December 2024 Contents
 Welcome to the December 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 | |
 PMC v Local Health Board [2024] EWHC 2969 (KB) - Andrew Ratomski, Temple Garden Chambers In PMC, the High Court provided instructive guidance on reporting restrictions in the clinical negligence context. The Claimant developed cerebral palsy as a result of the Defendant's negligence at the time of his birth. Liability was admitted, and substantial interim payments had been made. Prior to the quantum trial, the Claimant applied for restrictions on non-party access to unredacted documents from the Court's records. In support of their application, the Claimant's solicitors filed a witness statement that included... |
 Christine Bangs v FM Conway Limited [2024] EWCA Civ 1461 - Philip Matthews, Temple Garden Chambers This appeal was unusual because it is a rare example of the Court of Appeal intervening to reverse a decision to set aside the strike out of the claim. Jacobs J had set aside a strike out on account of the Particulars of Claim not being served in time and also made an order extending time for service. The judge had relied on an admission allegedly made by the Defendant, FM Conway, but since withdrawn and a combination of other factors that he held demonstrated the Claimant's case was 'very strong'. The Court of Appeal... |
 Elysa Alton v Powszechny Zaklad Ubezpieczen [2024] EWCA Civ 1435 - Philip Matthews, Temple Garden Chambers Alton is an important decision for practitioners bringing and responding to claims arising from road traffic accidents where issues of indemnity, direct rights against insurers and foreign insurance companies arise. Powszechny Zaklad Ubezpieczen ('PZU'), the Appellant, a Polish insurance company, were unsuccessful in seeking to overturn HHJ Parker's decision to set aside an order striking out the Claimant's claim. In September 2017 the Claimant, Ms Alton, was unfortunately involved in a road traffic accident on the M20 motorway after colliding with a lorry with a Polish number plate. The lorry's driver was insured by the Appellant... |
 FXS v The Mulberry Bush Organisation Ltd [2024] EWHC 2844 (KB) - Andrew Ratomski, Temple Garden Chambers FXS considered issues of costs where a claimant had not succeeded in establishing negligence at trial but was successful on other issues. FXS, the Claimant, was placed at the Mulberry Bush School, the Defendant. It was alleged that during his placement, the Defendant acted negligently by (amongst other things) restraining him frequently and with excessive force; inappropriately confining him to his room; and failing to manage his behaviour appropriately. In the alternative, it was pleaded that the Defendant had assaulted the Claimant during the restraints, and/or the restraints constituted battery / trespass to the person. It was also alleged that the Defendant had falsely... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 Where Does All the Money Go? - Dr Mark Burgin Dr Mark Burgin discusses how productivity in healthcare and legal practice has become stalled and why it costs more to give a worse service. Experts are significant cost in legal cases and even if their work is not publicly criticised it can be difficult to see what the money has bought. The medical legal report in 2025 is largely of similar or worse quality than a similar report 20 years ago. I have written a book which challenges these issues by showing how disability medical reports can be used to improve productivity... |
 Why Sick Doctors Make Mistakes - Dr Mark Burgin Dr Mark Burgin considers the pattern of errors made by doctors who are suffering from sickness and what steps can be taken to avoid patient harm. It has been suggested that all doctors make three mistakes a day, good doctors know that they have made the mistakes, bad doctors do not. In this article I consider what the effects of having an estimated 50% burnout rate might have on the types of mistake a sick doctor may make, their response to their errors and what can be done to reduce the harm... |
![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)
