June 2024 Contents
 Welcome to the June 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 | |
 Pre-commencement Funding Arrangement vs. Protection under QOCS, plus a cameo for proprietary estoppel - Nancy Kelehar, Temple Garden Chambers Thomas v Southwick Car Centre Ltd [2024] EWHC 1315 (SCCO). A personal injury claim arose out of a tripping incident on the Defendant's premises in May 2012. At trial in May 2017, DJ Goddard dismissed the claim, finding that some of the evidence upon which the Claimant relied had been 'tailored and shaped' and the story had been 'elaborated upon over the months and years' following the accident... |
 Claimant injured during arrest entitled to pursue personal injury claim - Amy Lanham Coles, Temple Garden Chambers Ward v Chief Constable of Greater Manchester Police: [2024] EWHC 1297 (KB). This case offers some preliminary food for thought in respect of personal injury claims arising from policing and injuries sustained in the context of criminal activity. The Claimant sought to bring an action against the police for their alleged misuse of a police dog during his arrest. The dog had bitten the Claimant and he alleged this caused serious injury to his lower leg, including long term nerve damage and chronic pain. He had been evading arrest (first in a car chase and then on foot) before the incident and was later convicted and imprisoned for burglary and dangerous... |
 'What is sauce for the goose is sauce for the gander', but no presumption in favour of indemnity costs for unsuccessfully pursuing fundamental dishonesty - Amy Lanham Coles, Temple Garden Chambers Thakkar v Mican [2024] EWCA Civ 552. This case started, and notably ended, its life as a 'straightforward' road traffic accident claim. In the interim, the First and Second Respondent (the Defendant driver and his insurance company) contended that the Appellants (former Claimants) had been fundamentally dishonest. They failed in this submission, first failing in their application to amend their Defence to positively plead fundamental dishonesty and then later failing at trial, where the then Claimants were successful... |
 Calculating the correct 'Price' to pay in a claim for financial dependency - Nancy Kelehar, Temple Garden Chambers Price v Marston's PLC [2024] EWHC 1352 (KB). A number of issues were raised in this appeal before Mr Justice Griffiths. Primary liability had been admitted by the Defendant for the Claimant's husband's workplace fall. However, the Defendant appealed the judgment on causation that his death from sepsis was as a result of an infection caused by the workplace fall... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 Masterclass in Chaos: The Joint Conference - Dr Mark Burgin Dr Mark Burgin discusses the importance of a functional system for producing independent and accurate joint expert reports, ultimately serving the purpose of a just legal system. The case is straightforward, the experts are both engaged and understand each other's opinions, all that is needed is to write a joint report. The barriers to achieving their goal of an independent report addressing the material issues can be extreme. The problem is not down to any failure of the experts' skills or determination but unnecessary obstacles... |
 Red Flags: A Guide for Lawyers - Dr Mark Burgin Dr Mark Burgin considers the controversial topic of Red Flags and how they can describe how doctors use the clinical process. In many cases the concept of Red Flags becomes a battle ground with one side arguing that they do not exist and the other that they are an essential part of practice. The reality is that there is a responsible and reasonable body of opinion that does not use the concept. The medical leaders have not indicated which camp is correct and the GMC has not offered guidance... |
![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)
