April 2020 Contents
 Welcome to the April 2020 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles. CPD Note that there are no new monthly CPD quizzes since the SRA and the BSB have both updated their CPD schemes to eliminate this requirement. Reading PIBULJ articles can still help to meet your CPD needs. For further details see our CPD Information page.
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| Personal Injury Articles | |
 FREE CHAPTER from 'A Practical Guide to the Pre-Action RTA Claims Protocol for Personal Injury Lawyers' by Antonia Ford The aim of this book is to provide a practical guide to all stages of the RTA Protocol to assist in the handling of pre-litigation claims and inform Practitioners of the potential impact that pre-litigation decisions may have on future litigation.... |
 Credit Hire and Fundamental Dishonesty - Aidan Ellis, Temple Garden Chambers For many years, the claimants in credit hire cases were habitually described by Judges as honest witnesses, perhaps confused about the detail of the contractual arrangements but always trying their best to assist the court. However, the growing judicial awareness of the problem of fraudulent claims in soft tissue injury cases and the increasing reliance on section 57 of the Criminal Justice and Courts Act 2015 means that... |
 Andrea Brown v Comissioner of Police of the Metropolis & Others [2019] EWCA Civ 1724: The Court of Appeal addressed the application of QOCS in 'mixed' claims - Ian Meikle, Civitas Law AB had brought actions relating to allegedly wrongful use of personal data, claiming damages for personal injury, for breach of the Data Protection Act 1998 (“DPA”) and the Human Rights Act 1998 ('HRA') and for breach of contract, misfeasance in public office and the misuse of private information. Her claim was therefore 'mixed' (i.e. included claims for personal and injury and otherwise) for the purposes of CPR 44.13-44.16... |
 Do not stand on ceremony, else time will become the Claimant’s enemy: Durkan -v- Schmidt - James Devenny, Horwich Farrelly This case relates to an accident that occurred in 2011; the Claimant conducted the claim through the portal process, which at that point had an upper limit of £10,000. Very little progress was made and eventually, proceedings were issued under the Part 8B procedure, and the Claimant applied for a stay of proceedings... |
 Case Summary: D v S - Karen Cawood, Spencers Solicitors Limited On the 11th April 2015 the Claimant was driving his motor vehicle along the road between Filey and York. As he proceeded correctly along the road, a motor vehicle being driven by the Defendant and approaching from the opposite direction, crossed over into the Claimant’s path and collided with the Claimant’s vehicle causing it to spin and roll onto its roof. The Defendant was trying to change his radio and this is why he was on the wrong side of the road... |
 Summary of Recent Cases, April 2020 Here is a summary of the recent notable court cases over the past month... |
 PI Practitioner, April 2020 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month we provide resources and updates in relation to courts and hearings during Covid-19... |
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| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Experts' Joint Statements: Key Medico-Legal Issues - Koch, HCH, Davies M & Laraway A Background: Christopher Sharp QC (St. John’s Chambers, Bristol) reviewed a series of recent cases which involved the preparation of Joint Statements. This excellent review raised a number of issues which are discussed here (Sharp C (2019) Part 35 and the Expert’s Joint Statement)... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Intolerable Regulation or Necessary Progress: has MedCo lost its way? - Dr Mark Burgin Dr Mark Burgin considers why MedCo’s brand has become tarnished and how reducing costs, improving representation and recruitment could repair the damage... |
 Evidence of Large-Scale Neglect for Child Mental Health - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP considers the legal implications of a recent study by Stem4 reported in GP online based on a poll of 1000 GPs... |
![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)
