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October 2016 Contents

Welcome to the October 2016 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
Part 36 in Personal Injury Claims - Matthew Rose, Clarion Solicitors
I was recently instructed in relation to an RTA claim in which, following submission of the claim notification, form the defendant had written to the claimant stating that it had LVI concerns which, it said, required further investigation. The claimant thereafter wrote to the defendant confirming that due to the concerns raised, the matter was no longer suitable for...
What Effect Will Brexit Have on Health and Safety at Work? - Mike Kemp, Thorntons
Narrow though the victory may have been, Britain has voted for Brexit. Whether you voted Leave or Remain it is unquestionable that the consequences of Brexit will loom large in the months and years to come. It is still unclear as to whether Britain will have access to the free market and what impact, if any, this will have on the free movement of people. Immigration was a key issue in the campaign but less discussed was the impact Brexit would have on health and safety law in this country, much of which is made and agreed upon at European level. What effect could that have on personal injury claims arising from accidents at work?
QOCS and Discontinuance - James Bentley, Guildhall Chambers
As it stands, there is no authority on how QOCS fits with discontinuance. However, there have been multiple county court decisions on the issue. Magon v Royal Sun Alliance (Unreported, 26th February 2016, Central London County Court) is the latest of those cases and makes interesting reading for those worried about the effect of discontinuance and QOCS in claims where fundamental dishonesty is not alleged...
The Cost of Admissions - Luke Ashby, Kings Bench Chambers
When an admission has been made that takes a would be fast track case into the small claims track should a Defendant pay fast track costs up to the date of the admission or up to the date of Judgment? In Cameron v Office Depot (UK) Ltd. (13 July 2016) the County Court found fast track costs should be ordered until Judgment...
Assistive Technology Claims - Andrew Williams, Exchange Chambers & Donna Cowan, Colin Clayton Assistive Technology Ltd
It's hardly surprising that a severely injured claimant may require specialist IT equipment for leisure, education, communication or to counter specific disabilities. But Assistive Technology ("AT") is a head of claim that can strike uncertainty into even the most bullish of lawyers...
Collateral Lies & Fundamental Dishonesty - Aidan O'Brien, Farrar's Building
Personal Injury practitioners would be well advised to heed the recent Supreme Court decision in Versloot Dredging BV & anor v HDI Gerling Industrie Versicherung AG & ors [2016] UKSC 45, relating to 'collateral lies' and 'the fraudulent claim rule'...
'Litigation Is Not a War or Even a Game': Recent Decision Is a Timely Reminder for Parties to Put Their 'Cards on the Table' - Andrew Cullen, Barrister
The first instance decision in Nicole Chapman v Tameside Hospital NHS Foundation Trust [2016] highlights the importance of compliance with the pre-action protocol. A failure to do so can have substantial cost consequences.
No Duty to Warn of the Obvious - Jack Jarding, 1 Chancery Lane
The Court of Appeal handed down judgment today in the eagerly anticipated appeal in Edwards v London Borough of Sutton (2016).The claim concerned the duty owed by occupiers for structures present on their land. The Claimant was pushing a bicycle over a small ornamental footbridge which passed over a stream in a park owned and occupied by the London Borough of Sutton. The bridge was humped and had obviously low parapet sides...
Editorial: New Edition of Ellis and Kevan on Credit Hire - Aidan Ellis, Temple Garden Chambers
This month I have been putting the finishing touches to an updated edition of Ellis and Kevan on Credit Hire. When I completed the previous edition, I remember thinking that credit hire had been around for so long and credit hire cases argued so often, that surely most of the legal issues had been resolved. It turns out, however, that once one issue is resolved another soon rises to take its place...
Sorry: Is It the Hardest Word? - Nicola Edgar, Morton Fraser Lawyers
The Apologies (Scotland) Act 2016 received Royal Assent earlier this year and will come into force in December. The main driver for the Act is the idea that fear of litigation prevents Scots from apologising. This has a negative impact on our society as the lack of an apology can lead to people raising court actions, at great expense, as they feel they have no other recourse. Therefore, it is hoped that the Act will encourage a social and cultural change in attitude towards giving apologies by providing legal certainty that an apology will not be used against them in later civil proceedings as evidence of liability...
What's Leading to the Reduction in Employer's Liability Claims? - James Barker, Kirwans
Recent statistics show that the number of Employers' Liability (EL) claims have reduced in recent years, with Verdict Financials UK Personal Injury Litigation 2016 report identifying sharp declines in EL claims recorded in 2015-16...
What Does Brexit Mean for Motor Insurance? - Malcolm Johnson, BL Claims Solicitors
24/10/16. Brexit means legal changes - and one area of substantial change will be the rights of injured motorists against the Motor Insurers Bureau. The European Union has issued six Motor Insurance Directives since 1972. The effect of these Directives is to harmonise the minimum standards for motor insurance across Europe. This means that a motorist from the UK can drive across the European Union knowing that his insurance will be legal in all the Member States. Motorists are advised to "up" their insurance when they drive abroad, but the point is that everyone has the same minimum rights...
Have You Lost Your Appeal? - Charles Bagot, Hardwick
Charles Bagot provides a rough guide to changes to the rules on Appeals. Significant new appeal rules (via a new CPR 52) came into force on 3 October; The proposed changes to the threshold test for appealing have not been included...
Late Amendments, Strike Outs, Summary Judgment & Remote Heads of Loss - Thomas Crockett, 1 Chancery Lane
The High Court has recently handed down judgment in Gonul Guney v Kingsley Napley & Anor [2016] EWHC 2349 (QB). This was a professional liability claim based on the Claimant's retainer of the Defendant solicitors, in respect of litigation concerning the estate of the Claimant's father. It touches upon a number of issues of interest to those involved in a broad range of civil litigation...
Knocked Down in Greece: EU Law, Brexit, and Broken Legs - Ross Beaton, Lamb Chambers
Hardly a day goes by without another story about how hard it will be for Britain to extricate itself from the EU. What will happen to banking regulations? What about immigration? Beyond the marquee issues, though, the questions go much further. Whoever thought that compensation schemes for accidents involving uninsured drivers would be affected? That they will be is clear from Moreno v MIB [2016] UKSC 52. As the Court commented...
Top 10 Tips to Cutting Expert Costs in Clinical Negligence - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains how generalist experts can reduce the costs of both low value and high value clinical negligence cases...
Zane Gbangbola Inquest: Coroner Delivers Findings - Nicola Atkins, 1 Chancery Lane
The Senior Coroner for Surrey, Richard Travers, has delivered his Findings and Conclusions in the Inquest touching the death of Zane Gbangbola, who died at his home in Chertsey, Surrey, during the night of 7th February 2014...
Summary of Recent Cases, October 2016
Here is a summary of the recent notable court cases over the past month.
PI Practitioner, September 2016
Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area.  This month: RTA Protocol Stage 3 Procedure - The Defendant's Evidence
An Update from North of the Border, Edited by John Wilson & Lauren Pasi, Brodies LLP
North of the Border: The New Simple Procedure in Scotland: How Will It Affect Credit Hire Claims? - John Wilson, Brodies LLP
On 28th November 2016, Simple Procedure will be introduced to Scotland's Sheriff Courts. This procedure will apply to non-injury claims worth £5,000 or less. In this article, John Wilson looks at how, following Peter Chatterton v AXA Corporate Solutions (2016 WL04772382), Scottish credit hire claims may now be addressed under this new procedure...