PI Brief Update

201. If a claim is amended to add a personal injury component part way through litigation, QOCS protection still applies to the entirety of the matter - Grace Corby, Temple Garden Chambers: (News Category 3); ... n to costs, he determined that the Claimant would be ordered to pay the Defendant’s costs, subject to the effect of QOCS. As to that he stated... Image ©iStockphoto.com/jeffdalt Read more (PIBULJ subscribe ...; Created on 12 January 2023
202. Does the DPA 2018 Protect the Patient? - Dr Mark Burgin: (News Category 4); ... attached that READ code will be more common. Conclusions Although the unreported case did not go as well as the claimant had hoped the evidence is that the DPA 2018 provides excellent protection to ...; Created on 21 December 2022
203. Court’s Approach to Undertakings Given by Parties in the Settlement of a Claim - Anisa Kassamali, Temple Garden Chambers: (News Category 3); ... Can the Court accept some of the undertakings or, respecting the contractual nature of the settlement, is the Court bound to either... Image ©iStockphoto.com/BlackJack3D Read more (PIBULJ subscribers ...; Created on 16 December 2022
204. Defective Witness Statement for Non-English Language Speaking Claimant Was Ruled Inadmissible Leading to Dismissal of His Claim - Grace Corby, Temple Garden Chambers: (News Category 2); ... n Read more (PIBULJ subscribers only)... ...; Created on 15 December 2022
205. A Reminder That Interlocutory Cost Orders Can Be Made Against QOCS Protected Claimants - Grace Corby, Temple Garden Chambers: (News Category 3); ... Lloyd & Jackson (“the BLJ Claimants”) and the defendant Royal Borough of Kensington and Chelsea (“RBKC”)... Image ©iStockphoto.com/VV Shots Read more (PIBULJ subscribers only)... ...; Created on 14 December 2022
206. Understanding the Barrister's Role in Clinical Negligence - Dr Mark Burgin: (News Category 4); ... comes to doctors being able to decide the facts e.g. ‘loss of chance’ and ‘more than materially contributed’. Other areas of law have similarly dense textbooks of knowledge but few have some many areas ...; Created on 08 December 2022
207. Judicial College Guidelines 16th Edition: Damages for Asbestos-Related Disease - Jim Hester, Parklane Plowden Chambers: (News Category 2); ... See below for more about the effects of inflation, however. As is also common with other parts of the guidelines – pre-Simmons v Castle figures have been removed. There is one exception to this within ...; Created on 02 December 2022
208. High Court Rejects Claimant’s Application for Indemnity Costs: Evans v R&V Allgemeine Verischer [2022] EWHC 2688 (KB) - Grace Corby, Temple Garden Chambers: (News Category 3); ... to... Image ©iStockphoto.com/picha Read more (PIBULJ subscribers only)... ...; Created on 25 November 2022
209. Vulnerable witnesses: AXX v Zajac [2022] EWHC 2463 (KB) - Anisa Kassamali, Temple Garden Chambers: (News Category 2); ... prognoses ([7]-[10]). They take the view that with a case manager appointed and with further medical input it would make it more likely that he would receive medication. However, such input comes at a ...; Created on 24 November 2022
210. Failing Negotiators in Public Services - Dr Mark Burgin: (News Category 4); ... surface there are multiple possible outcomes from the two extremes to having a delay, agreeing to conditions and involving a senior. Beyond these more obvious outcomes there will be other possible outcomes ...; Created on 16 November 2022
211. October 2022 Contents: (Menus); ... ads, private roads and parks, more so now that they are legal to ride in the UK, albeit with strict limitations. It is legal to ride e-scooters on roads and cycle lanes but not on pavements, although th ...; Created on 31 October 2022
212. E-scooter nerves can seriously affect you! Diagnosing and treating post-e-scooter accident anxiety - Professor Hugh Koch: (News Category 4); 28/10/22. Electric scooters are now a common sight on UK public roads, private roads and parks, more so now that they are legal to ride in the UK, albeit with strict limitations. It is legal to ride ...; Created on 28 October 2022
213. Working with Solicitors in Clinical Negligence - Dr Mark Burgin: (News Category 4); ... a range of techniques as diverse as their role. The Generalist expert has skills in many of the same areas as the solicitor which are complementary and can make a solicitor’s job more straightforward. ...; Created on 26 October 2022
214. The incomplete cross-examination: Riley v Salford Royal NHS Foundation Trust [2022] EWHC 2417 (KB) - Anisa Kassamali, Temple Garden Chambers: (News Category 2); ... would have purchased but for the... Image ©iStockphoto.com/ottoblotto Read more (PIBULJ subscribers only)... ...; Created on 21 October 2022
215. Gestwin Principles Applied in the Context of a Road Traffic Accident and the Potential for Eyewitness Accounts to Take Precedence Over Expert Evidence Affirmed - Grace Corby, Temple Garden Chambers: (News Category 3); ... that most... Image ©iStockphoto.com/tumpikuja Read more (PIBULJ subscribers only)... ...; Created on 20 October 2022
216. A Stark Reminder to Insurers About the RTA Protocol: London Borough of Islington v Bourous [2022] EWCA Civ 1242 - Sebastian Bates, Temple Garden Chambers: (News Category 2); ... as the Stage 3 hearing, the... Image ©iStockphoto.com/Eulenblau Read more (PIBULJ subscribers only)... ...; Created on 19 October 2022
217. Application of QOCS protection in a 'mixed' claim: Wokingham Borough Council v Arshad [2022] EWHC 2419 (KB) - Anisa Kassamali, Temple Garden Chambers: (News Category 3); ... at first instance in respect of his negligence claim. Moreover, he was awarded general damages of £42,500 for psychiatric injury (but not for consequential financial loss). He also received £290 for prescription ...; Created on 18 October 2022
218. Case Summary: S v H - Steven Barke, Spencers Solicitors: (News Category 2); ... did not partake in any sports. S refrained from driving, initially for 6 months and then due to ongoing physical and more significantly psychological symptoms like anxiety and panic attacks, S had nine ...; Created on 07 October 2022
219. Browne Jacobson successful in fundamental dishonesty appeal ruling on behalf of the Medical Protection Society - Louise Jackson, Browne Jacobson: (News Category 2); ... riding. Claimant’s Appeal The Claimant appealed the finding of fundamental dishonesty on the grounds that the lower Court should have given more weight to witness evidence and on the basis that she ...; Created on 28 September 2022
220. Parties Can Contract Out of the Fixed Costs Regime: A Reminder for Caution when Drafting Consent Orders: Doyle M&D Foundations & Building Services Ltd [2022] EWCA Civ 927 - Grace Corby, Temple Garden Chambers: (News Category 3); ... have agreed to pay standard basis costs when the fixed costs regime was likely to be much more favourable to the paying party. The necessary and inevitable conclusion, the Defendant argued, was that it ...; Created on 20 September 2022
221. A school was not vicariously liable for abuse by a man on work experience placement against the Claimant student: MXX v A Secondary School [2022] EWHC 2207 (QB) - Grace Corby, Temple Garden Chambers: (News Category 2); ... XM's presence made the Defendant's operation of the school more onerous: he was not undertaking useful work for the Defendant. The Defendant further submitted that where, as was the case, a novel insta ...; Created on 19 September 2022
222. State Immunity and Personal Injury in the High Court: Al-Masarir v Kingdom of Saudi Arabia [2022] EWHC 2199 (QB) - Sebastian Bates, Temple Garden Chambers: (News Category 3); ... section 5 applies to both sovereign and non-sovereign conduct and does not require that all of a... Image ©iStockphoto.com/3dotsad Read more (PIBULJ subscribers only)... ...; Created on 16 September 2022
223. How (Not) to Consider Permission to Appeal and Applications to Re-Open Appeals: UCP Plc v Nectrus Ltd [2022] EWCA Civ 949 - Sebastian Bates, Temple Garden Chambers: (News Category 2); ... Read more (PIBULJ subscribers only)... ...; Created on 22 August 2022
224. A Reminder of the 'Generous Ambit' Of Potential Responses to Applications for Extensions of Time for Service of A Claim Form: ST v Bai (SA) [2022] EWCA Civ 1037 - Sebastian Bates, Temple Garden Chambers: (News Category 2); ... to 14 December 2020 by the Admiralty Registrar. On 7 December 2020, a further extension was granted through to... Image ©iStockphoto.com/DNY59 Read more (PIBULJ subscribers only)... ...; Created on 19 August 2022
225. Damages Based Agreements Are Not Enforceable Against a Non-Counterclaiming Defendant: Candey Ltd v Tonstate Group Ltd & Ors [2022] Ewca Civ 936 - Grace Corby, Temple Garden Chambers: (News Category 2); ... section 58AA of the Courts and Legal Services Act 1990 (“the 1990 Act”)... Image ©iStockphoto.com/georgeclerk Read more (PIBULJ subscribers only)... ...; Created on 18 August 2022
226. The Executor of an Estate Can Apply for Provisional Damages: Power v Hastie & Co Ltd [2022] EWHC 1927 (QB) - Anisa Kassamali, Temple Garden Chambers: (News Category 2); ... damages under a PDO... Image ©iStockphoto.com/Tunatura Read more (PIBULJ subscribers only)... ...; Created on 17 August 2022
227. What should an expert put into the Past Medical History section of a PI report? - Dr Mark Burgin: (News Category 4); ... fractures can indicate a more general history of injury for instance related to playing a contact sport or horse-riding. Injuries related to previous claims can indicate if the claimant is unusual in ...; Created on 09 August 2022
228. Judicial College Guidelines 16th Edition: Work-related Limb Disorders - Jim Hester, Parklane Plowden Chambers: (News Category 2); ... on employability/ amenity). An example of a case affecting hands and feet with acute psychological conditions and acceleration of future joint problems, would receive around £32,500. For more serious ...; Created on 25 July 2022
229. Karanja, R (On the Application Of) v University of the West of Scotland [2022] EWHC 1520 (Admin) - Rochelle Powell, Temple Garden Chambers: (News Category 2); ... by the court was whether there was valid service of the sealed claim form by e-mail on 10 December... Image ©iStockphoto.com/PashaIgnatov Read more (PIBULJ subscribers only)... ...; Created on 15 July 2022
230. Section 57 & Substantial Injustice - Nicholas Dobbs, Temple Garden Chambers: (News Category 3); ... the medical experts. While he was not fabricating his hip symptoms, he had presented them as being more debilitating than they were. He also found that the Claimant had concealed his income from working. ...; Created on 14 July 2022
231. Contracting Out of the Fixed Costs Regime - Nicholas Dobbs, Temple Garden Chambers: (News Category 2); ... that the fixed costs regime can be disapplied by agreement and that an order providing for detailed assessment (without more) entails an assessment on the standard basis per CPR 44.3(4)(a): … In those ...; Created on 13 July 2022
232. Instructing Experts in Post-Traumatic Stress Disorder (PTSD) - Dr Mark Burgin: (News Category 4); ... of the accident and had difficulty remembering details, could you please assess the likely cause?’ Complex PTSD and the Equality Act 2010 The ICD11 recommendations for PTSD recognise a more severe ...; Created on 06 July 2022
233. How to Audit an Expert Report - Dr Mark Burgin: (News Category 4); ... but also whether it has complied with the rules. Whilst CPR35, CrimPR19, FPR25 and practice directions have some minor differences of approach there are more similarities than variation. Where a practice ...; Created on 04 July 2022
234. Hill v Ministry of Justice [2022] EWHC 370 (QB) - Rochelle Powell, Temple Garden Chambers: (News Category 3); ... onerous test of immediacy of harm in assessing whether any injury to the appellant was... Image ©iStockphoto.com/powerofforever Read more (PIBULJ subscribers only)... ...; Created on 17 June 2022
235. PI Practitioner: Ex Turpi Causa Oritur Actio - Nicholas Dobbs, Temple Garden Chambers: (News Category 3); ... Read more (PIBULJ subscribers only)... ...; Created on 14 June 2022
236. Uncertainty In The Law: When Actionable Damage Arises In Mesothelioma Cases - Nicholas Dobbs, Temple Garden Chambers: (News Category 2); ... that the claim under the 2010 Act was bound to fail because the Claimant’s mesothelioma... Image ©iStockphoto.com/Alexey Emelyanov Read more (PIBULJ subscribers only)... ...; Created on 13 June 2022
237. Addressing Inconsistencies in PI reports - Dr Mark Burgin: (News Category 4); ... insufficient or inaccurate information from the claimant and should be considered as expert error. More frequently the inconsistency is due to biopsychosocial phenomenon which is the main reason why ...; Created on 03 June 2022
238. How to Write a CV for an Expert Report - Dr Mark Burgin: (News Category 4); ... long a period in each of the different fields (PI, clinical negligence, criminal, family etc.) that they work. Some cases are more likely to go to court and discussion of giving evidence would be appropriate ...; Created on 01 June 2022
239. Former Regional Costs Judge confirms on appeal that County Court decision was wrong to refuse Litigation Friend expenses for an ATE Premium - Daniel Slade, Express Solicitors: (News Category 3); ... in Rogers should be followed in that the insurance market depends on insuring the less risky cases, to pay for the more risky ones, (iii) That Courts should not arbiter the premium sum, being a matter ...; Created on 30 May 2022
240. Giving Notice of Conditional Fee Agreements with a Success Fee - Nicholas Dobbs, Temple Garden Chambers: (News Category 3); ... more (PIBULJ subscribers only)... ...; Created on 25 May 2022
241. When Seeking Permission To Obtain Fresh Expert Evidence - Nicholas Dobbs, Temple Garden Chambers: (News Category 2); ... after receiving further evidence, the expert... Image ©iStockphoto.com/adisa Read more (PIBULJ subscribers only)... ...; Created on 24 May 2022
242. FREE CHAPTER from 'A Practical Guide to Injury Claims Involving Cyclists' by Patrick Kerr & Helen Waller...: (News Category 2); ... more people were cycling for leisure and sport than in the previous year. That alone is reason enough to produce a book concerning the civil law surrounding cycling. Additionally, however, the latest ...; Created on 23 May 2022
243. The discretion of the court and relief from sanctions: Chan Mok Park v Hassan Hadi & Anor [2022] EWCA Civ 581 - Rochelle Powell, Temple Garden Chambers: (News Category 3); ... that he had the power to grant relief absent a formal application pursuant to CPR 3.9.24. The defendants appealed... Image ©iStockphoto.com/nazdravie Read more (PIBULJ subscribers only)... ...; Created on 20 May 2022
244. Acoustic Shock claim revived because the defendant’s evidence was unreliable: Storey v British Telecommunications plc [2022] EWCA Civ 616 - Rochelle Powell, Temple Garden Chambers: (News Category 3); ... The defendant had either lost or destroyed the... Image: cc flickr.com/photos/mshades/4936942783 Read more (PIBULJ subscribers only)... ...; Created on 19 May 2022
245. The Generalist and the Specialist in Conference - Dr Mark Burgin: (News Category 4); ... more relevant experience in the areas of the case. Opinions on specialist issues are rarely controversial so most cases are decided on issues such as whose account is more likely or what legal test should ...; Created on 11 May 2022
246. MSK: The Basic Examination - Dr Mark Burgin: (News Category 4); ... is sufficient to determine the anatomical area that is injured and any pre-existing problems. This examination is no more detailed than that which would be performed in a General Practice but needs to ...; Created on 10 May 2022
247. April 2022 Contents: (Menus); ... link between... Double Recovery: Costs In Part IIIA of CPR45 Where There Are Two Or More Claimants - Nicholas Dobbs, Temple Garden Chambers In Melloy v UK Insurance Ltd (Portsmouth County Court, ...; Created on 30 April 2022
248. Witness Statements and the complexities of language: A legal minefield? Bahia v Sidhu & Anor [2022] EWHC 875 (Ch) - Rochelle Powell, Temple Garden Chambers: (News Category 3); ... PD32 §2.4). It was submitted that the above breaches were serious and the court was invited to approach... Image ©iStockphoto.com/sodafish Read more (PIBULJ subscribers only)... ...; Created on 26 April 2022
249. Pleading and proving mitigation of loss: Mathieu v Hinds & Anor [2022] EWHC 924 (QB) - Rochelle Powell, Temple Garden Chambers: (News Category 2); ... 2) [1912] AC 673 at 689, per Viscount Haldane LC). (ii) In mitigating their loss, a claimant is only required to... Image ©iStockphoto.com/TonyBaggett Read more (PIBULJ subscribers only)... ...; Created on 25 April 2022
250. Double Recovery: Costs In Part IIIA of CPR45 Where There Are Two Or More Claimants - Nicholas Dobbs, Temple Garden Chambers: (News Category 3); ... damages that fall within Part IIIA of CPR 45 were separately entitled to the costs set out in Table 6B. His Honour Judge Glen determined that where there are two or more claimants in proceedings for damages ...; Created on 21 April 2022
251. Fundamental Dishonesty: The Importance of Adequate Warning To A Claimant - Nicholas Dobbs, Temple Garden Chambers: (News Category 2); ... in person, there has to be written prior notice of the allegations. It was notable in the present case that the Claimant had... Image ©iStockphoto.com/payphoto Read more (PIBULJ subscribers only)... ...; Created on 20 April 2022
252. The Reasonable and Prudent Employer - Jim Hester, Parklane Plowden Chambers: (News Category 3); ... take more than the average or standard precautions. He must weigh up the risk in terms of the likelihood of injury occurring and the potential consequences if it does; and he must balance against this ...; Created on 11 April 2022
253. Truth and the Expert - Dr Mark Burgin: (News Category 4); ... task. It looks at the material evidence and considers which, on balance, is the more likely of the options in front of it. The whole machinery of the court process is working to ensure that the right ...; Created on 04 April 2022
254. Contributory Negligence In Gul v McDunagh - Nicholas Dobbs, Temple Garden Chambers: (News Category 3); ... avoided the impact. There was CCTV footage which showed the... Image ©iStockphoto.com/Clivia Read more (PIBULJ subscribers only)... ...; Created on 24 March 2022
255. Impecuniosity documents: when should they be disclosed? Allianz Insurance PLC -v- Jonathan Holt (3rd December 2021) - Rochelle Powell, Temple Garden Chambers: (News Category 2); ... argued that the prompt identification of impecuniosity as an issue and the consequent disclosure of the sort of documents sought was... Image ©iStockphoto.com/michellegibson Read more (PIBULJ subscribers ...; Created on 23 March 2022
256. Guidance on fee earners in abuse cases: TRX v Southampton Football Club Ltd [2022] EWHC B7 (Costs) - Rochelle Powell, Temple Garden Chambers: (News Category 3); ... the principal or main fee earner.” However, “greater involvement” of a grade A fee earner was considered appropriate for the more “generic costs aspects of the bill”. Similarly, “some input by way o ...; Created on 22 March 2022
257. When is a Party not a Party? - Soyab Patel, KLS Law Solicitors: (News Category 2); ... held that where a claim form is issued by a Claimant against more than one Defendant but is not served on one of the Defendants and time for service of the claim expires without service on that Defendant, ...; Created on 18 March 2022
258. Improving the Quality of Claimant’s Oral Evidence - Dr Mark Burgin: (News Category 4); ... person longer to recall, asking the question in different ways and repeating what the claimant has said are brute force ways of improving recall. More subtle approaches are improving rapport and encouraging ...; Created on 10 March 2022
259. Price v United Engineering - Jim Hester, Parklane Plowden Chambers: (News Category 3); ... as to the nature of the records or witnesses. That difficulties in apportionment can be taken into account. This is more likely in multi-defendant claims, and those where some employers are not ...; Created on 04 March 2022
260. 'Failure to Remove' Claims: Some Further Developments - Paul Stagg, 1 Chancery Lane: (News Category 3); ... Although not expressly so stated, this deals with exception (ii) from the article mentioned above. Furthermore, the police did not make the danger worse by removing their sign before leaving; they were ...; Created on 02 March 2022
261. Justified medical reports: A matter for costs not exclusion. Marva Greyson v Ryan Fuller [2022] EWHC 211 (QB) - Rochelle Powell, Temple Garden Chambers: (News Category 3); ... been disclosed to the defendant; and (3) where the claimant obtains more than one medical report, the first report must be a fixed cost medical report from an accredited medical expert selected via th ...; Created on 21 February 2022
262. Fundamental Dishonesty: Cojanu v Essex Partnership University NHS Trust - Nicholas Dobbs, Temple Garden Chambers: (News Category 2); ... is dishonest about what happened during his crime. 67. I understand that in relation to proof of quantum of suffering by a criminal the Defendant would have become much more wary of the Claimant’s earning ...; Created on 16 February 2022
263. Can secondary victims claim for psychiatric injury in clinical negligence claims? A review of the decision in Paul v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 - Rochelle Powell, Temple Garden Chambers: (News Category 3); ... in each case was either personally present at the scene of the accident or was in the more or less immediate vicinity and witnessed the aftermath shortly afterwards; and, fourthly, that the injuries suffered ...; Created on 26 January 2022
264. The Interpretation of 'Road Or Other Public Place' In The Road Traffic Act 1988 - Nicholas Dobbs, Temple Garden Chambers: (News Category 3); ... e: free use from https://pixabay.com/en/drive-road-summer-forest-tree-2341989// Read more (PIBULJ subscribers only)... ...; Created on 24 January 2022
265. Apportionment of Liability In Road Traffic Accidents Involving Multiple Collisions - Nicholas Dobbs, Temple Garden Chambers: (News Category 3); ... tortious liability, in road traffic accident cases and more generally, is an exercise that requires the application of common sense. The Court cited Wright v. Lodge [1993] RTR 123 (CA), in which Staughton ...; Created on 21 January 2022
266. FREE CHAPTER from 'A Practical Guide to Periodical Payment Orders in Personal Injury Cases in Scotland' by Kirsty O'Donnell...: (News Category 2); ... is that the claimant should receive full compensation for the loss which he has suffered as a result of the defendant’s tort, not a penny more but not a penny less.” The limitations of assessing damages ...; Created on 10 January 2022
267. Contributory Negligence: Are Claimants to Blame?: (News Category 4); ... (disability). The evidence required to argue these principles is largely absent because the relevant experts are more often found giving writing reports for criminal than civil courts. Power Relations ...; Created on 06 January 2022
268. Cross Examining Claimant's Past Medical History - Dr Mark Burgin: (News Category 4); ... told that the history they have given is inaccurate with gratitude that the expert has reminded them. Denial, anger, bargaining or even tears are more common responses but few experts will record these ...; Created on 04 January 2022
269. December 2021 Contents: (Menus); ... The varied dangers of being a vulnerable road user - Scottish legal insights on road traffic accident claims Motorcyclists are generally more at risk on the roads than a person travelling a car, ...; Created on 27 December 2021
270. The varied dangers of being a vulnerable road user – Scottish legal insights on road traffic accident claims: (News Category 3); 17/12/21. Motorcyclists are generally more at risk on the roads than a person travelling a car, van or lorry. They are more exposed on the open road. Cars have airbags which are built in that will ...; Created on 17 December 2021
271. The Expert Witness on Trial - Dr Mark Burgin: (News Category 4); ... more likely to come to conclusions that are unexpected. A red flag is where the expert states that they do not have the expertise and refers to a specialist without first recording an assessment or reviewing ...; Created on 11 December 2021
272. Misunderstanding Ovarian Cancer - Dr Mark Burgin: (News Category 4); ... Increasingly we are recognising that cancers in different parts of the body may have more in common than was thought. Ovarian cancer does not start in the ovary This extraordinary finding that ovarian ...; Created on 09 December 2021
273. November 2021 Contents: (Menus); ... dge wrongly refused to allow the use of an interpreter for one of the defendant's witnesses (who requested an interpreter) and, more generally, did not... Elgamal v Westminster City Council [ ...; Created on 01 December 2021
274. Exceptional Circumstances and recovering costs above fixed recoverable costs - Sean Linley, Carter Burnett: (News Category 2); ... employer’s liability and holiday sickness claims. Beyond this we already have firm indication from the judiciary that the fixed costs limit will be increased and be expanded to cover more claims. It should ...; Created on 30 November 2021
275. Do not Destroy! Ayannuga & Ors v One Shot Products Ltd [2021] EWHC 2930 (QB) - Rochelle Powell, Temple Garden Chambers: (News Category 3); ... file and serve its electronic documents by questionnaire. On 17 May 2021, the defendant’s solicitors, Kennedys, wrote to Leigh Day indicating that the defendant had no hard documentation dating back more ...; Created on 29 November 2021
276. Golizardeh v Sarfraz [2021] EWHC 2814 (Ch): Interpreters, Remote Trials, Fairness & Identifying Language Issues Early - Nicholas Dobbs, Temple Garden Chambers: (News Category 3); ... (who requested an interpreter) and, more generally, did not allow the interpreter to assist the defendant and his other witnesses, for all of whom English was their second language. Early identification ...; Created on 25 November 2021
277. Elgamal v Westminster City Council [2021] EWHC 2510 (QB): When Exaggeration Does Not Amount To Fundamental Dishonesty - Nicholas Dobbs, Temple Garden Chambers: (News Category 2); ... earned as a stuntman and what he would now earn. On appeal, the court reviewed... Image ©iStockphoto.com/Maridav Read more (PIBULJ subscribers only)... ...; Created on 24 November 2021
278. Understanding the Range of Opinion (RoO) - Dr Mark Burgin: (News Category 4); ... Despite being mandatory the CPR35 RoO is found in less than 1% of PI reports are even where several RoO required few experts will offer more than one. Experts cite lack of experience of offering a ...; Created on 16 November 2021
279. What do Litigants in Person (LiPs) want to know from their expert? - Dr Mark Burgin: (News Category 4); ... many times more demanding that those from solicitors and the expert should take care not to take sides when talking to them. Some experts take instruction from LiP by email and do not speak the claimant ...; Created on 15 November 2021
280. 'Failure to Remove' Claims in the High Court: the Appeals in HXA v Surrey County Council and YXA v Wolverhampton City Council - Paul Stagg, 1 Chancery Lane: (News Category 3); ... under s47 [of the Children Act] She said, importantly, that “something more” was required. So the placing of HXA on the child protection register did not amount to “something more”: para 66. Neither ...; Created on 11 November 2021
281. Findings of Fact in Mesothelioma Case - Jim Hester, Parklane Plowden Chambers: (News Category 2); ... from the era (1968 – 1973) itself, but found the evidence from 2016 to be more reliable. This was collaborated by medical notes. This evidence (about what Mr Jackman said) could itself be inaccurate, but ...; Created on 25 October 2021
282. Elgamal v Westminster City Council [2021] EWHC 2510 (QB) - A Decision Considering CPR 36.17 Where There Had Been Exaggeration But Not Fundamental Dishonesty - Nicholas Dobbs, Temple Garden Chambers: (News Category 3); ... between Part 44 and Part 36, they are the same. That is that this claimant faced... Image ©iStockphoto.com/sellingoutstieglitz Read more (PIBULJ subscribers only)... ...; Created on 21 October 2021
283. Children and contributory negligence: Khadija Alabady (a minor by her litigation friend Fatima Alabady v Muhammad Ali Akram [2021] EWHC 2467 (QB) - Rochelle Powell, Temple Garden Chambers & Rebecca Henshaw: (News Category 3); ... Read more (PIBULJ subscribers only)... ...; Created on 19 October 2021
284. Covey v Harris [2021] EWHC 2211 (QB) - Rochelle Powell, Temple Garden Chambers & Rebecca Henshaw: (News Category 2); ... following pertinent issues: 1) The procedural history of the case was important. The Claimant had, at various stages, sought the... Image ©iStockphoto.com/tap10 Read more (PIBULJ subscribers only)... ...; Created on 18 October 2021
285. FREE CHAPTER from 'A Practical Guide to Personal Injury Fixed Costs in Portal and Ex-Portal Cases' by Alexander Mellis: (News Category 3); ... (“the RTA Small Claims Protocol”). More fundamentally, for claims involving road traffic accidents after 31 May 2021 that involve personal injury damages up to £5,000 – and all whiplash injuries lasting ...; Created on 13 October 2021
286. Proving Mould Related Claims for PI - Dr Mark Burgin: (News Category 4); ... skin may occur for months each year worse after wet and cold weather when the mould is more active. The claimant may have psychological symptoms from inter alia having to wear clothes that smell of damp ...; Created on 07 October 2021
287. Medical Opinions in Housing Disrepair Cases - Dr Mark Burgin: (News Category 4); ... Bacterial infections are more common because once there is damage to body surface bacteria can enter more easily. The surveyor’s role The surveyor can assist the medical expert by describing the ...; Created on 06 October 2021
288. September 2021 Contents: (Menus); ... s the common issue of cost budgeting within the Asbestos List, it was set into print. It has been distributed more widely than otherwise would be the case. The Judgment states that approach contained h ...; Created on 30 September 2021
289. How To Understand The Solicitor’s Instructions To The Medical Expert - Dr Mark Burgin: (News Category 4); ... and the experts who can answer those questions. The solicitor then must go back to their experts and try to get them to address the missing issues or instruct new specialists experts who are more appropriate. ...; Created on 29 September 2021
290. Not Happy with Report: what are the claimant’s options? - Dr Mark Burgin: (News Category 4); ... insight into their own failings than any other person and are just as prone to making mistakes. Rarely an expert will be dragged to court to explain their errors but more often they simply move onto their ...; Created on 28 September 2021
291. Child pedestrians and contributory negligence - David Knifton QC, Exchange Chambers: (News Category 3); ... ©iStockphoto.com/breath10 Read more (PIBULJ subscribers only)... ...; Created on 23 September 2021
292. Axnoller Events Ltd -v- Brake [2021] EWHC 2362 (Ch) - Nicholas Dobbs, Temple Garden Chambers: (News Category 3); ... of material adduced by the Brakes. In addition, one of the applications involved a wholly new area of law. It was held that while instructing London solicitors may have been more expensive than provincial ...; Created on 15 September 2021
293. A realistic and common-sense approach. A reminder of the principles relating to the assessment of damages under section 3 FAA: Paramount Shopfitting Company Ltd v Rix [2021] EWCA Civ 1172 - Rochelle Powell, Temple Garden Chambers: (News Category 2); ... he found that Mrs Rix had suffered a loss of financial dependency, notwithstanding that the business was more profitable than it was at the time of her husband’s death. The authorities made it clear that... ...; Created on 14 September 2021
294. Cost Budgeting in the Asbestos List: (News Category 2); ... It has been distributed more widely than otherwise would be the case. The Judgment states that approach contained has the approval of the Asbestos Masters. Smith v W Ford & Sons (Contractors) Ltd ...; Created on 02 September 2021
295. What Has Been the Impact of the Pandemic on Paralegals? - Amanda Hamilton, NALP: (News Category 3); ... of such pro-bono work is stretching the profession, causing immeasurable delays in the courts (as there are so many more litigants in person) and is surely unsustainable for the profession in the long ...; Created on 31 August 2021
296. How Two Law Firms Have Adapted to the PI Reforms - Brian Rogers, Access Legal: (News Category 2); ... placed to do, with more resources to invest in technology to streamline processes and reduce time adding up case-by-case. To find out how the reforms have impacted law firms, we spoke with Mark Evans, ...; Created on 27 August 2021
297. Increases in hourly rates amount to 'special circumstances': Raydens Ltd v Cole [2021] EWHC B14 (Costs) - Rochelle Powell, Temple Garden Chambers: (News Category 2); ... circumstances”. Setting out the principles as to what amounts to... Image ©iStockphoto.com/imagestock Read more (PIBULJ subscribers only)... ...; Created on 27 August 2021
298. A reply must be consistent with the pleadings: R5 Capital Ltd v Mitheridge Capital Management LLP [2021] EWHC 2316 (Ch) - Rochelle Powell, Temple Garden Chambers: (News Category 3); ... ph... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 26 August 2021
299. Unreasonable non-use of the Portal means fixed costs apply: Harford v Music Store Professional UK/DV247 Ltd [2021] EWHC B17 (Costs). - Rochelle Powell, Temple Garden Chambers: (News Category 2); ... a reasonable decision because the claim was felt to be worth above the portal upper limit. That decision was objectively reasonable. It was also submitted that the valuation of a claim is more of an art ...; Created on 25 August 2021
300. Dishonest claim or dishonest claimant? The correct application of section 57: Michael v Hurford Ltd (t/a Rainbow) [2021] EWHC 2318 (QB) - Rochelle Powell, Temple Garden Chambers: (News Category 3); ... of him in cross-examination, including information that did not assist his claim – such as the fact he had... Image ©iStockphoto.com/firebrandphotography Read more (PIBULJ subscribers only)... ...; Created on 24 August 2021

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.
More Info / Buy Now / Read FREE Chapter

NOTE: From 1st May 2020 online
journals are now zero VAT rated.

PIBULJ.COM - The UK's leading online PI journal

Read Latest Issue

Books

Write for PIBULJ.COM

Get your name seen by around 12,000 readers of our website and newsletters. Click here for more information on writing for us.

Advertise on PIBULJ.COM

Get your message seen by PI practitioners across the UK with a text ad, banner ad, or sponsored post on this website, or a banner ad in our newsletters. Click here for more information.

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...

More: