PI Brief Update

101. Claimant has 'only himself to blame' for dismissal of multi-million-pound claim on the basis of fundamental dishonesty - Nancy Kelehar, Temple Garden Chambers: (News Category 2); ... without requiring business class. During the course of the 10-day hearing, the Claimant relied upon... Image ©iStockphoto.com/creepers888 Read more (PIBULJ subscribers only)... ...; Created on 19 July 2024
102. Why is it so difficult for lawyers to admit they do not know everything? - Dr Mark Burgin: (News Category 4); ... is that ‘GPs think they are God, but surgeons know they are’. To have the courage to open a human body with a knife knowing what may go wrong needs arrogance. Simply knowing more than others (self assurance) ...; Created on 12 July 2024
103. Masterclass in Chaos: The Joint Conference - Dr Mark Burgin: (News Category 4); ... are often ignored and what little assistance is available makes things more difficult. Things have worsened over the decades I have been working but there are many good and hard-working lawyers who still ...; Created on 28 June 2024
104. Calculating the correct 'Price' to pay in a claim for financial dependency - Nancy Kelehar, Temple Garden Chambers: (News Category 3); ... with two thirds of the joint net annual income – resulted in an award of £67,032.83, over £60,000 more than the first instance judgment sum for this head of loss. Image ©iStockphoto.com/ridvan_celik ...; Created on 25 June 2024
105. '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: (News Category 2); ... Read more (PIBULJ subscribers only)... ...; Created on 24 June 2024
106. Pre-commencement Funding Arrangement vs. Protection under QOCS, plus a cameo for proprietary estoppel - Nancy Kelehar, Temple Garden Chambers: (News Category 2); ... 2018, the insurer terminated the Claimant’s cover under the... Image ©iStockphoto.com/Nina Calykh Read more (PIBULJ subscribers only)... ...; Created on 20 June 2024
107. Red Flags: A Guide for Lawyers - Dr Mark Burgin: (News Category 4); ... as atherosclerosis. The purpose of Red Flags is to warn the doctor that they need to take more care with this patient. The Red Flag directs the doctor’s attention to the possibility of a particular disease ...; Created on 12 June 2024
108. Personality disorder (PD) in Occupational Health - Dr Mark Burgin: (News Category 4); ... that a non-perfectionist cannot become an effective doctor, any more than all those who have Anankastic (perfectionist) traits should become doctors. Personality as a gift For each negative aspect ...; Created on 27 May 2024
109. Court of Appeal reaffirms importance of responding to a proposal to engage in ADR - Nancy Kelehar, Temple Garden Chambers: (News Category 3); ... another must serve a witness statement giving... Image ©iStockphoto.com/valiantsin suprunovich Read more (PIBULJ subscribers only)... ...; Created on 17 May 2024
110. Surveillance evidence stymies Claimant’s interim payment hopes - Amy Lanham Coles, Temple Garden Chambers: (News Category 2); ... provision constrains the court insofar as it cannot award payments “of more than... Image ©iStockphoto.com/alice-photo Read more (PIBULJ subscribers only)... ...; Created on 16 May 2024
111. April 2024 Contents: (Menus); ... ies that make an individual more likely to... Clinical Negligence Medicine by Dr Mark Burgin Ten reasons you have the wrong expert - Dr Mark Burgin Dr Mark Burgin reveals ten reasons ...; Created on 30 April 2024
112. Ten reasons you have the wrong expert - Dr Mark Burgin: (News Category 4); ... raise concerns about impartiality. In current practice: Consider a full-time expert for a more responsive service. Law: Using wrong legal tests and not following CPR35. Cheap: Pay the expert or risk ...; Created on 30 April 2024
113. The Complexity of Assessing Claimants with Psychological Vulnerabilities and Stoicism in Medicolegal Psychological Reporting - Dr Justin Savage, Chartered Clinical Psychologist: (News Category 4); ... an individual more likely to develop psychological disorders or experience difficulties in coping with stressors. These vulnerabilities can stem from a variety of factors, including genetic predispositions, ...; Created on 29 April 2024
114. Future Case Management and Legal Costs: a point of principle & restrained guidance in Hadley v Przybylo [2024] EWCA Civ 250 - Amy Lanham Coles, Temple Garden Chambers: (News Category 3); ... on s. 51(1) Senior Courts Act 1981 and the principle that a party could... Image ©iStockphoto.com/georgeclerk Read more (PIBULJ subscribers only)... ...; Created on 24 April 2024
115. Large and Small Apples, not Apples and Pears: Hassam v Rabot [2024] UKSC 1 - Amy Lanham Coles, Temple Garden Chambers: (News Category 2); ... the amounts recoverable for whiplash injuries - not non whiplash injuries (para 37). It would be... Image ©iStockphoto.com/gojak Read more (PIBULJ subscribers only)... ...; Created on 23 April 2024
116. March 2024 Contents: (Menus); ... e Court issued a practice note on 7 March 2024 designed to encourage junior counsel to take a more prominent role in advocacy in the highest court... In costs budgeting, comparison of the partie ...; Created on 29 March 2024
117. How To Speed Up Your Legal Case - Dr Mark Burgin: (News Category 4); ... go through the points one by one. Remember that its (only) money Your time is worth money, the longer you wait for a resolution the more you are spending of your time and effort. The longer it ...; Created on 26 March 2024
118. In costs budgeting, comparison of the parties' respective budgets is a relevant consideration - Nancy Kelehar, Temple Garden Chambers: (News Category 3); ... claimant to estimated costs of £26,225. The defendant’s estimated costs had been agreed in the sum of £37,727, i.e. over 40% more. Grounds of Appeal In appealing the determination of HHJ Baucher on ...; Created on 20 March 2024
119. Supreme Court Practice Note: 7 March 2024 - Amy Lanham Coles, Temple Garden Chambers: (News Category 2); 19/03/24. Be aware that the President of the Supreme Court issued a practice note on 7 March 2024 designed to encourage junior counsel to take a more prominent role in advocacy in the highest court. ...; Created on 19 March 2024
120. Far from too remote: Armstead v Royal & Sun Alliance [2024] UKSC 6 - Amy Lanham Coles, Temple Garden Chambers: (News Category 3); ... Read more (PIBULJ subscribers only)... ...; Created on 18 March 2024
121. Permission granted to withdraw admission made 3 years earlier - Nancy Kelehar, Temple Garden Chambers: (News Category 2); ... misunderstood matters; the mistake was realised in August 2023 in consultation with counsel; it had not taken an unfair advantage in making later investigation of the claim more difficult; and it acted ...; Created on 15 March 2024
122. February 2024 Contents: (Menus); ... given guidance applicable more widely in civil proceedings in which clarification is sought of the judgment. Practitioners should heed this guidance and be wary of making excessive and unnecessary requests ...; Created on 29 February 2024
123. What Can MedCo Do About the Crisis in PI? - Dr Mark Burgin: (News Category 4); ... for instance medical experts are not even on subgroups as observers. In a recent meeting experts asked whether MedCo could do more given the crisis in PI. The experts were concerned primarily with bad ...; Created on 28 February 2024
124. GMC Good Medical Practice: Loopholes and Unreasonable Expectations - Dr Mark Burgin: (News Category 4); ... This will be uncomfortable and messy at times, will involve compromising and challenging. The doctor who is authentic will help more patients than the one who puts on a mask to hide their feelings. The ...; Created on 26 February 2024
125. Court of Appeal assesses the scope of solicitors’ duty of care to prospective clients during an initial call to their helpline - Nancy Kelehar, Temple Garden Chambers: (News Category 3); ... had no particular reason to expect the damages to be much more than LCH would be likely to have to pay from its own resources under its insurance policy [72]. Thus, the risk that the insurer might refuse ...; Created on 24 February 2024
126. Not a Soft Touch: Walker v Mersey Care NHS Foundation [2024] EWHC 119 (KB) - Amy Lanham Coles, Temple Garden Chambers: (News Category 2); ... gh threshold for disturbing case management decisions (paras 19-21) and findings of fact on appeal (para 22). The court rejected the suggestion that... Image ©iStockphoto.com/padnpen Read more (PIB ...; Created on 23 February 2024
127. Court of Appeal delivers judgment on the delivery of judgments: it is not a transactional process - Nancy Kelehar, Temple Garden Chambers: (News Category 2); ... inflicted on a young child, Lord Justice Baker has given guidance applicable more widely in civil proceedings in which clarification is sought of the judgment. Practitioners should heed this guidance and ...; Created on 21 February 2024
128. January 2024 Contents: (Menus); ... ees charged by solicitors - Nancy Kelehar, Temple Garden Chambers Kenig v Thomson Snell & Passmore LLP [2024] EWCA Civ 15. Date of Judgment: 18/01/2024. The Claimant/Respondent is the beneficiar ...; Created on 31 January 2024
129. Secondary victim claims restricted by the Supreme Court alongside important clarification of the Alcock criteria - Nancy Kelehar, Temple Garden Chambers: (News Category 3); ... between... Image ©iStockphoto.com/Nirian Read more (PIBULJ subscribers only)... ...; Created on 31 January 2024
130. Mini Review: The Government's Response to the Official Injury Claim Service Inquiry - Amy Lanham Coles, Temple Garden Chambers: (News Category 3); ... claims (p. 4); On average, unrepresented claimants settle claims more quickly than represented claimants (p. 10); “Unrepresented claimants are settling their claims for similar, if not higher amounts, ...; Created on 25 January 2024
131. Court of Appeal examines rules relating to the assessment of fees charged by solicitors - Nancy Kelehar, Temple Garden Chambers: (News Category 2); 24/01/24. Kenig v Thomson Snell & Passmore LLP [2024] EWCA Civ 15. Date of Judgment: 18/01/2024. The Claimant/Respondent is the beneficiary of his mother’s estate. He sought to challenge the fees ...; Created on 24 January 2024
132. Another cautionary tale about service: Chehaib v King's College Hospital NHS Foundation Trust [2024] EWHC 2 (KB) - Amy Lanham Coles, Temple Garden Chambers: (News Category 2); ... court did not have jurisdiction to hear the application at all. JUGDMENT Master Stevens gave short shrift to the notion that the court did... Image ©iStockphoto.com/PashaIgnatov Read more (PIBULJ ...; Created on 22 January 2024
133. Working with Emotional Teenagers: (News Category 4); ... approach. A more effective strategy is to talk about the teenager’s emotional responses without reference to the subject matter so that they feel safe in having a discussion. Icky Whilst teenagers ...; Created on 12 January 2024
134. How Do GPs Treat Psychosocial Problems?: (News Category 4); ... and more about how chaotic the person’s life is which why the Biopsychosocial Model can help complex patients. When a GP talks about a holistic assessment they really mean that they look at all the person’s ...; Created on 10 January 2024
135. December 2023 Contents: (Menus); ... 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) ar ...; Created on 29 December 2023
136. Trial fairness generally dictates the challenge of evidence by cross-examination of witnesses, including expert witnesses - Nancy Kelehar, Temple Garden Chambers: (News Category 3); ... Read more (PIBULJ subscribers only)... ...; Created on 15 December 2023
137. Immediate term of 10 months’ imprisonment imposed on fraudulent claimant - Nancy Kelehar, Temple Garden Chambers: (News Category 2); ... into consideration [16-20]... Image ©iStockphoto.com/payphoto Read more (PIBULJ subscribers only)... ...; Created on 12 December 2023
138. What is a Fair Test in Medical Law? - Dr Mark Burgin: (News Category 4); 08/12/23. 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 ...; Created on 09 December 2023
139. How GPs Manage Uncertainty - Dr Mark Burgin: (News Category 4); ... risk Explained badly risk is one of the most troubling aspects of medicine causing health anxiety (worried well) with associated learned helplessness. Detecting a risk factor for a disease can be more ...; Created on 01 December 2023
140. November 2023 Contents: (Menus); ... complicated and uncertain. This book charts the evolution of material contribution as a concept in causation from its original application in occupational disease cases to its more recent analysis in th ...; Created on 30 November 2023
141. Why you have no right to the best treatment - Dr Mark Burgin: (News Category 4); ... eve that there are other, more effective treatments available. Doctor's training: The doctor may not have the training or experience to provide the treatment. This is especially true fo ...; Created on 28 November 2023
142. Interim interim payments on account of costs - Amy Lanham Coles, Temple Garden Chambers: (News Category 3); ... application. It appears this had been dealt with briefly at the end of the approval hearing, and the order noted that the Claimant reserved the right to seek more. The order had also directed that costs ...; Created on 20 November 2023
143. All change but what change? Looking ahead to potential policy reforms for clinical negligence litigation - Amy Lanham Coles, Temple Garden Chambers: (News Category 2); ... intent is “to facilitate faster resolution of claims at a cost that is proportionate to the value of the claim” [Government Consultation Response, p. 9]. This policy aim is also being pursued more widely ...; Created on 19 November 2023
144. Lifting the QOCS cap under r.44.16(2) and whether it is just to do so - Nancy Kelehar, Temple Garden Chambers: (News Category 3); ... helpfully sets out the... Image ©iStockphoto.com/arinahabich Read more (PIBULJ subscribers only)... ...; Created on 18 November 2023
145. FREE CHAPTER from 'A Practical Guide to Material Contribution in Clinical Negligence' by Rhodri Jones: (News Category 2); ... from its original application in occupational disease cases to its more recent analysis in the context of clinical negligence. As with many areas of common law, the courts have attempted to define the ...; Created on 10 November 2023
146. October 2023 Contents: (Menus); ... d 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 ...; Created on 31 October 2023
147. 'Occupational hazards' and direct access cases: Glaser v Atay [2023] EWHC 2539 (KB) - Amy Lanham Coles, Temple Garden Chambers: (News Category 2); ... payment of fees in advance was more complex for barristers instructed on a direct access basis as they could not hold client monies. He noted that the fee agreement was based on a Bar Standards Board (“BSB”) ...; Created on 31 October 2023
148. Justice Committee publishes interim report on the operation of the Official Injury Claim (OIC) Portal - Nancy Kelehar, Temple Garden Chambers: (News Category 2); ... further. The cost of motor insurance: the Government estimated that the whiplash reform programme would reduce the cost of providing motor insurance by more than £1.2 billion and that these savings ...; Created on 31 October 2023
149. Sexual Abuse Claims and the Judicial College Guidelines: AXB v Hossam Metwally [2023] EWHC 2470 (KB) - Amy Lanham Coles, Temple Garden Chambers: (News Category 3); ... Image ©iStockphoto.com/Kuzma Read more (PIBULJ subscribers only)... ...; Created on 30 October 2023
150. The exclusion of expert evidence as inadmissible duplicative hearsay evidence - Nancy Kelehar, Temple Garden Chambers: (News Category 3); ... and corroboration of the conclusions of their... Image ©iStockphoto.com/ShutterWorx Read more (PIBULJ subscribers only)... ...; Created on 30 October 2023
151. Audit on Amendments to PI reports - Dr Mark Burgin: (News Category 4); ... risk that MROs may choose to only use less independent experts who give more favourable opinions. Of the five groups of requests, the first two are simple amendments and reviews of additional records ...; Created on 28 October 2023
152. FREE CHAPTER from 'A Practical Guide to Clinical Negligence - Third Edition' by Geoffrey Simpson-Scott: (News Category 2); ... to either head off the problem(s) or persuasively deal with them as needed. Funding As clinical negligence cases are proportionately more complicated than many other types of civil litigation of comparable ...; Created on 10 October 2023
153. Finding Solutions to the Shortage of Family Medical Experts - Dr Mark Burgin: (News Category 4); ... increases in fees may not resolve the problem. There is unlikely to be any great increases in the fees provided to medical experts and more money would not make medical experts any happier about the ...; Created on 02 October 2023
154. A Limitation Conundrum without a Precedent: Shaw v Maguire [2023] EWHC 2155 (KB) - Amy Lanham Coles, Temple Garden Chambers: (News Category 3); ... of s. 33 in circumstances where an injured person with capacity dies three years or more after the accident or date of knowledge without commencing proceedings (paras 48 & 51). The judge agreed with ...; Created on 30 September 2023
155. The Limits of the Extended Fixed Recoverable Costs Regime - Amy Lanham Coles, Temple Garden Chambers: (News Category 2); ... of claim - typically more complex - that will remain exempt from the fast and intermediate tracks. These are listed at CPR r 26.9(10), read in conjunction with r 26.9(11). As has been the subject of much ...; Created on 29 September 2023
156. The absence of a valid MOT certificate may defeat a claim for credit hire due to lack of causation, even if it does not defeat the entire claim - Nancy Kelehar, Temple Garden Chambers: (News Category 5); ... this “all-embracing form of illegality which deprives the Claimant of all claims arising”, there is a “second, more targeted, form of illegality” which can apply to certain parts of the claim and which ...; Created on 28 September 2023
157. Silence did not amount to a failure to engage in ADR and Part 36 applied - Nancy Kelehar, Temple Garden Chambers: (News Category 3); ... the Claimant’s “failure to engage more positively with ADR…without providing any explanation was surprising” [26], on the facts of this case it could not be said that silence amounted to refusal to undertake ...; Created on 27 September 2023
158. Judging Clinical Negligence Cases: Clarity of Vision - Dr Mark Burgin: (News Category 4); ... judge’s job significantly more difficult. Determine facts Lawyers and expert typically present their ideas, hopes and explanations as facts which the judge has to critically appraise often with incomplete ...; Created on 10 September 2023
159. FREE CHAPTER from 'A Practical Guide to Dental Negligence Litigation' by Louisa Sherlock: (News Category 2); ... as to whether the case is worth investigating further. Should this report come back positive, then the lawyer can then instruct an expert to draft a more detailed breach and causation report. It is important ...; Created on 02 September 2023
160. August 2023 Contents: (Menus); ... erts are often asked to make changes to their reports. In my experience these changes are sometimes reasonable and reflect a simple misunderstanding of fact. Unfortunately more often they are letters ...; Created on 01 September 2023
161. Tricks to Increase Quantum in RTA PI cases - Dr Mark Burgin: (News Category 4); ... In my experience these changes are sometimes reasonable and reflect a simple misunderstanding of fact. Unfortunately more often they are letters which contain tricks to increase quantum. This is an increasing ...; Created on 29 August 2023
162. The 'fundamental' in fundamental dishonesty: Attique Denzil v Usman Mohammed and UK Insurance Ltd [2023] EWHC 2077 (KB) - Amy Lanham Coles, Temple Garden Chambers: (News Category 3); ... argued, inter alia, that whilst the head injury was minor in terms of valuation, invention was more significant than exaggeration and was here designed to bolster the credibility of the overall claim. ...; Created on 25 August 2023
163. Both parts of a combined Part 36 offer have to be beaten for Part 36 cost consequences to follow (and leapfrog permission given on child 'lost years' claim): CCC (by LF MMM) v Sheffield Teaching Hospitals [2023] EWHC 1905 (KB) - Nancy Kelehar, Temple Gard: (News Category 3); ... by a substantial amount but failed to beat her lump sum offer. At the consequentials hearing, the court had to address the question of whether this amounted to a judgment “more advantageous to the Claimant”, ...; Created on 23 August 2023
164. The interaction between medications and ethanol (alcohol) - Dr Mark Burgin: (News Category 4); ... alcohol intakes and ensure robust monitoring and follow-up for these patients. Moreover, doctors may have a greater responsibility to evaluate whether the prescribed medication serves the patient's bes ...; Created on 09 August 2023
165. FREE CHAPTER from 'A Practical Guide to Respirable Crystalline Silica Dust Claims' by Helen Pagett: (News Category 2); ... report. The recommendations in the 2nd report appear to be more watered down; for example, where initially it was recommended the WEL was reduced to 0.05 mg/m3, the later report recommended the HSE ...; Created on 02 August 2023
166. July 2023 Contents: (Menus); ... on. The impact of AI advances on the legal profession is still being debated. Some experts believe that AI will lead to the decline of the legal profession, as AI systems become capable of handling more ...; Created on 31 July 2023
167. Dishonesty or litigation 'wishful thinking' - Anisa Kassamali, Temple Garden Chambers: (News Category 3); ... I will not make that finding. 12. It was clearly not to HVK’s credit that he made untrue statements in his witness statement. Moreover, he did initially defend those statements in cross-examination. ...; Created on 30 July 2023
168. Hoarding as a disability - Dr Mark Burgin: (News Category 4); ... is estimated to be between 2 and 6% of the population. It is more common in older adults and women. Hoarding can have a significant impact on individuals and families. It can lead to social isolation, ...; Created on 12 July 2023
169. What if they created the Artificial Intelligence (Ethics) Act 2023 - Dr Mark Burgin: (News Category 4); ... AI advances on the legal profession is still being debated. Some experts believe that AI will lead to the decline of the legal profession, as AI systems become capable of handling more and more legal tasks. ...; Created on 10 July 2023
170. Whiplash reform: As settlement times rise, the OIC portal remains far from perfect - Matthew Huggett, president of CILEX: (News Category 3); ... more than 90% choose to use a lawyer to assist them. The economics of a system, with no costs recovery – meaning clients have to pay lawyers out of their damages – means that small and medium-sized law ...; Created on 04 July 2023
171. June 2023 Contents: (Menus); ... H.C.H., Jansen, F., Ma, S.Y.A., Aldridge, M. and Nokling, K. E. (April 2023) Court-instructed discussions between experts are getting more frequent, reflecting that they are held in high regard as a me ...; Created on 30 June 2023
172. Thousands of claimants are able to issue claims on the same claim form: Abbot v Ministry of Defence [2023] EWHC 1475 (KB) - Anisa Kassamali, Temple Garden Chambers: (News Category 3); ... commenced by a single claim form under CPR Part 7 (or equivalent). (ii) The CPR therefore provide no absolute limit on the number of claimants on a single claim form. Weight of numbers, without more, ...; Created on 30 June 2023
173. Understanding the Mechanisms of Chronic Pain - Dr Mark Burgin: (News Category 4); ... is pain that lasts for more than 12 weeks and can have a significant disabling impact on a person's life. It can interfere with sleep, work, relationships, and leisure activities. It can also lead to depression ...; Created on 20 June 2023
174. May 2023 Contents: (Menus); ... business it is easy to become overwhelmed. AI is cheaper and has had recent a step change in effectiveness with AI like ChatGPT so it cannot be ignored any more. There are so many different types of AI tec ...; Created on 08 June 2023
175. Legal Mind Case and Commentary No 42: Expert Impartiality: Compliance - Koch, H.C.H., Jansen, F., Ma, S.Y.A., Aldridge, M. and Nokling, K. E. (April 2023): (News Category 4); 02/06/23. This is the forty-second in a series of Case reports and Commentaries from Professor Koch and colleagues. Court-instructed discussions between experts are getting more frequent, reflecting ...; Created on 02 June 2023
176. 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: (News Category 5); ... mant, paragraph 12.2 of CPR Practice Direction 44 amounted to little more than a statement of the obvious; that the fact that a given credit hire organisation's connection with a claim was no greater t ...; Created on 29 May 2023
177. How can Lawyers assess Medical Expert's Skills - Dr Mark Burgin: (News Category 4); 26/05/23. Dr Mark Burgin explains how lawyers can achieve a more comprehensive view of an expert's performance using an open access claimant feedback questionnaire. When lawyers are looking to instruc ...; Created on 26 May 2023
178. How AI is Changing the Legal Landscape - Dr Mark Burgin: (News Category 4); ... business it is easy to become overwhelmed. AI is cheaper and has had recent a step change in effectiveness with AI like ChatGPT so it cannot be ignored any more. There are so many different types of AI ...; Created on 24 May 2023
179. Paralegal Apprenticeships Helping Increase Diversity in the Legal Profession - Jane Robson, CEO, National Association of Licensed Paralegals: (News Category 3); ... a great foundation on which to build a career as a Professional Paralegal. The new Standard is expected to be signed off and launched in Summer 2023. In addition, more End Point Assessment Organisations ...; Created on 08 May 2023
180. April 2023 Contents: (Menus); ... have done more to restrict the public's ability to live their life in peace away from the constant gaze of others than any other actor. Governments have largely been complacent in responding to the t ...; Created on 28 April 2023
181. Embargoed judgments: InterDigital Technology Corporation & Ors v Lenovo Group Ltd & Ors [2023] EWCA Civ 57 - Anisa Kassamali, Temple Garden Chambers: (News Category 3); ... ms as to confidentiality (which were adhered to). There was no public disclosure. Moreover, the facts of the disclosure were investigated and disclosed to the Court without prompting. Image ©iStockphoto.com/young ...; Created on 24 April 2023
182. Another reminder about the risks of surveillance footage: Mantey v Ministry of Defence [2023] EWHC 761 (KB) - Anisa Kassamali, Temple Garden Chambers: (News Category 2); ... more (PIBULJ subscribers only)... ...; Created on 23 April 2023
183. What does the King’s Bench Guide say to Litigants in Person? - Dr Mark Burgin: (News Category 4); ... you have a disability or other vulnerability, you should contact the court in advance of any hearings. The court may be able to make arrangements to make the court process more accessible for you. Wher ...; Created on 20 April 2023
184. Inflexibility in Summary Assessment: R (Isah) v Secretary of State for the Home Department [2023] EWCA Civ 268 - Sebastian Bates, Temple Garden Chambers: (News Category 3); ... have... Image ©iStockphoto.com/catenarymedia Read more (PIBULJ subscribers only)... ...; Created on 15 April 2023
185. Privacy and dysfunction in a 1984 type World - Dr Mark Burgin: (News Category 4); ... done more to restrict the public’s ability to live their life in peace away from the constant gaze of others than any other actor. Governments have largely been complacent in responding to the threats ...; Created on 08 April 2023
186. Whiplash reform: As settlement times rise, the OIC portal remains far from perfect - Matthew Huggett, president of CILEX: (News Category 2); ... more than 90% choose to use a lawyer to assist them. The economics of a system, with no costs recovery – meaning clients have to pay lawyers out of their damages – means that small and medium-sized law ...; Created on 03 April 2023
187. FREE CHAPTER from 'A Practical Guide to Cross-Border Clinical Negligence Claims' by Dominique Smith: (News Category 2); ... as it could have been (and indeed may be more limited) had no embalming processes taken place. Following the post-mortem, the coroner’s investigation must be discontinued if the cause of death becomes ...; Created on 31 March 2023
188. Secretary of State for the Home Department Fails to Strike Out Negligence Claim - Grace Corby, Temple Garden Chambers: (News Category 3); ... dant is able to confer refugee status and the document remains, apparently, the only written proof of status. The more difficult question was the third-stage of whether it was ‘fair, just and reason ...; Created on 15 March 2023
189. Non-party costs orders against solicitors where a CFA is in place - Anisa Kassamali, Temple Garden Chambers: (News Category 3); ... of whether the claimant’s solicitors were acting outside the role of a solicitor. The claimant’s solicitors could not be said to be acting outside of this role. They were doing no more than was permitted ...; Created on 14 March 2023
190. Assessing Children with Behaviour Problems for the Family Court - Dr Mark Burgin: (News Category 4); ... that make the process more sophisticated. Triggers A trigger is those things that happen before the child shows the behaviour and sometimes can be difficult to identify, the parents will say that ‘anything’ ...; Created on 10 March 2023
191. Assessing Capacity for Litigation - Dr Mark Burgin: (News Category 4); ... understand long words. In more complex cases the person may dissociate when upset and stop listening or not trust the solicitor. Functional restrictions in any of motivation, change tolerance, social ...; Created on 06 March 2023
192. Interrogation of draft judgments: Re (Care Proceedings: Fact-Finding) [2023] EWCA Civ 38 - Anisa Kassamali, Temple Garden Chambers: (News Category 3); ... the intervening weeks, there were no fewer than six... Image ©iStockphoto.com/phive2015 Read more (PIBULJ subscribers only)... ...; Created on 27 February 2023
193. Third Party Cost Order Against Expert Witness Overturned on Appeal: Robinson v Liverpool University Hospitals Nhs Trust [2023] EWHC 21 (Kb) - Grace Corby, Temple Garden Chambers: (News Category 2); ... expressing an expert opinion on the standard of care afforded to the Claimant by... Image ©iStockphoto.com/YouraPechkin Read more (PIBULJ subscribers only)... ...; Created on 24 February 2023
194. FREE CHAPTER from 'Low Velocity Impacts in Road Traffic Accidents: Law and Practice' by Jake Rowley: (News Category 2); ... to see why LVI cases are not entirely straightforward. Furthermore, LVI issues routinely arise in low value personal injury claims which, on their face, would objectively warrant allocation to the Fast ...; Created on 24 February 2023
195. How to become an expert in Lead Poisoning - Dr Mark Burgin: (News Category 4); ... Neuropsychological (mood changes) however are more subtle and the treating toxicologist (and claimant) may miss them initially. Gross motor neuropathy such as wrist drop or hearing loss are not likely ...; Created on 13 February 2023
196. How should People with Mental Disability be Protected from Stress? - Dr Mark Burgin: (News Category 4); ... performance is measured by. To manage stress the number of targets should be; no more than three, measure something real about the worker’s performance and consistent with the aims of the job. If further ...; Created on 03 February 2023
197. How to write an expert's report for a coroner's court - Dr Mark Burgin: (News Category 4); ... caused a death does not include ‘more than minimally contributed’. There are other differences for instance an act of omission is of lesser importance than an act of commission. The relatives and experts ...; Created on 31 January 2023
198. Why is an expert Range Of Opinion so stressful for lawyers? - Dr Mark Burgin: (News Category 4); ... is that experts often will state that the neuroimaging is not more likely than not to have had a NAI cause. Most paediatric neuroradiologists do not routinely examine children for NAI so find these questions ...; Created on 30 January 2023
199. Legal Mind Case and Commentary No 41: Expert Witness Requirements - [Koch HCH, Jansen F, Ma SYA, Hughes R and Proctor B, February 2023]: (News Category 4); ... report is judged to be robust and credible. It should not be amended purely because another opinion or point of view has been forwarded which the expert finds to be more comprehensive or credible. Authors ...; Created on 25 January 2023
200. Time limits for the assessment of a CFA - Anisa Kassamali, Temple Garden Chambers: (News Category 2); ... not dispute the Final Statute Bill at the time, but commenced proceedings more than 21 months later (represented by new solicitors). Costs Judge Rowley held at first instance that the claim was barred ...; Created on 17 January 2023

A PRACTICAL GUIDE TO CATASTROPHIC BRAIN INJURY CLAIMS
This concise guide by barrister Pankaj Madan provides practical advice and reminders to those lawyers dealing with catastrophic brain injuries. It will help those bringing and defending such claims. A reminder and easy references of the principal points for those who are more experienced, a pathfinder for those who are perhaps just setting out in this area of personal injury perhaps with their first case, finding their way being led in a team.
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PI Industry News

Advertising watchdog targets motor CMCs in latest crackdown...

Government hints at more controls on RTA damages and costs...

Six-figure sum agreed after baby's choking death...

Government seeks evidence for whiplash review...

Public spending watchdog calls for clin neg costs curbs...

Surveillance company slated for ‘extremely poor’ behaviour in PI case...

Law firm acting for 18 insurers defeats data breach claim in PI battle...

Defendant law firms 'protecting litigation work' with credit hire row...

Solicitor who ran mesh claims facing multiple charges...

Judge awards just £1,200 after credit hire firm claimed £50k...

Credit Hire Articles

We have now published more than 50 specialist credit hire articles. A selection are shown below, or see the complete list here. Subscribers can also access, for free, the latest edition of Kevan & Ellis on Credit Hire.

The absence of a valid MOT certificate may defeat a claim for credit hire due to lack of causation, even if it does not defeat the entire claim - Nancy Kelehar, Temple Garden Chambers

28/09/23. Mr Justice Martin Spencer gave judgment in an appeal by the Claimant against the dismissal of the claim for credit hire charges on the basis that a lack of an MOT certi...

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

29/05/23. Mr Shazad staged a car accident on 25th November 2015. The other driver said at the beginning ‘ I thought the accident was suspicious straight away’ . A court claim ...

Editorial: Pre-Action Disclosure of Financial Documents in Credit Hire Cases - Aidan Ellis, Temple Garden Chambers

30/11/18. As long ago as 2004, in the course of carving out the impecuniosity exception in Lagden v O’Connor, Lord Nicholls expressed the hope that the parties “should be able t...

In Credit Hire circles, what goes around comes around (again…): Irving v Morgan Sindall PLC considered - Jason Prosser, Leeper Prosser Solicitors

30/07/18. In Credit hire arguments go in circles, at least that is the experience of the writer (who has now been engaged in conducting credit hire claims for nearly 15 years), w...

Back to Basics: Should Credit Hire be Stripped? - Gary Herring - Horwich Farrelly Solicitors

11/09/14. In Dimond v Lovell the House of Lords made it all seem so simple. In a case where the claimant sought hire charges in the princely sum of £346.63, it was held that ...

Out of ‘Control’? Credit Hire and CPR Part 31 - Gary Herring, Horwich Farrelly Solicitors

10/04/14. Disputes relating to disclosure remain an enduring feature of credit hire litigation and, largely to the understandable annoyance of the judiciary, are the source of mu...

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