This site uses cookies.

September 2023 Contents

Welcome to the September 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
Silence did not amount to a failure to engage in ADR and Part 36 applied - Nancy Kelehar, Temple Garden Chambers
Jones v Tracey & Ors (Re Costs) [2023] EWHC 2256 (Ch), Date of Judgment: 12/09/2023. In this case, a separate judgment on costs was given by Master Marsh (sitting in retirement) following written submissions by the Claimant and the Third Defendant. The underlying action was a probate claim and the judgment on costs addressed three issues: 1) whether a letter marked 'without prejudice' was in fact sent on a without prejudice basis; (2) whether Part 36 consequences applied in probate claims; and (3) whether the...
The absence of a valid MOT certificate may defeat a claim for credit hire due to lack of causation, even if it does not defeat the entire claim - Nancy Kelehar, Temple Garden Chambers
Ali v HSF Logistics Polska SP Zoo [2023] EWHC 2159 (KB), Date of Judgment: 06/09/2023. Mr Justice Martin Spencer gave judgment in an appeal by the Claimant against the dismissal of the claim for credit hire charges on the basis that a lack of an MOT certificate meant that this part of the claim failed for lack of causation. The case concerned an accident between the Defendant's lorry and the Claimant's parked and unattended Volvo. Both liability and the fact that the...
FREE CHAPTER from 'A Practical Guide to Dental Negligence Litigation' by Louisa Sherlock
This Practical Guide to Dental Negligence Litigation provides helpful information for lawyers who are running dental negligence cases, be that for Claimant or Defendant. The book is aimed at students and practising lawyers and gives a gentle introduction to understanding dental records and also advice and tips for running dental negligence cases as separate from clinical negligence matters...
The Limits of the Extended Fixed Recoverable Costs Regime - Amy Lanham Coles, Temple Garden Chambers
Much has already been said about the incoming extended fixed recoverable costs ('FRC') regime and accompanying intermediate track which take effect from 1 October 2023. This piece does not seek to set out the extensive changes or to summarise the rules which have been released alongside guidance in draft form. Instead, it will hopefully serve as a reminder about what the new regime does not extend to, including by reference to outstanding issues highlighted in the recent...
A Limitation Conundrum without a Precedent: Shaw v Maguire [2023] EWHC 2155 (KB) - Amy Lanham Coles, Temple Garden Chambers
The case arose out of a deeply unhappy set of circumstances, as well as an unhappy procedural history. The Claimant was the widow of a man who had died of metastatic melanoma in 2014. It was alleged he had died as a consequence of clinical negligence, as he had been seen in 2007 by a Consultant Pathologist (the Defendant) who had wrongly concluded - despite samples confirming otherwise - that his complaint was benign. This had come to light in November 2009, when the...
Medico-Legal Articles, Edited by Dr Hugh Koch
Judging Clinical Negligence Cases: Clarity of Vision - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP examines the benefits of understanding how Judges can forensically dissect a clinical negligence case that is opaque with complexity. There are three constraints on a judge's freedom; the evidence that is presented, which facts are material to the case and the legal precedents to be followed. If the lawyers choose not present evidence the judge has few powers to independently investigate or obtain evidence that has been withheld...
Childhood Disability Assessments for the Family Court - Dr Mark Burgin
Dr. Mark Burgin BM BCh (oxon) MRCGP considers how disability analysis reports can determine what adjustments will lead to the best long-term gains. The court needs to know what a child's special needs are as well as what their potential is so that they can set reasonable objectives for the child's development. Whether the family environment can satisfactorily provide for a child's needs depends upon determining the right target and how it can be achieved...

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.