June 2021 Contents
 Welcome to the June 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 | |
 First instance County Court decision disallows medical agency cut of costs claimed in a medical report on the fixed costs regime - Paul Erdunast, Temple Garden Chambers DDJ Akers decided that the markup made by a medical agency on the costs of a medical report was not recoverable. DDJ Akers took the view that the medical agency's costs are already accounted for in the fixed costs regime... |
 The new whiplash reforms: A 7-point whip-around of key changes - Paul Erdunast, Temple Garden Chambers The whiplash reforms came into force on 31 May 2021. They apply to all accidents that occurred on or after this date. They institute a wide-ranging sweep of changes that have the cumulative effect of making whiplash claims much less valuable, both in terms of damages and in relation to costs. It really is a sea-change... |
 Case Report: Breakingbury v Croad, Cardiff County Court, 19 April 2021 - Harry Peto, Temple Garden Chambers The Claimant sought damages from the Defendant arising from her treatment as an NHS patient at a particular dental clinic. The Defendant was the owner of the practice at the time of the allegedly negligent acts (which were carried out at the practice but not by the Defendant personally, the Defendant having retired some years earlier)... |
 Case Report: M (Children: Applications by Email) [2021] EWCA Civ 806 - Harry Peto, Temple Garden Chambers While a family case, this case highlighted the importance of the rules of procedure in instances of cases that are litigated by correspondence... |
 Solicitors win latest PI costs battle, but the war goes on - Ged Courtney, Kain Knight Costs Lawyers Despite the disruptions caused by the Covid-19 pandemic the appetite for claims by former clients against their solicitors continues and those who represent them continue to frame arguments in a manner which continues to evolve. The most recent reported decision comes from Mr Justice Lavender (who also heard the appeal in Belsner v Cam Legal Services Ltd) in Karatysz v SGI Lega [2021] EWHC 1608 (QB)... |
 Noise Immission Level (NIL) Part 3: More complicated features - Jim Hester, Parklane Plowden Chambers This third article in relation to the Noise Immission level (NIL) considers some of the more complicated or arguable features. The first article considered the basics of the NIL. The second article considered how the Coles guidelines use the NIL... |
 R (on the application of Wandsworth Borough Council) v Her Majesty's Senior Coroner for Inner West London - Jim Hester, Parklane Plowden Chambers This Judicial Review case was brought by the claimant council following an inquest. The Inquest had concluded that one of the council's tenants had died as a result of malignant mesothelioma which had been caused by exposure to asbestos in one of the council's properties... |
 Annual audit of top 200 UK law firm websites show most aren't compliant with new Google updates - Sam Borrett, Legmark Legal digital marketing agency founder, Sam Borrett, examines the data from the third annual legal sector review of law firm's website performance and draws out some interesting conclusions from concurrent findings... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 Family Justice Council: Experts and the Family Justice System: Widening the Pool Webinar - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP comments upon the concerns of family law experts and lawyers in finding a balance between the demand for reports of the highest standard and the supply of skilled experts... |
 Capacity to present evidence, reasonable adjustments and intermediaries - Dr Mark Burgin Dr Mark Burgin BM BCh (oxon) MRCGP considers the impact on all areas of law of solicitors and barristers being side lined by disability arguments... |
![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)
