February 2021 Contents
 Welcome to the February 2021 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 | |
 Hacking Part 36 offers by waiting a day after the relevant period, accepting the offer, and then disputing costs: Pallett v MGN Ltd [2021] EWHC 76 (CH) - Paul Erdunast, Temple Garden Chambers 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... |
 FREE CHAPTER from 'Fundamental Dishonesty and QOCS in Personal Injury Proceedings: Law and Practice' by Jake Rowley 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... |
 Practitioner's Update: Kumar v Hellard [2021] EWHC 181 (Ch) - Harry Peto, Temple Garden Chambers 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... |
 Update to CPR 36.5 coming in April 2021 pressure on Part 36 offerees - Paul Erdunast, Temple Garden Chambers 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... |
 Pinnegar v Kellogg and ICI - Jim Hester, Parklane Plowden Chambers 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... |
 Case Summary: E v I
- Karen Cawood, Spencers Solicitors 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... |
 Traffic accident victim receives £1 million in damages - Andy Shaw, Higgs & Sons 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... |
 Case Summary: B v T - Karen Cawood, Spencers Solicitors 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 | |
 Finding A Forensic Medical Records Expert (FMRE) - 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... |
 Why Managers and Doctors Struggle to Communicate - Dr Mark Burgin 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... |
![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)
