May 2022 Contents
Welcome to the May 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 | |
FREE CHAPTER from 'A Practical Guide to Injury Claims Involving Cyclists' by Patrick Kerr & Helen Waller...
This book is designed to be a succinct overview of the key features of cycling litigation. It looks at cyclists as road users as well as group cycling, racing and professional cyclist claims. The book contains an essential overview of the key aspects of the new Highway code, introduced in January 2022. It also looks at the ins and outs of highways claims and considers the role of cycle helmets and other aspects that could give rise to a finding of contributory negligence on the part of a cyclist... |
Acoustic Shock claim revived because the defendant's evidence was unreliable: Storey v British Telecommunications plc [2022] EWCA Civ 616 - Rochelle Powell, Temple Garden Chambers
The Court of Appeal revived an acoustic shock claim after a finding that the defendant's evidence was incorrect and the judge was considering the wrong issue. Lady Justice Andrews overturned the decision of the Circuit Judge to strike out the claim. The claimant brought an action alleging that he had suffered injury to his hearing as a result of the use of a headset due to acoustic shock. The court gave... |
The discretion of the court and relief from sanctions: Chan Mok Park v Hassan Hadi & Anor [2022] EWCA Civ 581 - Rochelle Powell, Temple Garden Chambers
In a joint decision, Holroyde, Stuart-Smith and Warby LJJ held that Freedman J had not erred in granting relief from sanctions after the Respondent made an informal oral application without filing a witness statement. The claimant brought an action relating to the transfer of ownership of a public house. The defendants applied to strike out a claim and a peremptory order was made that the claimant must... |
When Seeking Permission To Obtain Fresh Expert Evidence - Nicholas Dobbs, Temple Garden Chambers
In Fernandez v Iceland Foods Ltd, the Claimant appealed against an order refusing his application for permission to substitute a fresh medical expert for an existing one. The decision includes a thorough summary of the applicable law and principles to be considered when parties seek to instruct fresh expert evidence (at [18]-[27]). The judgment also reiterates the well-established principle that an... |
Giving Notice of Conditional Fee Agreements with a Success Fee - Nicholas Dobbs, Temple Garden Chambers
In EXN v East Lancashire Hospitals NHS Trust, the court considered the proper approach to the failure of a party to comply with the rules relating to notice that a claim is funded by a CFA with a success fee. Since 1 April 2013, the recovery of success fees as costs has not been allowed. However, section 44(6) of the Legal Aid, Sentencing and Punishment of Offenders Act 2021 retains provision for the... |
Former Regional Costs Judge confirms on appeal that County Court decision was wrong to refuse Litigation Friend expenses for an ATE Premium - Daniel Slade, Express Solicitors
On 21st April 2022, before HHJ Lethem, helpful guidance was provided to assist County Courts commonly falling into error in refusing expenses to Litigation Friends who seek reimbursement of their liability to pay success fees and ATE premiums. LW, an 11-year old on 9th February 2019 was at an H&M store in Bromley and caught his right eye on a clothing pole-edge. His mother, RH instructed Express Solicitors to bring a claim for... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
MSK: The Basic Examination - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains the minimum necessary examination in MSK cases to comply with GMC guidance... |
The Generalist and the Specialist in Conference - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP discusses the effects of power difference between experts and the sometimes paradoxical outcomes... |
