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July 2022 Contents


Welcome to the July 2022 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles.


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.


Personal Injury Articles
Karanja, R (On the Application Of) v University of the West of Scotland [2022] EWHC 1520 (Admin) - Rochelle Powell, Temple Garden Chambers
This case dealt with a number of procedural issues including jurisdiction and an extension of time for service of the claim form pursuant to CPR 3.1(2)(a). Michael Ford QC, sitting as a Deputy High Court Judge, also considered whether there had been good service of the claim form whilst providing a helpful recap of the relevant law...
Section 57 & Substantial Injustice - Nicholas Dobbs, Temple Garden Chambers
In Woodger v Hallas, the Defendant appealed against the trial judge's failure to dismiss the claim in its entirety following a finding that the Claimant had been fundamentally dishonest within the meaning of s 57(1) of the Criminal Justice and Courts Act 2015. The Defendant argued that there was no proper basis for a finding of substantial injustice, and the trial judge did not balance the extent of the Claimant's dishonesty against the suggested injustice to him if the claim were dismissed in its entirety...
Contracting Out of the Fixed Costs Regime - Nicholas Dobbs, Temple Garden Chambers
In Doyle v M & D Foundations Building Services Ltd [2022] EWCA CIV 927, the Respondent was injured whilst working on a construction site in the course of his employment by the appellant. His claim fell within the scope of the Pre-Action Protocol for Low Value Personal Injury (Employers' Liability and Public Liability) Claims ('the Protocol'). Liability was disputed with the result that the Protocol ceased to apply to the claim. Proceedings were commenced and the case allocated to the fast track...
Judicial College Guidelines 16th Edition: Work-related Limb Disorders - Jim Hester, Parklane Plowden Chambers
The recent publication of the 16th Edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases, has brought a number of changes for industrial disease practitioners, in relation to: 1. Work-related limb disorders: Vibration White Finger (VWF) and/ or Hand Arm Vibration Syndrome (HAVS); work-related upper limb disorders (WRULD); and cold injuries...
Clinical Negligence Medicine by Dr Mark Burgin
How to Audit an Expert Report - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains the general principles behind auditing expert reports for the civil, family and criminal courts. All reports have basically the same function, to provide a reasonable and logical explanation of the evidence for the court in a language that can be understood. The purpose of an audit is to consider...
Instructing Experts in Post-Traumatic Stress Disorder (PTSD) - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains how the new advice on PTSD from the can assist lawyers improve instructions to medical experts. Instructing medical experts to consider PTSD has been difficult because the previous guidance has led to over and under diagnosis of the condition. Medical experts have taken different...

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