December 2022 Contents
![]() 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 | |
![]() Atmani & Ors v Royal Borough of Kensington & Ors [2022] EWHC 2618 (KB) - The court considered the costs consequences of the decisions made in a CMC. The court ordered 'defendant's costs in the case', following some of the claimants' unsuccessful applications. In doing so, the court affirmed that the QOCS regime did not prevent such interlocutory orders, it just prevented their enforcement... |
![]() Smith v Backhouse [2022] EWHC 3011 (KB) considers whether the Court can refuse to accept undertakings which a party has agreed to provide to the Court as part of the settlement of a civil claim. Nicklin J considered that "the consequences could be absurd" [28] if the Court had to accept any undertakings agreed between the parties and refused to accept certain of the undertakings in the parties' agreement on the basis that they were "too vague/wide" [29]... |
![]() In Cable v London Victoria Insurance Co Ltd [2020] EWCA Civ 1015, the Court of Appeal emphasised at [73] that '[h]aving established that there was an abuse of process, the second step for the court is the usual balancing exercise, in order to identify the proportionate sanction'. In this regard, the Court stressed that '[s]triking out the claim is an option, but [. . .] it is not the only, or even the primary, solution'... |
![]() Correia v Williams [2022] EWHC 2824 - The judgment set out the approach to be adopted in relation to the admission of witness statements for witnesses who do not speak English, which have not complied with the requirements of the Civil Procedure Rules... |
![]() This is my last article on the new (16th Edition) of the Judicial College guidelines, following earlier articles on Work-related Limb Disorders and Noise Induced Hearing Loss. This article covers Asbestos-Related Disease... |
![]() G was aged 54 at the time of her road traffic accident. She was the driver of a vehicle that was involved in a severe rear end shunt. Following the accident, G was in shock and was unable to exit the vehicle for approximately 10 minutes. Her vehicle was not driveable and subsequently written off. She had to be collected from the scene. Liability was admitted... |
Clinical Negligence Medicine by Dr Mark Burgin | |
![]() Dr. Mark Burgin BM BCh (oxon) MRCGP explains that a barrister's success in their role in clinical negligence depends on medical experts working with solicitors... |
![]() Dr Mark Burgin argues that the DPA 2018 is a new source of revenue for legal practitioners and both claimants and defendants should ensure that they have the best advice... |