February 2023 Contents
 Welcome to the February 2023 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.
|
|
| Personal Injury Articles | |
 Discontinuance and QOCS in the Court of Appeal: Excalibur & Keswick Groundworks Ltd v Mcdonald [2023] EWCA Civ 18 - Sebastian Bates, Temple Garden Chambers The Claimant in this case had discontinued on the morning of the trial, after being invited to consider his position in the light of inconsistencies between his pleaded case, witness statement, and medical records: see [7]. In this context, the Court of Appeal pronounced on what were described at [17] as 'three points of principle or practice'... |
 FREE CHAPTER from 'Low Velocity Impacts in Road Traffic Accidents: Law and Practice' by Jake Rowley In this book, Jake Rowley will provide a concise and practical consideration of the law and practice relating to 'low velocity impact' (or "LVI") road traffic accidents. Amongst other topics, the book will consider what is meant by the term 'LVI'; the tell-tale signs of a potential LVI claim; the key authorities setting out the the law in this area; the procedural steps which Defendants will likely need to take in order to advance allegations of LVI; the sorts of evidence which features in such claims and when, and how, it should be obtained and deployed; and how such cases are approached by Judges at trial... |
 Mixed Injury Cases and the Civil Liability Act 2018: Hassam v Rabot [2023] EWCA Civ 19 - Sebastian Bates, Temple Garden Chambers 'As a general rule, the quantification of damages for [pain, suffering, and loss of amenity, or PSLA] is governed by the common law': see [11] of Nicola Davies LJ's judgment in this case. However, as she recognised at [25], the Civil Liability Act 2018 and the Whiplash Regulations 2021 'represent a statutory incursion into the common law method of assessing damages and a radical departure from the common law approach to such an assessment in that they abandon the "fair and reasonable" approach to the assessment of whiplash injuries and minor psychological injuries in cases falling within the scope of the legislation'. Instead, as she explained... |
 Interrogation of draft judgments: Re (Care Proceedings: Fact-Finding) [2023] EWCA Civ 38 - Anisa Kassamali, Temple Garden Chambers Re (Care Proceedings: Fact-Finding) [2023] EWCA Civ 38 considered the correct approach for parties to take in relation to draft judgments produced by the Court. The appellant mother appealed against findings of fact made in care proceedings. The appeal was ultimately dismissed, but the Court had concerns about the process leading to judgment... |
 Third Party Cost Order Against Expert Witness Overturned on Appeal: Robinson v Liverpool University Hospitals Nhs Trust [2023] EWHC 21 (Kb) - Grace Corby, Temple Garden Chambers The first instance Judge had erred in making a third-party costs order against the Claimant's expert in a clinical negligence claim. The Claimant had brought a clinical negligence claim against the defendant NHS trust following a dental extraction procedure which she underwent on 8 November 2016. She alleged that the surgeon was negligent for failing to remove her upper left molar. She instructed Mr Mercier, the appellant, as her expert. He was a general dental practitioner, but not a maxillofacial surgeon... |
 Case Summary: H v S - Spencers Solicitors Limited The Claimant, aged 40, was involved in a road traffic accident. The Claimant was situated in her parked vehicle when the vehicle parked behind her, was struck by a passing vehicle. The parked vehicle was shunted into the Claimant's vehicle, forcing her into the vehicle parked in front... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 How should People with Mental Disability be Protected from Stress? - Dr Mark Burgin Dr Mark Burgin discusses whether the lessons learned from the adjustments for physical disability can be applied to those with mental disabilities... |
 How to become an expert in Lead Poisoning - Dr Mark Burgin Dr Mark Burgin considers how a solicitor can determine if they have the correct expert in a case involving lead poisoning... |
