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January 2015 Contents

Welcome to the January 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.

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Personal Injury Articles
Public Liability and Highways Claims Post-Jackson: The Portals - Andrew Mckie, Clerksroom
Chapter Three from the book 'RTA Personal Injury Claims Post Jackson: A Practical Guide' by Andrew Mckie. The public liability (PL) portals came into effect on 31 July 2013. Any book looking at slipping and tripping claims post-Jackson, would not be...
Public Liability and Highways Claims Post-Jackson: Part 36 and Litigation Tactics - Andrew Mckie, Clerksroom
Chapter Two from the book 'RTA Personal Injury Claims Post Jackson: A Practical Guide' by Andrew Mckie. It is clear that in relation to post-Jackson, post 31 July 2013 highways and public liability cases, the incentives for defendants and insurers to settle...
Editorial: The Luxury of Attending Trial - Aidan Ellis, Temple Garden Chambers
At a number of costs and case management conferences recently, I have noticed District Judge's refusing to budget for a solicitor to attend trial on the basis that having a solicitor attend trial is a "luxury". I disagree...
Not So Cut and Dry When It Comes to Hairdressing Injuries - Nicola Perry, Bartletts Solicitors
Earlier this month, Nia Griffith MP made a call in a parliamentary debate for hairdressers to be subject to a compulsory state register. Whilst there has been no indication from the government that this suggestion will be implemented it does highlight the difficulty with...
Advising on a Secondary Victim Claim? December 2014 Produced a Trio of New Cases Considered by Charles Bagot of Hardwicke
If you are struggling to pin down the relevant principles when advising in a secondary victim case this should be no surprise. As Lord Hoffmann observed: "It seems to me that in this area of the law, the search for principle was called off in Alcock v. Chief Constable...
QOCS: Testing Boundaries - Jamie Carpenter, Hailsham Chambers
In a system of civil litigation in which the general rule is "loser pays", qualified one-way costs shifting (QOCS) is one of the more radical of the Jackson reforms. Although the English legal system is used to restrictions on costs recovery in publicly funded litigation...
Without A Safety Net: Litigating Employers' Liability Claims after the Enterprise Act - Andrew Roy & Vanessa Cashman, 12 King's Bench Walk
Section 69 of the Enterprise and Regulatory Reform Act 2013 repealed section 47 of the Health and Safety at Work, etc. Act 1974. The latter accorded a civil right of action for a breach of the regulations created under the HSWA 1974 except so far as...
Extensions of Time to File Notices of Appeal and Relief From Sanctions - Ruwena Khan, Zenith Chambers
R (on the application of DINJAN HYSAJ) v Secretary of State for The Home Department: Fathollahipour v Aliabadibenisi: May v Robsinson [2014] EWCA Civ 1633. CPR r.3.9 rears its growling head again...but a more robust approach, nevertheless, should...
Loss of Earnings, Loss of "Perks" and Chances of Promotion: A High Court Example - Gordon Exall, Zenith Chambers
The case of Downing -v- Peterborough & Stamford Hospitals NHS Foundation Trust [2014] EWHC 4216 (QB) provides an interesting example of the court assessing damages in a case where liability was agreed. Here we look at the judge's approach to...
Courts Reform (Scotland) Act 2014: Big Changes Ahead in Personal Injury Litigation in Scotland - Douglas McGregor, Brodies LLP
On 10th November 2014, just over five years after the publication of Lord Gill's Scottish Civil Courts Review, the Courts Reform (Scotland) Act 2014 received Royal Assent. As a result, the coming year will see steps taken which will radically alter...
A Prediction for 2015: Costs Budgeting is Doomed - Ian Miller, 1 Chancery Lane
With the new year come predictions as to what will happen in 2015. Tom Standage of the Economist predicts that our smart phones will become smarter with the use of anticipatory or predictive intelligence - our phones may suggest we leave...
Application of Procedural Rules and Litigants-in-Person - Thomas Crockett, 1 Chancery Lane
There can be little doubt that modern litigation involves the increased presence of people representing themselves in court. Particularly amongst some kindlier judges (in all courts) there could be said frequently to be a culture of...
Applications for Payments on Account of Costs - Matthew Hoe, Jaggards & Taylor Rose Law
An application for a payment on account of costs is the jet pump of cashflow. Beware of it reversing the flow. More claimants are now applying for payments on account of costs in the early stages of costs negotiations or detailed assessment proceedings...
Personal Injury, Negligence and COP Lawyers Need to Understand Special Educational Needs (SEN) - Ed Duff, Boyes Turner
On 1st September 2014, the most significant change in special educational needs (SEN) law for 30 years took effect due to the Children and Families Act 2014. This has increased the scope of support for children and young people. It means that PI...
Whither (Withering?) Success Fees - Alan Bacon, BTMK Solicitors LLP
Should we be deducting success fees from our client's damages in successful personal injury and clinical negligence claims? After some initial hesitation my firm have decided not to do so and our Conditional Fee Agreements (CFAs) with...
Prosecution of PI Fraud - Thomas Crockett, 1 Chancery Lane
Any regular reader will be aware that I have an interest in fraudulent personal injury claims, being involved as I am in numerous cases where a vast range of fraud is alleged by Defendant parties...
Experts and Mental Capacity - Bill Braithwaite QC, Head of Exchange Chambers
Still on the subject of experts, I read two reports about a client's mental capacity recently, which emphasised to me the need for skilled legal management of evidential problems...
Rome II and the Law of the Tort - Matthew Chapman, 1 Chancery Lane
Those with an interest in the Rome II Regulation (there must be someone else out there) may already be familiar with the recent decision of Slade J in Winrow v Hemphill & Anor. [2014] EWHC 3164 (QB). This short piece focuses on one aspect of the judgment...
Back to Basics in Occupiers Liability - Flora Wood, Ashfords Solicitors
The recent case of Burtcher v Southend-on-Sea BC helps to identify those cases where a system of inspection and risk assessments is crucial to a successful defence, and those where it makes no difference because the hazard is...
European Group for Legal Expertise - Barry Turner, University of Lincoln
On the 9th July 2014 a project was undertaken by members of the European Judiciary, Lawyers, Expert Witnesses and Legal Academics to reach a European consensus on the best practices in civil judicial expertise and to draft a European Guide to...
It's All Down to Evidence - Bill Braithwaite QC, Head of Exchange Chambers
I know there's an element of repetition about my blogs, but I think that's because some points crop up again and again, and seem to me to be fundamentally important. Sometimes, when I read reports of cases which have been decided by the courts, I'm amazed that...
Summary of Recent Cases, January 2015
Here is a summary of the recent notable court cases over the past month.
PI Practitioner, January 2015
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: A 25% Deduction From Child Settlement Awards
Medico-Legal Articles, Edited by Dr Hugh Koch
Untangling Complex Presentations: Physical Conditions Which 'Mimic' Psychological Symptoms - Dr Jon Willows & Josh Williams
The accurate and reliable assessment of the breadth, severity and duration of psychological symptoms is central to psychological medico-legal enquiry. Within this context, the attribution of psychological symptoms in relation to a given 'index event' (for example a road traffic accident or an injury at work) is of central importance...