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June 2023 Contents

Welcome to the June 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
Appellate Review of Findings of Fact on Foreign Law: Perry v Lopag Trust Reg (No 2) [2023] UKPC 16 - Sebastian Bates, Temple Garden Chambers
As explained at [1] and [3] - [6], the Judicial Committee of the Privy Council has a 'practice of declining to hear appeals which [are] in substance a challenge to concurrent findings of fact by the courts below, save in exceptional circumstances'. In this case, the judge at first instance had made findings of fact on foreign law (summarised at [26] - [28] and [41] - [43]). These were upheld by the first appellate court: see [29] - [32] and [44]. The question for the Board was whether to apply its practice...
Courts cannot future-proof orders: Tabbitt v Clark [2023] EWCA Civ 744 - Anisa Kassamali, Temple Garden Chambers
The Court of Appeal considered an application for a declaration that would have 'future-proofed' the Claimant's costs liability where he was late to accept the defendant's Part 36 offer. The Claimant was involved in a road traffic accident with the Defendant, resulting in serious personal injury to the Claimant. The claim was one to which qualified one-way costs shifting ('QOCS') applied. The Defendant's insurers made a Part 36 offer in early 2022 which was only...
Thousands of claimants are able to issue claims on the same claim form: Abbot v Ministry of Defence [2023] EWHC 1475 (KB) - Anisa Kassamali, Temple Garden Chambers
Proceedings were commenced against the Ministry of Defence (the 'MoD') on behalf of 3559 individuals. The claim form stated that the claim was brought on behalf of David Abbott, whose name and address were given on the first page of the claim form, and 3558 others, whose names and addresses were set out in a schedule attached to and forming part of the claim form...
The Enlarged Partial Agreement on The Register of Damage Caused by The Aggression of The Russian Federation Against Ukraine - Sebastian Bates, Temple Garden Chambers
At a summit in May, the Council of Europe announced the establishment of a Register of Damage Caused by the Aggression of the Russian Federation Against Ukraine. According to Article 1(1) of the Statute of the Register, the Register 'shall serve as a record, in documentary form, of evidence and claims information on damage, loss or injury caused, on or after 24 February 2022, in the territory of Ukraine within its internationally recognised borders, extending to its territorial waters, to...
Medico-Legal Articles, Edited by Dr Hugh Koch
Legal Mind Case and Commentary No 42: Expert Impartiality: Compliance - Koch, H.C.H., Jansen, F., Ma, S.Y.A., Aldridge, M. and Nokling, K. E. (April 2023)
Court-instructed discussions between experts are getting more frequent, reflecting that they are held in high regard as a method for clarifying expert opinions and, their similarity and differences. They reduce court time, limit legal costs and encourage settlement between parties (Bond Solon, 2023). A recent Q&A conducted by Bond Solon raised several issues which are well worth reiterating in this short Legal Case and Commentary, even though they do not refer to a specific case. Before debating these several issues, it is worth noting that Part 35 of the CPR clearly states that...
Clinical Negligence Medicine by Dr Mark Burgin
What is Whiplash? - Dr Mark Burgin
Dr Mark Burgin considers the risks of a gap forming between medical expert opinion and legal opinion on the concept of whiplash to a fair and just system... My understanding of the word "whiplash" is that it is used to describe an injury to the spine following forceful flexion or torsion and includes radiating pain. These movements of the spine can be sufficient to cause tearing of the ligaments and bruising of the soft tissues including nerves. Where there is pre-existing degeneration the force required to cause injury is likely to be lower. If the bones and discs are damaged then it is not...
Understanding the Mechanisms of Chronic Pain - Dr Mark Burgin
Dr Mark Burgin explains why advances in the assessment of chronic pain has led to a change in understanding with treatments increasingly directed at components of the pain... Chronic pain is pain that lasts for more than 12 weeks and can have a significant disabling impact on a person's life. It can interfere with sleep, work, relationships, and leisure activities. It can also lead to depression, anxiety, and social isolation...

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