PI Brief Update

301. How the Seven Principles of Public Life Conflict with a Doctor's Duties - Dr Mark Burgin: (News Category 4); ... more liberal interpretation of the rules. In medicine there are no rights and wrongs only shades of grey, so a doctor who is unable to be flexible will generate stress and complaints. True integrity ...; Created on 19 August 2021
302. July 2021 Contents: (Menus); ... by an articulated goods vehicle which drove on the wrong side of the road, into the car in which he was a passenger. It was more likely than not, the medical expert concluded, that the death would hav ...; Created on 31 July 2021
303. PI: One of the top six growth areas for paralegals as we come out of lockdown - Amanda Hamilton, Chief Executive, National Association of Licensed Paralegals (NALP): (News Category 3); ... more people on the streets, and where there are crowds, inevitably there will be issues between individuals. Moreover, with an increase in pedestrians on the streets, accidents may happen with people ...; Created on 29 July 2021
304. M'Naghten rules and civil cases - Dr Mark Burgin: (News Category 4); ... he nature and quality of what happened because it is too complex. Often the hospital’s own investigation fails to understand what went wrong. How much more unfair is limitation on those who were sever ...; Created on 26 July 2021
305. Disrupting the Law - Dr Mark Burgin: (News Category 4); ... must be able to use AI. A lawyer working with AI will be able to run a case in a fraction of the time (typically 15%) compared with a standard lawyer. The way that they work will change with more time ...; Created on 22 July 2021
306. Fear and anguish shortly before instantaneous death: Chouza v Martins & Ors [2021] EWHC 1669 (QB) - Paul Erdunast, Temple Garden Chambers: (News Category 3); ... £500. Mr Rodriguez, the deceased, was unfortunately killed by an articulated goods vehicle which drove on the wrong side of the road, into the car in which he was a passenger. It was more likely than ...; Created on 14 July 2021
307. June 2021 Contents: (Menus); ... Services Ltd) in Karatysz v SGI Lega [2021] EWHC 1608 (QB)... Noise Immission Level (NIL) Part 3: More complicated features - Jim Hester, Parklane Plowden Chambers This third article in relatio ...; Created on 30 June 2021
308. Annual audit of top 200 UK law firm websites show most aren't compliant with new Google updates - Sam Borrett, Legmark: (News Category 2); ... k highly for the keywords “personal injury firm Manchester” but what is the value to your firm? This year’s report revealed that “personal injury solicitor” is fifteen times more expensive in pay-per-cli ...; Created on 30 June 2021
309. Solicitors win latest PI costs battle, but the war goes on - Ged Courtney, Kain Knight Costs Lawyers: (News Category 3); ... informed consent to be charged more than was recovered from the third party. She said that s.74(3) of Solicitors Act 1974 operated to limit the solicitors fees to the fixed costs recovered from her opponent. ...; Created on 29 June 2021
310. Family Justice Council: Experts and the Family Justice System: Widening the Pool Webinar - Dr Mark Burgin: (News Category 4); ... increase their length. The idea that the experts will learn to enjoy cross examination by being exposed to more of it in training is flawed. Normal people do not like being savaged by a barrister or ...; Created on 24 June 2021
311. Capacity to present evidence, reasonable adjustments and intermediaries - Dr Mark Burgin: (News Category 4); ... adjustments are built into the process the expert cannot do more than recommend that they are followed. A second common restriction is where the person has a failing or no memory of the events. This ...; Created on 23 June 2021
312. The new whiplash reforms: A 7-point whip-around of key changes - Paul Erdunast, Temple Garden Chambers: (News Category 2); ... effect of making whiplash claims much less valuable, both in terms of damages and in relation to costs. It really is a sea-change. Providing a full assessment of the new system would take up far more words ...; Created on 18 June 2021
313. First instance County Court decision disallows medical agency cut of costs claimed in a medical report on the fixed costs regime - Paul Erdunast, Temple Garden Chambers: (News Category 3); ... The Defendant submitted that Aldred v Cham was analogous to this case because the... Image ©iStockphoto.com/catenarymedia Read more (PIBULJ subscribers only)... ...; Created on 17 June 2021
314. R (on the application of Wandsworth Borough Council) v Her Majesty’s Senior Coroner for Inner West London - Jim Hester, Parklane Plowden Chambers: (News Category 2); ... death to be established, it must be said that the conduct had either caused the death, or more than minimally, negligibly, or trivially contributed to it. It was noted that this is a different test to ...; Created on 10 June 2021
315. Noise Immission Level (NIL) Part 3: More complicated features - Jim Hester, Parklane Plowden Chambers: (News Category 3); 08/06/21. This third article in relation to the Noise Immission level (NIL) considers some of the more complicated or arguable features. The first article considered the basics of the NIL. The second ...; Created on 08 June 2021
316. May 2021 Contents: (Menus); ... at no more than £25,000). The Claimant in this case argued that product liability claims fall outside the EL/PL Protocol. DJ Vernon sitting at Cardiff disagreed... Fundamentally dishonest claimant ...; Created on 31 May 2021
317. Legal Mind Case and Commentary No. 34: Fundamental dishonesty or genuine unreliability? - Koch HCH, Gill I and Wilson S: (News Category 4); ... additional medico-legal reports) are carefully examined and explicitly cited in the expert’s report. Furthermore, where it is clear that further assessment would be helpful, for example by an Orthopaedic ...; Created on 26 May 2021
318. Beyond the Pritchard Criteria: Fitness for Court - Dr Mark Burgin: (News Category 4); ... accused of crimes that occurred during the gaps in their memory. Although there are likely to be as many male victims of spiked drinks as female victims it is more difficult to prove. The stereotype of ...; Created on 24 May 2021
319. Fundamentally dishonest claimant committed for contempt of court in circumstances where he falsely claimed that he did not know a so-called independent witness - Paul Erdunast, Temple Garden Chambers: (News Category 3); ... to the possibility of being committed for contempt of court. However, such advice becomes more urgent if you are aware that a claimant in a factually analogous situation has in fact been committed for ...; Created on 17 May 2021
320. Procedure: First instance County Court decision suggests that low value product liability claims fall within the EL/PL protocol - Paul Erdunast, Temple Garden Chambers: (News Category 2); ... that apply to claims within their ambit (the main feature of such claims being that they are valued at no more than £25,000). The Claimant in this case argued that product liability claims fall outside ...; Created on 14 May 2021
321. PAL (A Child) v Davison, MacPherson & Colburn Ltd T/A Westbourne Motors and Aviva Insurance Ltd [2021] EWHC - Harry Peto, Temple Garden Chambers: (News Category 2); ... assess the likely... Image ©iStockphoto.com/studiocasper Read more (PIBULJ subscribers only)... ...; Created on 12 May 2021
322. The MedCo Expert Audit - Dr Mark Burgin: (News Category 4); ... to be working out what documents are required as they go so it is likely that each round of audits will require more evidence. Their approach has clearly been influenced by the difficulties that they ...; Created on 10 May 2021
323. Wormald v Ahmed - Part 36 Offers and the Death of a Protected Party - Paul Stagg, 1 Chancery Lane: (News Category 2); ... of a rule. The aim is to make the rules more user-friendly, but it does not assist in determining which rule takes precedence if there is a conflict between them. It is suggested that the deputy judge’s ...; Created on 05 May 2021
324. Noise Immission Level (NIL) Part 2: NIL and the Coles Guidelines - Jim Hester, Parklane Plowden Chambers: (News Category 3); ... or 100 dB (A) NIL, depending on the audiometry. However, there is also detail in the Notes, which is relevant to the Noise Immission Level. Note 3 – Averaging audiograms This is perhaps more related ...; Created on 03 May 2021
325. April 2021 Contents: (Menus); ... Garden Chambers Where a party contracts COVID and is therefore unable to work, that may be a good reason for the failure to comply with an order - even an unless order. Furthermore, there may be no need ...; Created on 30 April 2021
326. Noise Immission Level (NIL): Part 1, the Basics - Jim Hester, Parklane Plowden Chambers: (News Category 3); ... topic: The Basics. NIL and the Coles guidelines. More complicated aspects of NIL. What is the Noise Immission Level (NIL)? In simple terms this is an individual’s lifetime ...; Created on 30 April 2021
327. High Court rejects submission that the objective evidence should be taken as the primary source of reliance compared with witnesses' recollection, even in a road traffic accident from over five years ago: Barrow & Ors v Merrett & Anor [2021] EWHC 792 (QB): (News Category 2); ... a secondary source because the contemporaneous documentation and expert evidence provided a more objective and reliable source of evidence. She cited the judgment of Leggatt J in Gestmin SGPS (SA) ...; Created on 22 April 2021
328. MedCo CPD training programme for experts - Dr Mark Burgin: (News Category 4); ... noted. There is more practical advice that an expert can include in their work and the language used is easier to understand. Those instructing experts might be concerned about the apparent slow progress ...; Created on 22 April 2021
329. How falling ill with COVID may be a good reason for failure to comply with an unless order: Finvest Holdings Sarl v Lovering [2021] 3 WLUK 579 - Paul Erdunast, Temple Garden Chambers: (News Category 3); 21/04/21. Where a party contracts COVID and is therefore unable to work, that may be a good reason for the failure to comply with an order - even an unless order. Furthermore, there may be no need to ...; Created on 21 April 2021
330. Costs: Sir Henry Royce Memorial Foundation v Mark Gregory Hardy [2021] EWHC 817 (Ch) - Harry Peto, Temple Garden Chambers: (News Category 2); ... court, perverting the course of justice and fraud which were... Image ©iStockphoto.com/bluestocking Read more (PIBULJ subscribers only)... ...; Created on 20 April 2021
331. Practitioner's Update: Mustard v Flower & Ors [2021] EWHC 846 (QB) - Harry Peto, Temple Garden Chambers: (News Category 3); ... substantial injustice if the claim were dismissed. The dismissal includes any... Image ©iStockphoto.com/bedo Read more (PIBULJ subscribers only)... ...; Created on 19 April 2021
332. Managing High and Low Performing Experts - Dr Mark Burgin: (News Category 4); ... that those chosen will be correctly completed at the expense of other more difficult to measure targets. Fitness for Purpose The key challenge for the PI industry is to produce high quality product ...; Created on 07 April 2021
333. February 2021 Contents: (Menus); ... illion in damages - Andy Shaw, Higgs & Sons A Stockport woman who suffered serious injuries in a road traffic accident has received more than £1 million in damages after a six-year legal battle. T ...; Created on 17 March 2021
334. FREE CHAPTER from 'A Practical Guide to Psychiatric Claims in Personal Injury - 2nd Edition' by Liam Ryan: (News Category 3); ... or Defendant. Therefore they have over the last decade become increasingly more partisan than of application, but still should be looked to for broad guidance. This chapter does not intend to recount, ...; Created on 16 March 2021
335. Medical Uncertainty: Supervision in General Practice - Dr Mark Burgin: (News Category 4); ... lawyer more significant. A general nurse who sees children with symptoms of minor illness cannot act safely on their own. The general nurse training may include some time on a children’s ward, but their ...; Created on 11 March 2021
336. Online Clinical Negligence Conferences - Dr Mark Burgin: (News Category 4); ... as video clips or Draw My Life type illustrations on a white board can may a dull presentation more interesting. The common factor in the most popular videos on the web is that the speaker is authentic. ...; Created on 10 March 2021
337. Costs: Junejo v New Vision TV Ltd [2021] EWHC 449 (QB) - Harry Peto, Temple Garden Chambers: (News Category 2); ... CPR policy of “pay-as-you-go” in terms of costs applies... Image ©iStockphoto.com/picha Read more (PIBULJ subscribers only)... ...; Created on 09 March 2021
338. 'Unconvincing and unreliable' witnesses vs dishonest ones: relevant factors and lessons to learn for litigation: Brint v Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 (QB) - Paul Erdunast, Temple Garden Chambers: (News Category 3); ... of the witness was that she was not motivated by financial gain, and this was... Image ©iStockphoto.com/ Read more (PIBULJ subscribers only)... ...; Created on 08 March 2021
339. Practitioner's Update: Butters & Anor v Hayes [2021] EWCA Civ 252 - Harry Peto, Temple Garden Chambers: (News Category 2); ... purposes, time will cease to run upon the delivery of the claim form to the court office. The decisions assume that this will include... Image ©iStockphoto.com/DNY59 Read more (PIBULJ subscribers only)... ...; Created on 05 March 2021
340. Abuse of Process: Credit hire brought outside of the MOJ portal: Poku v Abedin - Amrit Atwal, Park Square Barristers: (News Category 2); 01/03/21. Your claim is an abuse of process. No, your application is! This is an appeal in the matter of Poku v Abedin [2020] by the Claimant against a decision by DDJ Omoregie in which a claim for ...; Created on 01 March 2021
341. Practitioner's Update: Kumar v Hellard [2021] EWHC 181 (Ch) - Harry Peto, Temple Garden Chambers: (News Category 3); ... on the communications from medical experts generally as to the appellant’s Alzheimer’s. The respondent’s counsel replied... Image ©iStockphoto.com/ Read more (PIBULJ subscribers only)... ...; Created on 26 February 2021
342. Hacking Part 36 offers by waiting a day after the relevant period, accepting the offer, and then disputing costs: Pallett v MGN Ltd [2021] EWHC 76 (CH) - Paul Erdunast, Temple Garden Chambers: (News Category 2); ... failed to engage with the settlement process. Relevant provisions of CPR Part 36 CPR 36.13(1) provides that where an offer is... Image ©iStockphoto.com/BrianAJackson Read more (PIBULJ subscribers ...; Created on 25 February 2021
343. Finding A Forensic Medical Records Expert (FMRE) - Dr Mark Burgin: (News Category 4); ... to be ‘holistic’ as it based upon the consultation as a whole rather than any specific error. Where the expert was an impressive witness this lack of logic would not stand in the way of winning. As more ...; Created on 10 February 2021
344. Why Managers and Doctors Struggle to Communicate - Dr Mark Burgin: (News Category 4); ... will try to explain again but find the attention of the group more focused upon their emotional state than the point that the doctor is making. The group then fire questions to ‘understand the doctor’s ...; Created on 09 February 2021
345. Traffic accident victim receives £1 million in damages - Andy Shaw, Higgs & Sons: (News Category 2); 02/02/21. A Stockport woman who suffered serious injuries in a road traffic accident has received more than £1 million in damages after a six-year legal battle. The lady sustained complex fractures ...; Created on 02 February 2021
346. How Using A Lawyer Can Help Your Personal Injury Claim: (News Category 3); ... of dollars or more. Amidst all of these, one question is important; Who is at fault? If you or a loved one has been involved in an accident and suffered injuries, speaking to a Seattle Injury Law expert ...; Created on 01 February 2021
347. Devonshires Solicitors LLP v Elbishlawi and Lam Developments Ltd [2021] EWHC 173 (Comm) - Harry Peto, Temple Garden Chambers: (News Category 2); ... Image ©iStockphoto.com/jax10289 Read more (PIBULJ subscribers only)... ...; Created on 31 January 2021
348. Azam v University Hospital Birmingham NHS Foundation Trust [2020] EWHC 3384 (QB) - Paul Erdunast, Temple Garden Chambers: (News Category 3); ... for relief from sanctions, arguments about resiling from admissions, and in this case, which concerned whether to extend limitation to allow a claim being issued roughly 20 years out of date. Furthermore, ...; Created on 30 January 2021
349. Godfrey v Automotive Products Limited (unreported, 17 December 2020) - Paul Erdunast, Temple Garden Chambers: (News Category 2); ... deduction from their damages. Furthermore, he pointed out that the Commercial Court appears to take this approach to CPR 44.2(6)(g) when it comes to the funding of commercial claims. As to the absence ...; Created on 29 January 2021
350. Asbestosis: assessing damages on a provisional basis - Jim Hester,Parklane Plowden Chambers: (News Category 3); ... in the course of his lifetime, possibly as high as 10% more. The expert considered that there was a 5% risk of more a severe and rapidly progressing asbestosis which would be sufficient to cause life-limiting ...; Created on 26 January 2021
351. Landmark Ruling Clarifies Accommodation Claims - Claire Burnell, Higgs & Sons: (News Category 2); ... changes the calculation used when people require more expensive accommodation as a result of injury. Ms Burnell said: “I welcome this judgment and it is certainly a positive one for claimants. It helpfully ...; Created on 24 January 2021
352. What Information should GPs record? - Dr Mark Burgin: (News Category 4); ... needing to check them and thus save time. In the rare situations where the sensitive records are required the GP could insist on more information than a signed consent form. Conclusions The current ...; Created on 21 January 2021
353. Final Report from The President of the Family Division Working Group on Medical Experts in the Family Courts - Dr Mark Burgin: (News Category 4); ... the family court and the criminal court for alleged abuse. 10. More committees, training bodies, guidelines, templates, targets, forums, online resources, interest groups, working groups and recommendations ...; Created on 19 January 2021
354. Case Summary: M v W - Helen Reynolds, Spencers Solicitors: (News Category 2); ... end still slightly raised and red. Updated medical evidence suggested that the scar was likely to improve further, but could be expedited with laser or fat transfer to give more cushioning underneath. ...; Created on 14 January 2021
355. FREE CHAPTER AND FOREWORD from 'A Practical Guide to the Small Claims Track - 2nd Edition' by Dominic Bright: (News Category 3); ... with claims that have been allocated to the small claims track ‘is intended to provide a proportionate procedure by which most straightforward claims with a financial value of not more than £10,000 can ...; Created on 08 January 2021
356. December 2020 Contents: (Menus); ... Personal Injury Articles Belsner v CAM Legal Services judgment raises more questions than answers - Ged Courtney, Kain Knight On Friday 16th October 2020, the Court handed down an eagerly-awaited ...; Created on 04 January 2021
357. Can Data Breach result in Psychological Injury? - Professor Hugh Koch, Dr Joe Grace, Dr Fay Huntley & Michael Davies: (News Category 4); ... awareness of GDPR, claims solely for distress against organisations who hold and control data will be given a firmer legislative basis and become more common. The principles and methods for investigating ...; Created on 21 December 2020
358. FREE CHAPTER from ‘A Practical Guide to Claims Arising from Fatal Accidents – 2nd Edition’ by James Patience: (News Category 3); ... for those new to it and a comprehensive guide to all of the latest arguments and case law for the more experienced practitioner. The latest edition of this book deals with the new rights of cohabitees ...; Created on 20 December 2020
359. FREE CHAPTER from 'A Practical Guide to Asbestos Claims' by Jonathan Owen & Gareth McAloon: (News Category 2); ... of a more marked degree of fibrosis in a shorter time, than when the concentration is low.”4 It was followed up by a further report by the same authors in 19315. The guidance from the reports was ...; Created on 19 December 2020
360. PI Practitioner, December 2020: (News Category 2); ... Introduction This article serves as a reminder for solicitors preparing witness statements not to include written argument within them. Furthermore, it gives guidance as to what a legal representativ ...; Created on 16 December 2020
361. Summary of Recent Cases, December 2020: (News Category 3); ... spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 December 2020
362. Belsner v CAM Legal Services judgment raises more questions than answers - Ged Courtney, Kain Knight: (News Category 2); ... e of an express agreement to charge more. When arriving at this conclusion he referred to s. 74(3) of Solicitors Act 1974 and CPR 46.9(2). The effect of this was that the success fee was calculated at 1 ...; Created on 05 December 2020
363. How well do law firms understand their clients and the effectiveness of their own marketing? - Qamar Anwar, First4Lawyers: (News Category 3); 04/12/20. This year more than any in recent memory has highlighted how much businesses need to be aware of their costs and budgets. Businesses can be forgiven for not having predicted an unforeseen ...; Created on 04 December 2020
364. How Value Based Healthcare Embeds Clinical Negligence - Dr Mark Burgin: (News Category 4); ... satisfaction, which are both more about wants than needs thus distorting priorities. Worse still is that the pressure to help the patient with wants means that the doctor will try increasingly risky ...; Created on 02 December 2020
365. Choosing A Medical Expert for A Clinical Negligence Case - Dr Mark Burgin: (News Category 4); ... If you need to save money you should short list three experts yourself and double check with BAILLI and Google for any history, agencies are more expensive. You should request a CV and an anonymised ...; Created on 01 December 2020
366. November 2020 Contents: (Menus); ... When Luis Suarez bit off more than he could chew in Liverpool’s Premier League encounter with Chelsea in April 2013 there was a storm of controversy. If the same incident had occurred on the street rather ...; Created on 30 November 2020
367. Sports Injuries and the Law - Michelle Liddy, Oriel Chambers: (News Category 2); 22/11/20.Very often in sports there are incidents which lawyers must wonder about in a way that others may not. When Luis Suarez bit off more than he could chew in Liverpool’s Premier League encounter ...; Created on 30 November 2020
368. Does the insurance policy cover COVID-19? - Dr Mark Burgin: (News Category 4); ... HCoV-229E, HCoV-OC43, HKU1) are found in the UK. The potential of COVID-19 to cause a more severe illness has been known since 2013 when SARS and then MERS (two other coronaviruses) caused outbreaks. Insurers ...; Created on 27 November 2020
369. Sources of Data for Monitoring Expert Performance - Dr Mark Burgin: (News Category 4); ... professionals. Using multiple linked measures and looking at composite performance is more effective but there are limits to using data to understand performance. Many differences in performance involve ...; Created on 26 November 2020
370. PI Practitioner, November 2020: (News Category 2); ... etrom SA v Glenmore International SG [2017] 1 WLR 3465 - factors including the length of time between the relevant offer and the judgment, whether the defendant took bad points or behaved reasonably in pu ...; Created on 16 November 2020
371. Summary of Recent Cases, November 2020: (News Category 3); ... n reduce that figure by an assessment of expected future damages. The second issue is more noteworthy for personal injury practitioners. The question facing the Court was whether the Judicial Colle ...; Created on 15 November 2020
372. FREE CHAPTER from 'A Practical Guide to the Compensation Recovery Unit and NHS Charges in Personal Injury Claims in England & Wales' by Andrew Cousins: (News Category 3); ... The position is more complicated though if an appeal in the substantive claim is launched after a trial. In such a situation, the parties should take note of the position expounded by Professor Lewis ...; Created on 10 November 2020
373. FREE CHAPTER from 'A Practical Guide to Costs in Personal Injury Claims - 2nd Edition' by Matthew Hoe: (News Category 2); ... the name of that key case? Find it here. Need a quick guide on the law in a specific area? Find it here. The book is rich in expert insight into the way that costs claims work. It is a more accessible ...; Created on 10 November 2020
374. How Medical Accidents Happen - Dr Mark Burgin: (News Category 4); ... need to do to get better is significant. Over time the patient’s problems will increase if old problems remain unsorted as new problems occur which makes them more complex and difficult to help. Eventually ...; Created on 28 October 2020
375. Top 10 Ways That Defendant Solicitors Win Clear Cut Cases - Dr Mark Burgin: (News Category 4); ... arguments The defendants raise an issue which is clearly wrong (a type of straw man argument )and then after lengthy discussions they concede the point. This does more than delay, it distracts the ...; Created on 27 October 2020
376. Clinical Negligence Claims and the Myth of Defensive Medicine - Paul Sankey, Enable Law: (News Category 2); ... has become sceptical of the defensive medicine argument even if the Court of Appeal is more easily persuaded. One of the reasons is a lack of evidence in its favour. In fact there are a number of ironies h ...; Created on 21 October 2020
377. Swift v Carpenter and the Cost of Special Accommodation - Carin Hunt, Outer Temple Chambers: (News Category 3); ... more expensive accommodation than he previously occupied, likely a bungalow fitted to meet his particular needs. This is described by the courts as the claimant’s need for special accommodation. How ...; Created on 20 October 2020
378. PI Practitioner, October 2020: (News Category 2); ... heads of claim arise where a claimant requires a more expensive house in order to accommodate for their injuries. The impact of this case on practitioners is significant. When preparing schedules o ...; Created on 16 October 2020
379. Summary of Recent Cases, October 2020: (News Category 3); ... was 'well available' to them. D8 had a remedy in contribution proceedings which was contrary to the Overriding Objective because it would lead to more cost, delay and court time D8 submitted t ...; Created on 15 October 2020
380. How will COVID-19 change the personal injury landscape? - Kelvin Farmaner, Trethowans LLP & David Wilson, Van Ameyde UK Limited: (News Category 2); ... impacted in part by the ability of solicitors and claims management companies to take instructions and action new claims. There is also anecdotal evidence that there have been more serious accidents. There ...; Created on 12 October 2020
381. FREE CHAPTER from ‘A Practical Guide to Clinical Negligence – 2nd Edition’ by Geoffrey Simpson-Scott: (News Category 3); ... as needed. Funding As clinical negligence cases are proportionately more complicated than many other types of civil litigation of comparable value, the costs tend to be higher. This is an attractive ...; Created on 09 October 2020
382. FREE CHAPTER from ‘A Practical Guide to the Law of Medical Treatment Decisions’ by Ben Troke: (News Category 2); ... ethical principle of non-maleficence (more accessibly put as “do no harm”)1. Finally, for these purposes, the principle of justice – of treating people fairly, for example in allocation ...; Created on 08 October 2020
383. Clinical Consent: Where Are We Now? - Ruwena Khan, Park Square Barristers: (News Category 3); ... that has taken place, most often in birth injury claims which require life-long monetary assistance. Moreover, the area of clinical negligence does not just involve money as the central focus - far from ...; Created on 30 September 2020
384. The Impact on PI Law of The New Sentencing (Equality) Guidelines - Dr Mark Burgin: (News Category 4); ... the court as it did not address the issues. Disability Analysis Reports are cheaper, more rapidly obtainable and provide clear advice to the court about matters of interest. The increasing focus that ...; Created on 29 September 2020
385. August 2020 Contents: (Menus); ... ul cases and other materials in that area. This month: Pegg v Webb (1) Allianz Insurance Plc (2) [2020] EWHC 2095 (QB)... Medico-Legal Articles, Edited by Dr Hugh Koch Becoming more virus-resilie ...; Created on 25 September 2020
386. Griffiths v TUI UK Limited [2020] EWHC 2268 (QB): The Court may not depart from uncontroverted expert evidence - Sam Way, Devereux Chambers: (News Category 3); ... the claim. The decision On appeal, Martin Spencer J noted that “where an expert’s opinion is disputed, that opinion will carry little weight if, on proper analysis, the opinion is little more than ...; Created on 25 September 2020
387. The White Book must not be thrown out of the window! - Mark James, Temple Garden Chambers: (News Category 3); ... had turned out to be worth more than £25,000 and the delay had caused prejudice to the defendant. But that is all. The issue of how to deal with applications to lift stays granted under the PAP, particularly ...; Created on 23 September 2020
388. PI Practitioner, September 2020: (News Category 2); ... ton's report and Part 35 answers, and found that the medical evidence had not established that, following Wood v TUI Travel Plc [2018] QB 927, it was more likely than not that the Claimant's illness was ...; Created on 22 September 2020
389. Summary of Recent Cases, September 2020: (News Category 3); ... e claim is expressly set out. Furthermore, the Provision relied upon by the Defendant concerned claims where settlement had been reached at Stage 2, and was therefore inapt when considering claims which h ...; Created on 21 September 2020
390. July 2020 Contents: (Menus); ... s Ltd [2020] EWHC 1260 (QB) Medico-Legal Articles, Edited by Dr Hugh Koch Becoming more virus-resilient: tips on dealing with the COVID-19 coronavirus situation (updated) - Professor Hu ...; Created on 01 September 2020
391. Employers’ Liability for Work Place Stress: The Principles and Pitfalls - Michelle Liddy, Oriel Chambers: (News Category 2); ... Image ©iStockphoto.com/BrianAJackson Read more (PIBULJ subscribers only)... ...; Created on 31 August 2020
392. What is a 'highway maintainable at public expense'? Court of Appeal clarifies the tests in Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696 - Sam Way, Devereux Chambers: (News Category 2); ... (1) above) shall for the purposes of this Act be highways maintainable at the public expense:- Image ©iStockphoto.com/Nikada Read more (PIBULJ subscribers only)... ...; Created on 28 August 2020
393. Two Lacunas Too Big: Appeal Costs in Low Value Personal Injury Litigation - Vinesh Mistry, Barrister, DWF Advocacy Ltd: (News Category 2); ... ng Read more (PIBULJ subscribers only)... ...; Created on 27 August 2020
394. Section 33 of the Limitation Act 1980; Credibility and Prejudice - Andrew Roy & Nina Ross,12 King's Bench Walk: (News Category 3); ... Read more (PIBULJ subscribers only)... ...; Created on 26 August 2020
395. How the Paralegal Sector can help PI law firms post Covid-19 - Amanda Hamilton, NALP: (News Category 2); ... process clients more quickly, allowing you to take on more cases and, therefore, improving your income overall. Also, if your costs are lowered by subcontracting a chunk of your workloads to a paralegal, ...; Created on 25 August 2020
396. Summary of Recent Cases, August 2020: (News Category 3); ... andbook as a mere formality, however, they were entitled to rely on the Claimant's experience and qualifications. Moreover, the handbook added nothing that the Claimant did not already know. • The Claimant' ...; Created on 15 August 2020
397. Whittington Hospital NHS Trust v XX [2020] UKSC 14: Damages are recoverable for foreign commercial surrogacy arrangements - Sam Way, Devereux Chambers: (News Category 2); ... the majority judgment, departed from her own decision in Briody in respect of both the... Image: public domain from https://pixabay.com/en/embryo-ivf-icsi-infertility-1514192/ Read more (PIBULJ subscribers ...; Created on 03 August 2020
398. Book Review: 'Personal Injury Limitation Law 4th Edition' (Bloomsbury) by Andrew Roy and Nina Ross: (News Category 4); 30/07/20. Limitation issues frequently arise, whether in the form of a technical question on the date of knowledge in an industrial disease case or, more prosaically, in attempting to rescue a personal ...; Created on 30 July 2020
399. Appropriate Use of Hyperbole by Experts - Dr Mark Burgin: (News Category 4); ... experience and something more is required. All experts use a little hyperbole as a tool when trying to paint a picture or trying to explain something in simple terms but mostly they use measured words ...; Created on 25 July 2020
400. Causing Pain to Conscious Patients - Dr Mark Burgin: (News Category 4); ... ERCP is more likely to be effective if the patient has had an anaesthetic than if they are undergoing conscious sedation as they will be less restless. This improved outcome had led to most other countries ...; Created on 20 July 2020

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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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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