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March 2023 Contents

Welcome to the March 2023 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
Secretary of State for the Home Department Fails to Strike Out Negligence Claim - Grace Corby, Temple Garden Chambers
In Aruchanga v Secretary of State for the Home Department [2023] EWHC 282 (KB) the Claimant sought damages for breach of a common law duty of care by the Defendant for failing to supply him with confirmation of his refugee status. As a result, he suffered loss of benefits, which caused him personal injury in the form of exacerbating pre-existing post-traumatic stress disorder ('PTSD'). The Claimant also brought other claims for breach of...
FREE CHAPTER from 'A Practical Guide to Cross-Border Clinical Negligence Claims' by Dominique Smith
This book provides practical guidance to practitioners handling cross-border clinical negligence claims, covering issues including jurisdiction and applicable law, deaths abroad and inquests, applicable standards, expert evidence, and different types of claim...
Non-party costs orders against solicitors where a CFA is in place - Anisa Kassamali, Temple Garden Chambers
PME v The Scout Association [2023] EWHC 158 (Senior Courts Costs Office) considered an application for a non-party costs order ('NCPO') against a claimant's solicitors, where the claimant was protected by QOCS. The claimant's claim for personal injury was settled by way of the defendant's Part 36 offer of £29,500 on 22 August 2017. The claimant served a schedule of costs in August 2017. The defendant offered to...
When Is Permission to Appeal Required in Cases of Contempt? - Sebastian Bates, Temple Garden Chambers
In Deutsche Bank AG v Sebastian Holdings Ltd [2023] EWCA Civ 191, the Court of Appeal addressed what Andrews LJ described at [127] of her concurring judgment as 'the topic of permission to appeal in cases of committal for contempt'. Males LJ recorded at [1] - [3] of his leading judgment that the appellant, Mr Vik, had been found guilty of contempt of court by an order. By a later order, he had been committed to prison for a period to be conditionally suspended. Males LJ acknowledged that...
Vulnerable Witness Being Provided With Cross-Examination Questions in Advance Created an Unlevel Playing Field - Grace Corby, Temple Garden Chambers
GKE V BRETT NIGEL TRAVERS GUNNING [2023] EWHC 332 (KB). The Claimant received work/life coaching sessions from the Defendant through her work and then paid privately for counselling/therapy for her mental health and lifestyle issues. The Defendant was a member of the British Association of Counselling and Psychotherapy (BACP) and a qualified counsellor and provided the well-being coaching and later private...
Personal Injury Articles
Assessing Capacity for Litigation - Dr Mark Burgin
Dr Mark Burgin explains how a disability analyst approaches MCA testing and the 4 steps of understand, retain, weigh and communicate their decision. All people are capable of some tasks and lack capacity for others. In disability the key question is whether reasonable adjustments will allow the person to regain or develop capacity in a specific area. The expert must test the person in...
Assessing Children with Behaviour Problems for the Family Court - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP explains the difficulties in determining the origins of behaviour problems in children from troubled families. Many children in troubled families have a diagnosis of behaviour problems but it can be difficult for the court to differentiate between a family that is stressed because of the child or vice versa. The behaviour problems can be so severe that...

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