December 2023 Contents
 Welcome to the December 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.
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| Personal Injury Articles | |
 Immediate term of 10 months' imprisonment imposed on fraudulent claimant - Nancy Kelehar, Temple Garden Chambers QBE UK Ltd v Hilton [2023] EWHC 2931 (KB). Date of Judgment: 17/11/2023. The Claimant brought a claim in relation to an accident at work on 15 July 2015. Ultimately, the claim was pleaded at over £600,000. Following the Claimant's non-compliance with various court orders, his claim was struck out. The Defendant sought permission to bring contempt proceedings against the Claimant on the basis that he had made fraudulent statements, forged documents, and grossly exaggerated his injuries. The Defendant presented compelling evidence, including surveillance evidence. As a result, the Claimant ultimately... |
 The Prospect of State Funded Care and Double Recovery: WNA v NDP [2023] EWHC 2970 (KB) - Amy Lanham Coles, Temple Garden Chambers The Claimant had become tetraplegic as the result of a road traffic accident and liability had already been determined her favour. Quantum had been largely agreed - with the Claimant to receive a provisional lump sum of £6.25m and a Periodical Payments Order (PPO) providing for annual Periodical Payments (PPs) of £325,000 per annum in respect of care and case management (adjusted to account for inflation)... |
 'Good Discharge': The Importance of Obtaining Court Approval for Child Settlements - Amy Lanham Coles, Temple Garden Chambers Bayless v Norfolk and Norwich University Hospitals NHS Foundation Trust [2023] EWHC 2986 (KB). This dispute arose following the death of a 42-year old father of two whose wife and children had witnessed his death on 24 April 2016. The NHS, who had treated Mr Bayless just days prior to his death, admitted they had negligently failed to diagnose and treat an acute type A aortic dissection. His widow first sought to resolve a Fatal Accidents claim, particularised as follows... |
 Trial fairness generally dictates the challenge of evidence by cross-examination of witnesses, including expert witnesses - Nancy Kelehar, Temple Garden Chambers Griffiths v TUI UK Ltd [2023] UKSC 48. Date of Judgment: 29/11/2023. The Supreme Court has handed down an important judgment in the context of personal injury litigation. The underlying claim related to food poisoning (infective gastroenteritis) that the Claimant had suffered whilst on an all-inclusive holiday in Turkey in August 2014. Liability and causation remained in dispute, but due to late service of the Defendant's expert evidence, the only expert report considered by the court on the issue of causation was the Claimant's evidence of Professor Pennington, a microbiologist. He answered Part 35 questions from the Defendant but... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 How GPs Manage Uncertainty - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains the unique relationship that GPs develop with risk so that they can help patients see their choices. Risk pervades every part of medicine so GPs in their work consider the chance of a side effect, the likelihood of a diagnosis and the prognosis of cancer. Although many clinical negligence cases contain the words 'low risk for ...', in general GPs' assessments perform better than risk calculation tools... |
 What is a Fair Test in Medical Law? - Dr Mark Burgin Dr Mark Burgin explains how lawyer can use the concept of a fair test to ensure that the questions they ask are not biased or leading and become more successful. 'A fair test is an investigation where only one variable is changed (the independent variable) and all other conditions (controlled variables) are kept the same. This allows the experimenter to isolate the effect of the independent variable on the dependent variable, which is'... |
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
