March 2022 Contents
 Welcome to the March 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 | |
 Contributory Negligence In Gul v McDunagh - Nicholas Dobbs, Temple Garden Chambers In Gul v McDunagh, the appellant, then aged 13, had been struck by a car being driven by the First Defendant. He sustained very serious injuries. The question of contributory negligence was tried as a preliminary issue. The Judge found that the appellant had been contributorily negligent and that it was just and equitable to reduce his damages by 10%. The appellant was subsequently granted permission to appeal, arguing that there should not have been any... |
 Guidance on fee earners in abuse cases: TRX v Southampton Football Club Ltd [2022] EWHC B7 (Costs) - Rochelle Powell, Temple Garden Chambers The substantive claim was brought by a victim of convicted football coach Bob Higgins, who perpetrated a campaign of abuse against boys at the Southampton academy in the 1970s and 1980s. It was settled for £4,000 shortly after proceedings were issued. Some £65,523.26 was then claimed in costs. The matter came before Master Brown to determine the appropriate hourly rate and level of fee earner... |
 Impecuniosity documents: when should they be disclosed? Allianz Insurance PLC -v- Jonathan Holt (3rd December 2021) - Rochelle Powell, Temple Garden Chambers The applicant in the case, Allianz Insurance plc, was the prospective defendant in a claim for losses which included the cost of a hire car. The application sought pre-action disclosure of the prospective claimant's impecuniosity documents, namely: (i) Statements in respect of all bank, credit card and savings accounts covering the period of hire and 3 months before; and... |
 Failure To Attend A Hearing & CPR 39.3(5) - Nicholas Dobbs, Temple Garden Chambers In Miah v Ullah, the High Court considered whether to grant the Defendant relief under CPR 39.5 for failing to attend a disposal hearing. The Claimant had applied for relief under section 50 Administration of Justice Act 1985, to remove the Defendant as administrator and to be appointed substitute administrator in his place. An unless order was made giving the Defendant 14 days from service of the order to file and serve any evidence on which he wished to rely to contest the claim. He did not... |
 When is a Party not a Party? - Soyab Patel, KLS Law Solicitors A novel and interesting point in relation to Part 20 claims. I acted on behalf of the 2nd Defendant in this matter. In Bailey (C) -v- Barclays Bank UK PLC (D1) and London Plastic Surgeons Limited (D2) the Claimant commenced proceedings against the 1st and 2nd Defendant... |
 'Failure to Remove' Claims: Some Further Developments - Paul Stagg, 1 Chancery Lane These two significant judgments are both of considerable assistance to those defending 'failure to remove' claims against local authorities. In a series of articles published last year, I analysed in detail the decisions at first instance in HXA v Surrey CC [2021] EWHC 250 (QB) and YXA v Wolverhampton CC [2021] EWHC 1444 (QB), [2021] PIQR P19, and the decision of Stacey J on appeal... |
 Price v United Engineering - Jim Hester, Parklane Plowden Chambers I have been asked by a number of people if I can cover some of the cases which are frequently seen in Industrial Disease cases. This Article is the first such 'essential' case. This case considers evidence, inference and prejudice when considering Section 33 of the Limitation Act 1980. Price v United Engineering [1998] P.I.Q.R. P407 per Brooke and Waller L.JJ... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Managing the Recorded Joint Expert Conference - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains that recording a meeting alters the behaviours that are acceptable and changes the rules... |
 Improving the Quality of Claimant's Oral Evidence - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains that GP experts have special skills in communication and can help claimants tell their story... |
![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)
