March 2021 Contents
 Welcome to the March 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 | |
 'Unconvincing and unreliable' witnesses vs dishonest ones: relevant factors and lessons to learn for litigation - Paul Erdunast, Temple Garden Chambers Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB). There are cases where an unconvincing and unreliable witness is not dishonest. That much is not news; it is obvious. The point of this piece is to give tips to Defendant litigators who want to prove fundamental dishonesty in a case where the Claimant's evidence has serious inconsistencies. That said... |
 FREE CHAPTER from 'A Practical Guide to Psychiatric Claims in Personal Injury - 2nd Edition' by Liam Ryan The law relating to claims for psychiatric injury is complex, varied, and hard to grapple with and can often appear labyrinthian. This is a practical guide for dealing with personal injury claims involving psychiatric injuries and is aimed to assist both the newcomer and the experienced practitioner alike... |
 Practitioner's Update: Butters & Anor v Hayes [2021] EWCA Civ 252 - Harry Peto, Temple Garden Chambers Does the non-payment of a court fee mean time continues to run for limitation purposes in respect of a new claim within existing proceedings? In Jackson LJ's view, it does not... |
 Costs: Junejo v New Vision TV Ltd [2021] EWHC 449 (QB) - Harry Peto, Temple Garden Chambers The Defendant sought an order striking out the Claimant's libel claim pursuant to CPR 3.4(2)(c). the libel claim arises from statements broadcast by the Defendant to the effect that the Claimant, a successful businessperson, was guilty of fraud, theft and money laundering... |
 Setting aside default judgment in the High Court requires promptness even after the application has been made - Paul Erdunast, Temple Garden Chambers The Lord Chancellor (as Successor to the Legal Services Commission) v Halberstadt-Twum (t/a Cleveland Solicitors) & Anor [2021] EWHC 413. Unlike the County Court, the High Court requires steps to be taken in order to obtain a hearing beyond simply making an application. This fact becomes important when you are seeking to set aside default judgment, as the claimants found out in this case... |
 Calculating 3-years - Jim Hester, Parklane Plowden Chambers A narrow point that occasionally arises is how '3-years' is calculated for the purposes of limitation. In accident cases or in disease cases, for example, where a diagnosis is given on a known date, there will be a precise date when the cause of action accrues and so the limitation clock starts to run... |
 Case Summary: P v C - Steven Barke, Spencers Solicitors The claimant was involved in a road traffic accident when he was travelling home from work. As he proceeded through a junction, the defendant negligently pulled out of a side road hitting the claimant's vehicle on the passenger side.The impact caused the claimant's vehicle to roll three times and land upside down... |
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| Medico-Legal Articles, Edited by Dr Hugh Koch | |
 Judge's opinion of Expert: Partiality and arrogance - Koch HCH, Jansen F, Stockton C and Huntley F This is the thirty-third in a series of Case reports and Commentaries from Professor Koch and colleagues. Another fascinating civil claim case described by Gordon Exall, Barrister, Kings Chambers in which there were robust criticisms of the claimant instructed expert, and a final concluding statement that stated... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Medical Uncertainty: Supervision in General Practice - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP discusses how the range of opinion around supervision of clinical staff by GPs can change the outcome of a CN case... |
 Online Clinical Negligence Conferences - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP reviews the limits and advantages of Online Clinical Negligence Conferences and makes predictions of the future... |
![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)
