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October 2022 Contents

Welcome to the October 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
Application of QOCS protection in a 'mixed' claim: Wokingham Borough Council v Arshad [2022] EWHC 2419 (KB) - Anisa Kassamali, Temple Garden Chambers
Mr Justice Bourne considered the application of QOCS protection to claimants who have brought 'mixed' claims i.e. a claim for both personal injury damages and other special damages. The claimant brought a claim for damages against Wokingham Borough Council ('Wokingham BC'), which was heard in Oxford County Court. The claimant had sought confirmation from Wokingham BC that the vehicle he proposed to purchase was...
A Stark Reminder to Insurers About the RTA Protocol: London Borough of Islington v Bourous [2022] EWCA Civ 1242 - Sebastian Bates, Temple Garden Chambers
19/10/22. The Court of Appeal has recently given an extensive account of the appropriate functioning of the Protocol for Low Value Personal Injury Claims in Road Traffic Accidents ('the RTA Protocol'). The Court's judgment addressed two appeals brought by defendants who had unsuccessfully contended in the County Court that taxi drivers who had made claims under the RTA Protocol ought not to...
Gestwin Principles Applied in the Context of a Road Traffic Accident and the Potential for Eyewitness Accounts to Take Precedence Over Expert Evidence Affirmed - Grace Corby, Temple Garden Chambers
Barrow (By His Litigation Friend and Grandfather Mr Hugh Barrow) & Ors v Merret and Anr [2022] EWCA Civ 1241. The Claimant unsuccessfully appealed the dismissal at first instance of his negligence claim. The first-instance judge had dismissed the claim after concluding that the expert evidence was of limited assistance and the case had turned principally on eyewitness evidence. The Court reiterated that they should not...
The incomplete cross-examination: Riley v Salford Royal NHS Foundation Trust [2022] EWHC 2417 (KB) - Anisa Kassamali, Temple Garden Chambers
21/10/22. Riley v Salford Royal NHS Foundation Trust [2022] EWHC 2417 (KB) serves as a timely reminder to practitioners to ensure that they put all points to a witness in cross-examination. The claimant suffered personal injury as a result of clinical negligence, specifically the amputation of his right lower leg below the knee. His claim included a number of heads of loss, including the cost of...
Case Summary: S v M - Stephanie Robinson, Spencers Solicitors Limited
S, at the age of 39, was involved in a road traffic accident. S was on her way home from shopping when the vehicle in front of her started to brake sharply. S braked sharply but the vehicle behind her collided with the rear of her vehicle, causing extensive damage. Liability was admitted...
Case Summary: S v H - Steven Barke, Spencers Solicitors
The Claimant aged 65 at the time of the accident, sustained personal injuries due to a road traffic accident. S suffered an 18-month neck and shoulder injury with associated left upper limb pain and an upper tooth was chipped with a fracture of the incisal edge and possible fracture of the upper right. S was unsure how the tooth was chipped in the accident. He developed soreness to his cheek and gum and whistling...
Medico-Legal Articles, Edited by Dr Hugh Koch
E-scooter nerves can seriously affect you! Diagnosing and treating post-e-scooter accident anxiety - Professor Hugh Koch
Electric scooters are now a common sight on UK public roads, private roads and parks, more so now that they are legal to ride in the UK, albeit with strict limitations. It is legal to ride e-scooters on roads and cycle lanes but not on pavements, although this is frequently seen. A combination of high speeds, limited braking capacity and very silent running make potential accidents for riders and pedestrians a frightening prospect, adding also...
Clinical Negligence Medicine by Dr Mark Burgin
Working with Solicitors in Clinical Negligence - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains why the solicitor's role is underestimated both in terms of its importance and the range of skills required. A successful solicitor makes their job look easy by solving problems before others become aware of them and planning for every eventuality...

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