October 2023 Contents
 Welcome to the October 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 | |
 The exclusion of expert evidence as inadmissible duplicative hearsay evidence - Nancy Kelehar, Temple Garden Chambers Crypto Open Patent Alliance v Wright [2023] EWHC 2408 (Ch) Date of Judgment: 03/10/2023. This case is one of several strands of litigation that relate to Dr Craig Wright's claim to be the creator of the Bitcoin system. This High Court judgment has been given following a Case Management Conference in which there were five applications before the court. Of wider importance in terms of civil procedure is Mr Justice Mellor's decision in relation to Dr Wright's application to exclude hearsay evidence sought to be adduced by the Crypto Open Patent Alliance (COPA)... |
 FREE CHAPTER from 'A Practical Guide to Clinical Negligence - Third Edition' by Geoffrey Simpson-ScottThe expanded 3rd Edition of this book provides clear guidance for practitioners from funding through to trial and settlement using over 400 cases supported by legislative and other reference materials. New topics include Keefe Benevolence, Notices to Admit Facts, judgement embargoes and service by NFTs as well as updated material on the topics covered in the previous editions... |
 Sexual Abuse Claims and the Judicial College Guidelines: AXB v Hossam Metwally [2023] EWHC 2470 (KB) - Amy Lanham Coles, Temple Garden Chambers This decision comprised a damages assessment for misuse of private and intimate information - a new frontier for personal injury litigation in this digital age. It is a rare case on the assessment of general damages in cases involving sexual offences, of particular interest in light of the relatively new section of the Judicial College Guidelines (JCGs) on Sexual and/or Physical Abuse... |
 Justice Committee publishes interim report on the operation of the Official Injury Claim (OIC) Portal - Nancy Kelehar, Temple Garden Chambers Last month, the Justice Committee published their report entitled 'Whiplash Reform and the Official Injury Claim Service'. This report is written as part of an inquiry launched in February 2023 in response to concerns raised about the initial operation of the Official Injury Claim (OIC) Portal. Since 2021, the online portal has aimed to allow individuals who have suffered minor injuries arising from road traffic accidents to claim compensation without the need for legal assistance in doing so... |
 'Occupational hazards' and direct access cases: Glaser v Atay [2023] EWHC 2539 (KB) - Amy Lanham Coles, Temple Garden Chambers This case focused on the application of the Consumer Rights Act ('CRA') 2015 to barristers' fees in a case where a lay client had instructed two barristers on a direct access basis; had agreed to pay a fixed fee in ahead of a five day hearing; and then once the hearing was adjourned informed the barristers that she no longer wished to instruct them and refused to pay the fees. The High Court determined that the CRA 2015 precluded the barristers from claiming for their fees... |
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| Clinical Negligence Medicine by Dr Mark Burgin | |
 Audit on Amendments to PI reports - Dr Mark Burgin Dr Mark Burgin explores the pressure on the PI reporting industry from amendment requests and considers the options available. A large MRO brought the issues in this audit to my attention and provided a list of cases. The MRO has also helped with some of the analysis and understanding and has indicated that the workload associated with these challenges is unsustainable. There is a clear risk that MROs may choose to only use less independent experts who give more favourable opinions... |
 Finding Solutions to the Shortage of Family Medical Experts - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP uses systems analysis techniques to identify the key reasons that influence medical experts choice to work in the family courts. I have previously identified that medical experts lack the breadth of expertise, those who hold controversial views are punished and kept in the dark about key aspects in the case... |
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![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)
