson' by Andrew Mckie. The following chapter is predominantly designed to deal with nuisance but will also look at other miscellaneous provisions in highways cases including highways cases involving...
Limitation; Calibrating Pre-Knowledge Prejudice - Andrew Roy, 12 King's Bench Walk
Collins v (1) Secretary of State for Business Innovation and Skills (2) Stena Line Irish Sea Ferries Ltd [2014] EWCA Civ 717. The time limit for bringing a claim for personal injury is three years from when the cause of action accrues (s11 Limitation Act 1980) or, if later, from when the claimant possessed...
Litigation Tips & Tactics in Highways Slipping and Tripping, Occupiers and Defective Premises Claims - Andrew Mckie, Clerksroom
Chapter 10 from the new book 'Occupiers, Highways and Defective Premises Claims: A Practical Guide Post-Jackson' by Andrew Mckie. One of the ways in which the claimant's lawyer can deal effectively with highways slipping and tripping claims, occupiers' claims and defective premises claims is not only in the quality of the evidence of the case and assessing the same together with the credibility of the witness but the litigation tactics one chooses to...
Counting the Costs of Improper Cost Management - Fraser Lindsay, 7 Harrington Street Chambers
In the brave new post Jackson/Mitchell world many will open their e-mails with trepidation in the fear that a new decision has been reached by the Higher Courts reemphasising the 'comply or die' ethos that appear to run through the heart of the Jackson' reforms.
Defective Premises Act 1972 and Claims Under The Landlord and Tenant Act 1985 - Andrew Mckie, Clerksroom
Chapter 11 from the new book 'Occupiers, Highways and Defective Premises Claims: A Practical Guide Post-Jackson' by Andrew Mckie. The Defective Premises Act 1972 represents an important piece of legislation when dealing with slipping and tripping claims that may occur on a landlord's premises...
Service of Supplementary Witness Statements in a Post-Mitchell World - Jack Harding, 1 Chancery Lane
In many cases the Court orders parties simultaneously to exchange witness statements. The rationale is clear: sequential exchange may well give one party an unfair advantage in terms of the ability to tailor the content of their own statements in response to the statements served by the other side...
The Future Of Slipping & Tripping Litigation - Andrew Mckie, Clerksroom
Chapter 12 from the new book 'Occupiers, Highways and Defective Premises Claims: A Practical Guide Post-Jackson' by Andrew Mckie. As the reader will have noted from this book, slipping and tripping litigation, although sometimes on its facts may appear to be fairly straightforward, one can see that how the case law...
Can the Limitation Act Really Be Suspended? - Tim Hirst, Parklane Plowden Chambers
"Standstill agreements" have become quite common, perhaps as a result of the effectiveness of the pre-action protocols. The version I have seen simply comprises an agreement that, "time will be suspended". Others refer to a "Time Stop" agreement. I assume that it was intended that the...
Bite Size RTA Case Law Update - Bronia Hartley, Zenith Chambers
Road traffic accidents are notoriously fact specific, but looking at those cases which go to trial can be helpful in terms of understanding what judges think is important. Here I look at three very different recent cases. In Jade Christian v. South East London & Kent Bus Co. the court...
Dunhill v Burgin: Litigation Capacity - Sam Chandler, Pupil at Five Stone Buildings
Litigation capacity is a live issue for any practitioner working in the field of personal injury law. A party who has suffered an injury with adverse consequences on their short or long term mental ability may well fall short of the required capacity threshold. If so, they will require a...
Rescued From an Error of Procedure - Ian Miller, 1 Chancery Lane
Rule 3.10 rescues parties where "there has been an error of procedure such as a failure to comply with a rule or practice direction". Where it applies "the error does not invalidate any step taken in the proceedings unless the court so orders". The question therefore is when an error is merely an error of...
Sweet Relief: To Mitchell or Not to Mitchell, That Is the Question - Andrew Sugarman & Gareth Price, Parklane Plowden Chambers
Andrew Sugarman and Gareth Price take stock of the position on relief from sanction following Mitchell and Denton...
Jackson on Jackson - Ian Miller, 1 Chancery Lane
"It was no part of my recommendations that parties should refrain from agreeing reasonable extensions of time, which neither imperil hearing dates nor otherwise disrupt the proceedings" said Jackson L.J. in Hallam Estates Limited v Teresa Baker [2014] EWCA Civ 661...
Legislating for "Statutory Common Sense" and Personal Injury Litigation? - Thomas Crockett, 1 Chancery Lane
A court considering a claim in negligence or breach of statutory duty may, in determining whether the defendant should have taken particular steps to meet a standard of care (whether by taking precautions against a risk or otherwise), have regard to whether a requirement to take those steps might...
Less of the Male, Pale and Stale? Judicial Appointment Statistics Published - Thomas Crockett, 1 Chancery Lane
The Bar is quite properly concerned about diversity amongst its ranks. However attention yesterday was paid to diversity amongst those who sit a little higher up than counsel in court...
The Mesothelioma Act 2014 - Alan Joliffe, IBB Solicitors
The Mesothelioma Act 2014 received Royal Assent at the end of January this year. This meant that the Secretary of State was in a position to set up a payment scheme providing for "substantial" payments to "some" mesothelioma sufferers in "some" circumstances and it was...
Referral Fee Ban Does Not Mean You Have to Become an ABS - Simon Gibson, SGI Legal
It's clear it's been a bumpy ride for some PI firms these past 18 months. Many have adapted well, those that haven't have exited the market, or gone bust in defiance. Some legal and insurance firms have gone the extra mile and formed an Alternative Business Structure to ensure...
Greater Clarity From SRA for Successor Practices Is Needed - Simon Gibson, SGI Legal
With law firms looking to find ways to create new revenue streams and remain on-side with LASPO, the Solicitors Regulation Authority (SRA) and Professional Indemnity Insurers need to issue proper guidance on when those buying work-in-progress will be considered a...
We're on the Right Road in Whiplash Journey - Philip Waters, Your Legal Friend
Philip Waters, RTA solicitor, Your Legal Friend responds to the Transport Select Committee's recent report: Driving premiums down: fraud and the cost of motor insurance.
Whiplash and Co, A Different Slant - Richard Scott-Watson, RSW Medico Legal Ltd
Whiplash Associated Disorder is itself associated with a number of other conditions some of which can manifest in the early stages and some which may not appear until later. It is a common complaint that at or near the time of the accident the claimant suffered some form of...
Celebrating 25 years of PPOs - Richard Fraser, Frenkel Topping
Cathy Kelly is a living, breathing case for structured settlements, says Richard Fraser.
Summary of Recent Cases, July 2014
Here is a summary of the recent notable court cases over the past month.
PI Practitioner, July 2014
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area.
Medico-Legal Articles, Edited by Dr Hugh Koch
Treating Trauma Amongst People on the Autistic Spectrum Disorder - Dr Laura Findlay, Clinical Psychologist with Applied Psychology Solutions & Dr Kathryn Newns, Clinical Psychologist with Hugh Koch Associates
Traumatic events can overwhelm a person's ability to cope and can lead to serious long-term negative consequences for their mental health (in PI work we see individuals following trauma who are experiencing psychological symptoms such as anxiety, depression, phobic responses, and sometimes more severe responses such as acute stress disorder or post-traumatic stress disorder)...