January 2022 Contents
 Welcome to the January 2022 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 | |
 Apportionment of Liability In Road Traffic Accidents Involving Multiple Collisions - Nicholas Dobbs, Temple Garden Chambers In Martini v Royal Sun Alliance Insurance Plc [2022] EWHC 33 (QB), the High Court was required to consider claims in negligence arising from a series of motor vehicle collisions, all occurring within a few minutes of each other before dawn on 15 October 2015, on an unlit section of the M20. The collisions were precipitated by the driver of a Fiat van falling asleep at the wheel and crashing into an HGV in front of him... |
 FREE CHAPTER from 'A Practical Guide to Periodical Payment Orders in Personal Injury Cases in Scotland' by Kirsty O'Donnell... This book aims to provide an introduction to practitioners as to how to approach these cases and the practical factors that must be considered. It will provide background and context to periodical payment orders, their pros and cons and the practical steps that must be taken when they are being put in place... |
 Can secondary victims claim for psychiatric injury in clinical negligence claims? A review of the decision in Paul v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 - Rochelle Powell, Temple Garden Chambers The cases of Paul v The Royal Wolverhampton NHS Trust ('Paul'); Polmear v The Cornwall Hospital NHS Trust ('Polmear'); and, Purchase v Ahmed ('Purchase') were heard as conjoined appeals. The question for the Court of Appeal was whether and in what circumstances a defendant to a clinical negligence claim could be held liable for the psychiatric injury caused to a close relative of the primary victim of that negligence. In all three cases, the defendants were... |
 Part 36 offers subject to the common law doctrine of mistake: O'Grady -v- B15 Group Limited [2022] EWHC 67 (QB) - Rochelle Powell, Temple Garden Chambers The Claimant brought a claim for damages under the Fatal Accidents Act 1976 in respect of her husband who was killed in a road traffic accident. On 20 April 2020 the Defendant's solicitors put forward a Part 36 offer, apportioning liability on the basis of a 60/40 split in favour of the Claimant. At this stage, the Defendant had not made any formal admission in respect of liability. This offer was neither accepted nor withdrawn... |
 The Interpretation of 'Road Or Other Public Place' In The Road Traffic Act 1988 - Nicholas Dobbs, Temple Garden Chambers In Brown v Fisk [2021] EWHC (QB) 2769, Master Dagnall gave judgment on an application for reverse summary judgment brought by the Second Defendant. The Claimant had brought a claim asserting that he was wrongfully injured by a car driven by the First Defendant in an area of land at Ham Lane, Lewes, Sussex (referred to in the judgment as "the yard") on 16 September 2016. The Claimant claimed against the Second Defendant under... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Cross Examining Claimant's Past Medical History - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP discusses whether medical experts are best placed to cross examine claimants about their memory of the past medical history... |
 Contributory Negligence: Are Claimants to Blame? - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP describes the emerging principles which guide how the issue of contributory negligence has been approached... |
![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)
