May 2024 Contents
 Welcome to the May 2024 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 | |
 The Infected Blood Inquiry: Recent Updates in an Important Month - Nancy Kelehar, Temple Garden Chambers The Infected Blood Inquiry was formed in 2017 and the final report of the Inquiry will be published later this month. On 20 May, the report will be published online and on the same date, the Chair of the Inquiry, Sir Brian Langstaff, will speak about his conclusions and recommendations at Central Hall, Westminster. The report should expose the extent of the failings of the NHS and other institutions that resulted in widespread infection and is likely to include important recommendations in relation to the extent of the compensation scheme... |
 The LDFRC scheme latest: reforms expected by October 2024 - Amy Lanham Coles, Temple Garden Chambers April has come and gone and while the Lower Damages Clinical Negligence Claim ("LDFRC") scheme has not been implemented as originally planned, there have been two recent updates. Firstly, as per the Civil Procedure Rule Committee minutes from March 2024, the implementation date has been pushed back to October 2024 for the entire scheme. There remain outstanding issues to resolve before draft rules can be published (expect these in the summer)... |
 Surveillance evidence stymies Claimant's interim payment hopes - Amy Lanham Coles, Temple Garden Chambers Mehmood v Mayor [2024] EWHC 1057 (KB). This claim for personal injury arose out of a road traffic accident in which the Claimant alleged to have suffered a brain injury, amongst other injuries. This decision focused solely on the Claimant's application for retrospective approval of an interim payment of £10,000 and for a further interim payment in the sum of £75,000... |
 Court of Appeal reaffirms importance of responding to a proposal to engage in ADR - Nancy Kelehar, Temple Garden Chambers Northamber Plc v Genee World Ltd [2024] EWCA Civ 428. Date of Judgment: 01/05/2024. In this appeal, the underlying claim related to an alleged breach of an Exclusivity Agreement between the parties. The appeal was brought by the Claimant on five grounds; the fifth concerned the judge's costs order... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 Personality disorder (PD) in Occupational Health - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP considers how disability analysis reports on personality disorder PD can assist the tribunals assess capability to work. The descriptions of personality disorders PD sound like insults - emotionally cold, aggressive, unstable, suspicious and there are many experts who question their usefulness... |
 Does the Human Rights Act Apply to Alcohol Dependant Patients? - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains that the failure to provide benzodiazepines for harm reduction in Alcohol Dependant Patients may breach Article 3 of the HRA 1998. Alcohol is a potent anxiety reducing drug that has a narrow therapeutic index (the ratio between an effective dose and a harmful dose) and is likely to have no safe dose that is also effective... |
![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)
