February 2021 Contents
![]() 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 | |
![]() If Part 36 offeree has a good argument as to why it should not pay the costs of a certain period, then Part 36 seemingly has what computer experts might call a 'hack' or 'exploit' in its rules to allow such costs to be disputed. This happened in Pallett v MGN. The judge accepted the legitimacy of the Defendant's tactics. On its facts, he did... |
![]() Dishonest claims and dishonest claimants (or at least allegedly dishonest claims and claimants) are by no means a novel phenomenon in personal injury claims; nor is the insurance industry's desire to identify and expose such claims and such individuals... |
![]() This case concerned an appeal against a bankruptcy order made against the appellant in the County Court. The respondent was an insolvency practitioner in his capacity as the liquidator of Highfield Distribution (UK) Ltd. The basis for the appeal was that, on material before the District Judge, a real question had been raised as to the appellant's litigation capacity... |
![]() On 6 April 2021, the usual yearly amendments will be made to the CPR as per The Civil Procedure (Amendment) Rules 2021. These include a particularly interesting new rule regarding Part 36 offers. The rule allows the offeror to make a provision relating to the accrual of interest on the Part 36 offer if it is accepted after the relevant period expires. It further states that if no such provision is made, the Part 36 offer will be deemed to include all interest up to the date of acceptance... |
![]() This case is the latest in a series where the issue as to the reliability and credibility of historic witness evidence has been raised. I have written about similar cases of Bannister v Freemans and Smith v Secretary of State for Transport in previous articles... |
![]() The file was a stress at work claim. An appointment had been made for the claimant to see a Probation Service User. During the appointment the gentleman in question was verbally aggressive and threatening. He began swearing and shouting and suddenly jumped and threatened to smash the room up by picking up the chair he had been sat on... |
![]() A Stockport woman who suffered serious injuries in a road traffic accident has received more than £1 million in damages after a six-year legal battle. The lady sustained complex fractures of her hip and ankle - as well as multiple rib fractures - in the accident in 2014 and has since suffered significant mobility issues and been forced to use crutches... |
![]() The claimant was driving round a blind bend and slowed down. As she approached the bend, she saw the defendant coming towards her and slowed her vehicle down to a stop. The defendant failed to stop and crashed into the claimant head on... |
Clinical Negligence Medicine by Dr Mark Burgin | |
![]() Dr. Mark Burgin BM BCh (oxon) MRCGP explains how finding a FMRE will help a lawyer reach the next level in their clinical negligence practice... |
![]() Dr. Mark Burgin BM BCh (oxon) MRCGP explains how the two main professional groups at the heart of the NHS have not learned to speak a common language... |