August 2020 Contents
 Welcome to the August 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 | |
 Two Lacunas Too Big: Appeal Costs in Low Value Personal Injury Litigation - Vinesh Mistry, Barrister, DWF Advocacy Ltd In Wickes Building Supplies Limited v William Gerarde Blair (No. 2) (Costs) [2020] EWCA Civ 17 ("Blair") it was agreed between the parties that the claimant to the substantive litigation, Mr. Blair, would pay the costs of unsuccessfully appealing a stage three hearing ([2019] EWCA Civ 1934). The Court of Appeal, therefore, in broad terms had to consider whether the costs of the substantive appeal were fixed by CPR 45.17 and whether Mr Blair, notwithstanding the quantum of those costs, benefited from QOCS protection under CPR 44.13... |
 Employers' Liability for Work Place Stress: The Principles and Pitfalls - Michelle Liddy, Oriel Chambers There are a variety of ways that an employer can find themselves compensating an employee for an injury sustained at work. While the majority of these claims relate to physical injury it must be the case that there are hundreds if not thousands of people working under such a level of stress that there is a compensable injury which goes unnoticed... |
 What is a 'highway maintainable at public expense'? Court of Appeal clarifies the tests in Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696 - Sam Way, Devereux Chambers The Court of Appeal has clarified the tests for identifying a highway maintainable at the public expense under the Highways Act 1980. In doing so, they unpack the requirements for an inference to be drawn that a historic pathway was dedicated as a highway at common law such that it is a highway maintainable at public expense within the meaning of the Highways Act 1980... |
 Whittington Hospital NHS Trust v XX [2020] UKSC 14: Damages are recoverable for foreign commercial surrogacy arrangements - Sam Way, Devereux Chambers The Supreme Court has reversed the decision of the Court of Appeal in in Briody v St Helens and Knowsley Areas Health Authority [2002] QB 856, and clarified the basis on which damages may be awarded for surrogacy arrangements, including those carried out on a commercial basis in a foreign jurisdiction, an arrangement which involve the commission of criminal offences if carried out in the UK... |
 Section 33 of the Limitation Act 1980; Credibility and Prejudice - Andrew Roy & Nina Ross,12 King's Bench Walk Under s.33 Limitation Act 1980, the court may disapply the limitation period in a personal injury claim if it is equitable to do so having regard to the prejudice to the claimant if precluded from bringing his claim and the prejudice to the defendant in being required to meet an out of time claim. In FZO v Haringey London Borough Council [2020] EWCA Civ 180 the Court of Appeal provided important guidance as to the assessment of evidential prejudice when limitation is determined alongside the substantive issues at the final trial... |
 How the Paralegal Sector can help PI law firms post Covid-19 - Amanda Hamilton, NALP Covid-19 and the subsequent lockdown has affected our personal lives in many ways. Professionally, it has also forced many PI law firms into hardship. When the lockdown is finally fully lifted, and it will lift eventually, law firms including PI will be looking to get back into business and onto an even keel as swiftly as possible. However, they will also probably be looking to cut costs in order to do so... |
 Summary of Recent Cases, August 2020 Here is a summary of the recent notable court cases over the past month... |
 PI Practitioner, August 2020 Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. This month: Pegg v Webb (1) Allianz Insurance Plc (2) [2020] EWHC 2095 (QB)... |
| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Becoming more virus-resilient: tips on dealing with the COVID-19 coronavirus situation (updated) - Professor Hugh Koch Relatives, friends, colleagues and others who we read about in the media are all experiencing the tipsy-turvy world of this pandemic - like the changing lands at the top of Enid Blyton's Magic Faraway Tree, our daily lives swing from positive, happy and coping to pessimistic, low and feeling helpless... |
 Legal Mind Case and Commentary No 31: Fixing Mistakes - [Koch HCH and Bowe J, August 2020] This is the thirty-first in a series of Case reports and Commentaries from Professor Koch and colleagues. Case: Exall 04/20 Update and Commentary on Civil Procedures. Exall finds four key themes pertaining to mistake making which are common in many civil cases in the UK courts. These involve dwelling on mistakes, need for an action plan, getting moving and preventing mistakes in advance where possible... |
![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)
