PI Brief Update

401. Vicarious liability comes to a sudden stop - Sam Way, Devereux Chambers: (News Category 3); ... was employed, and his tortious acts, such that it was right that Morrisons were to be held liable... Image cc flickr.com/photos/gareth1953/6316198474/ Read more (PIBULJ subscribers only)... ...; Created on 20 July 2020
402. PI Practitioner, July 2020: (News Category 2); ... some more information as to the missing documents. Freedman J considered that this was completely unsatisfactory and that the Applicant ought to have specified the missing documents in correspondence wit ...; Created on 16 July 2020
403. Summary of Recent Cases, July 2020: (News Category 3); ... ee where the figures are heading as the hearing progresses. As was highlighted in this recent case, it will therefore be ever more important to phrase offers carefully, and to keep in mind any steps that ma ...; Created on 15 July 2020
404. Section 33 of the Limitation Act 1980: Credibility and Prejudice - Andrew Roy & Nina Ross,12 King's Bench Walk: (News Category 2); ... to be more beneficial to their client for limitation to be determined separately or alongside the substantive issues. Andrew Roy and Nina Ross are barristers specialising in personal injury at 12 Ki ...; Created on 03 July 2020
405. Will Brexit affect PI Paralegals? - Amanda Hamilton, National Association of Licenced Paralegals: (News Category 2); ... left by the virtual eradication of legal aid, and therefore, tend to handle the lower end claims and matters that solicitors are not able, or indeed not financially viable to deal with, it is more likely ...; Created on 30 June 2020
406. Legal Mind Case and Commentary No 30: The Joint Report and Agendas - Koch HCH, Sutton E, Fernandez-Ford L and Jansen F, (June 2020): (News Category 4); ... statements can be particularly affected by personality and logical/use of language skills. For a joint statement to be of use to the Court, and the judge’s deliberations, it needs to be more concise ...; Created on 23 June 2020
407. High Court denies relief from sanctions - Louise Jackson, Browne Jacobson: (News Category 3); ... Image ©iStockphoto.com/picha Read more (PIBULJ subscribers only)... ...; Created on 20 June 2020
408. PI Practitioner, June 2020: (News Category 2); ... firm which owned the dog that had been involved in the accident. Neither the First nor the Third Defendant played any active part in the proceedings. In March... Image ©iStockphoto.com/EmiliaU Read ...; Created on 16 June 2020
409. Summary of Recent Cases, June 2020: (News Category 3); ... er Part 36 offer of £110,000... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 June 2020
410. Human Factors (HF) and QIPP: Part of the Solution or Problem? - Dr Mark Burgin: (News Category 4); ... thresholds for treatment so will increase overall funding. Ageing means that any savings from prolonging healthy life are wiped out by extending unhealthy life and more years taking preventative medication. ...; Created on 05 June 2020
411. Brain injury rehabilitation driven to crisis-point by perfect Covid-19 storm: (News Category 3); ... rehabilitation standards have dropped as a result of the Covid-19 pandemic, with 92% saying that brain injury rehabilitation is going to be more reliant than ever on the private and charitable sectors ...; Created on 03 June 2020
412. Legal Mind Case and Commentary No 29: Risks of Unbalanced and Misleading Expert Evidence - Koch HCH, Medley A and Pelser C, May 2020: (News Category 4); ... the more consistent the factual evidence is, the more persuasive the expert’s opinion is likely to be. Irrespective of the reliability and consistency of data, information and evidence available to the ...; Created on 22 May 2020
413. Electronic signatures and the importance of knowing your expert - Simon Ross, Exchange Chambers: (News Category 3); ... However, after reading it carefully, keen to learn how this piece of evidence might affect the day’s negotiations... Image ©iStockphoto.com/Blair_witch Read more (PIBULJ subscribers only)... ...; Created on 17 May 2020
414. PI Practitioner, May 2020: (News Category 2); ... el lens, was pursued unsuccessfully, as the Claimant failed to... Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 May 2020
415. Summary of Recent Cases, May 2020: (News Category 3); ... y negligence. The Claimant contended that the driver... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 May 2020
416. Tort of deceit and recovering exemplary damages - Morgan Davies, Horwich Farrelly: (News Category 2); ... personal injury... Image ©iStockphoto.com/tap10 Read more (PIBULJ subscribers only)... ...; Created on 14 May 2020
417. You are breathing my air; New insights on respiratory pathogens - Dr Mark Burgin: (News Category 3); ... and arrange a genotype to identify the infection. Conclusions Public health has been many times more effective than technology and simple steps such as changing airflow patterns in offices, public ...; Created on 12 May 2020
418. Legal Implications of Palliative Care Decisions in Covid-19 - Dr Mark Burgin: (News Category 4); ... - called ‘ARDS’. (2) As the ventilator attempts to force oxygen into the lungs it damages the delicate tissues causing worsening of the inflammation and more fluid. Most of those who survive are treated ...; Created on 10 May 2020
419. Losing the Battle against Burnout - Dr Mark Burgin: (News Category 4); ... the worker may have a personal injury claim. It is estimated that 50% of medical professionals have burnout and a number are more seriously injured - the NHS has been urged to develop a workplace policy. ...; Created on 07 May 2020
420. The effect COVID-19 is having on UK media trends and attracting claims - Andy Cullwick, First4Lawyers: (News Category 2); ... of online, there has surprisingly been a huge increase in paid social as more people spend time at home, but this doesn’t come without a price. As competition for consumer attention heightens, so does ...; Created on 01 May 2020
421. Credit Hire and Fundamental Dishonesty - Aidan Ellis, Temple Garden Chambers: (News Category 3); ... and therefore that the whole claim should be dismissed pursuant to section 57. In order to explain the decision, it is necessary to set out... Image ©iStockphoto.com/payphoto Read more (PIBULJ subscribers ...; Created on 29 April 2020
422. FREE CHAPTER from 'A Practical Guide to the Pre-Action RTA Claims Protocol for Personal Injury Lawyers' by Antonia Ford: (News Category 2); ... on or after 31st July 2013; (2) the claim includes damages in respect of personal injury; (3) the claimant values the claim at no more than the Protocol upper limit; and (4) if proceedings ...; Created on 23 April 2020
423. Summary of Recent Cases, April 2020: (News Category 3); ... rk as a financial advisor and would only be capable of achieving minimum wage going forward. The Claimant's main... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 April 2020
424. Andrea Brown v Comissioner of Police of the Metropolis & Others [2019] EWCA Civ 1724: The Court of Appeal addressed the application of QOCS in 'mixed' claims - Ian Meikle, Civitas Law: (News Category 3); ... and directions to destroy information were rejected. The claim for personal injury was also rejected... Image ©iStockphoto.com/alexskopje Read more (PIBULJ subscribers only)... ...; Created on 07 April 2020
425. Do not stand on ceremony, else time will become the Claimant’s enemy: Durkan -v- Schmidt - James Devenny, Horwich Farrelly: (News Category 2); ... d not take more than a couple of hours to find in favour of the application. She made a finding of fact that the Claimant's Solicitors were in receipt of evidence that suggested the case was worth far m ...; Created on 03 April 2020
426. Evidence of Large-Scale Neglect for Child Mental Health - Dr Mark Burgin: (News Category 4); ... There is extensive evidence that early treatment is more effective, cheaper and has benefits for the family and society as a whole. Final Points Sir James Munby, retired President of the Family Division ...; Created on 02 April 2020
427. March 2020 Contents: (Menus); ... ng that it was directly liable under EU law for injuries sustained by a pedestrian who was struck by an uninsured vehicle on private land. At the same time, it concluded... Becoming more virus-resilie ...; Created on 31 March 2020
428. Legal Mind Case and Commentary No 27: PTSD in Road Traffic Accident: A review of key medico-legal issues - Koch HCH, Jansen F, Crowther-Green H & Francis A: (News Category 4); ... focus is more sleep disturbance, nightmares, flashbacks and emotional detachments or dissociation then Eye Movement Desensitisation and Re-Processing (EMDR) is considered. A behavioural/practical adjunct ...; Created on 30 March 2020
429. Covid 19: How Should the Law React?: (News Category 2); ... This makes advice more complex, the courts cannot simply say ‘no over 60s to come to court’ and must give tailored advice for both stop and start phases. Face to face or video? Vulnerable claimants ...; Created on 27 March 2020
430. PI Practitioner, March 2020: (News Category 2); ... iaU Read more (PIBULJ subscribers only)... ...; Created on 16 March 2020
431. Becoming more virus-resilient: tips on dealing with the COVID-19 coronavirus situation - Professor Hugh Koch: (News Category 2); ... daily routines. I have always felt responsible for my behaviour at home, at work and outside throughout the pandemic, guided by government advice. Since Monday night’s PM audience, I am even more confident ...; Created on 16 March 2020
432. Summary of Recent Cases, March 2020: (News Category 3); ... d, who offered to come and collect him in her car if he stayed put. The Claimant, however, decided to... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 March 2020
433. Personal injury solicitors urged to combat 'desperate' tactics of firms targeting success fee refunds in RTA claims...: (News Category 3); ... in the national media suggest more than two million people could have valid claims against no-win, no-fee law firms. Checkmylegalfees.com (recently acquired by Manchester practice Clear Legal Limited, ...; Created on 12 March 2020
434. Short Notes on Migrated Contraceptive Devices - Dr Mark Burgin: (News Category 4); ... minor surgery regularly (more than 5 a month) this is not an onerous requirement but some will find the task difficult. There is no range of opinion whether GPs should follow the GMC advice about being ...; Created on 10 March 2020
435. Legal Mind Case and Commentary No 26: Psychological harm following sexual abuse. Procedural aspects of psychological assessment - Koch HCH, Milner P and McFadyen K: (News Category 4); ... not uncommon for children who experience sexual abuse in childhood to experience other forms of adverse childhood experience and are more likely to live in dysfunctional households. When assessing for ...; Created on 27 February 2020
436. The difficulties of contracting out of fixed costs - Andrew Roy, 12 King's Bench Walk: (News Category 2); ... re-allocation... Image ©iStockphoto.com/RobertCrum Read more (PIBULJ subscribers only)... ...; Created on 25 February 2020
437. Does, and should, Legal Professional Privilege apply to PI Paralegal Lawyers? - Amanda Hamilton & Jane Robson, NALP: (News Category 2); ... . The legal sector has changed significantly in recent years, with the role of the Professional Paralegal Lawyer coming more and more into its own. With this in mind, perhaps it is also time that we clear ...; Created on 24 February 2020
438. Is there Sense in Common Sense? Manchester Shipping Ltd v (1) Balfour Shipping Ltd, (2) Nikolay Nikolayevich Sochin [2020] EWHC 164 (Comm) - Daniel Tresigne, Advocate, DWF Advocacy Ltd: (News Category 2); ... the preparation of Precedent R's... Image ©iStockphoto.com/bluestocking Read more (PIBULJ subscribers only)... ...; Created on 20 February 2020
439. Surveillance Evidence: Trump Card or Joker? Grant v Newport City Council [2018] EWHC 3813 Ch - Vinesh Mistry, Barrister, DWF Advocacy Ltd: (News Category 3); ... … if it wanted to ensure there was no risk of procedural unfairness to the claimant…" Image ©iStockphoto.com/Kuzma Read more (PIBULJ subscribers only)... ...; Created on 19 February 2020
440. PI Practitioner, February 2020: (News Category 2); ... aU Read more (PIBULJ subscribers only)... ...; Created on 16 February 2020
441. Summary of Recent Cases, February 2020: (News Category 3); ... d by a passer-by. Following this incident, the owners of the hotel... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 February 2020
442. Brain injury solicitors report greater cooperation from insurers - Bill Braithwaite QC, Exchange Chambers: (News Category 3); ... general. Over the last 12 months, the majority (63%) of claimant solicitors have dealt with a defence solicitor / insurer who has refused to accept their suggested case manager. This is more understandable ...; Created on 14 February 2020
443. How does mould damage health? - Dr Mark Burgin: (News Category 4); ... more readily under conditions such as dampness or at particular times of the year which explains variation in its respiratory effects. Susceptibility People who have a history of allergic disease are ...; Created on 10 February 2020
444. Understanding GPs: Struggling to Cope - Dr Mark Burgin: (News Category 4); ... Their health deteriorates until they are forced to attend A & E as an emergency when they cannot cope anymore. Failure of prevention is substantially more expensive and leads to worse results which ...; Created on 07 February 2020
445. January 2020 Contents: (Menus); ... ow Velocity Impact - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP considers how issues of low velocity impact have moved on from Delta V to a more subtle approach... Insights from A ...; Created on 31 January 2020
446. Data Breach and Privacy Claims: The next big thing? - Rick Preston, Horwich Farrelly: (News Category 2); ... data breaches/group actions? Claimant lawyers are more likely to be interested in individual claimants if they are involved in a serious breach causing substantial distress or loss. However, as with ...; Created on 27 January 2020
447. Low Velocity Impact - Dr Mark Burgin: (News Category 4); 24/01/20. Dr. Mark Burgin BM BCh (oxon) MRCGP considers how issues of low velocity impact have moved on from Delta V to a more subtle approach. Low Velocity Impact has been raised in RTA PI cases ...; Created on 24 January 2020
448. Insights from APIL Training - Dr Mark Burgin: (News Category 4); ... a problem that many experts at the meeting had found difficult and would like to ask more questions perhaps in a Webinar. Evidence obtained illegally ‘In civil claims, the starting point is that i ...; Created on 23 January 2020
449. Understanding GPs: The Triple Aim as a Management Tool - Dr Mark Burgin: (News Category 4); ... is possible but optimising on three dimensions is mathematically impossible. Project management describes this as the Iron Triangle but it is more popularly known as Good, Fast, Cheap: You Can Only Pick ...; Created on 22 January 2020
450. PI Practitioner, January 2020: (News Category 2); ... ed an extension under that protocol. The Claimant subsequently issued his Claim Form, which stated that he expected to recover no more than £5,000. At this stage the Claimant did not have the benefit of exp ...; Created on 16 January 2020
451. Summary of Recent Cases, January 2020: (News Category 3); ... his... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 January 2020
452. QOCS protection denied in a 'mixed claim' case - Hazel Leeson, Langleys Solicitors: (News Category 3); ... a claim for damages for personal injury but this aspect of the claim was rejected at trial... Image ©iStockphoto.com/jeffdalt Read more (PIBULJ subscribers only)... ...; Created on 13 January 2020
453. Legal Mind Case and Commentary No 25: Giving a range of opinions on psychological cases: Independence, Objectivity and Impartiality of CPR Part 35 experts - Koch, HCH., Nokling, K. E. and Nolan, L: (News Category 4); ... and it did not infringe any existing copy. The judge heard evidence from two experts in textile design, both experienced in their field, one significantly more experienced in giving evidence than the ...; Created on 10 January 2020
454. FREE CHAPTER from ‘A Practical Guide to the Law of Bullying and Harassment in the Workplace’ by Philip Hyland: (News Category 2); ... field more level rather than tilted towards the employers, or capital. The workplace has become increasingly regulated from the start of the twentieth century onwards. There are laws in place governing ...; Created on 08 January 2020
455. FREE CHAPTER and Foreword from ‘A Practical Guide to the Small Claims Track’ by Dominic Bright: (News Category 2); ... Senior Circuit Judge Designated Civil Judge for the County Court in East Anglia November 2019 MORE INFORMATION / PURCHASE THE BOOK ONLINE 1. Overview This chapter provides an overview of the special ...; Created on 07 January 2020
456. Do GPs make Reasonable Adjustments for Disabled People? - Dr Mark Burgin: (News Category 4); ... when they are ill. More concerning is that home visiting is the only reasonable adjustment that is in the contract and GPs can delegate visits to other staff anyway. If GPs are saying publicly that ...; Created on 30 December 2019
457. Understanding GPs: Biopsychosocial Progress - Dr Mark Burgin: (News Category 4); ... and apparently insoluble problems, but do they do more than just prevent patients from seeing specialists? Aesop's The North Wind and The Sun Specialist are like the North Wind, they have powerful approache ...; Created on 27 December 2019
458. Holiday Illness Fraud: pursuing committal proceedings against dishonest claimants - even if legal proceedings are not submitted by the claimant - Jared Mallinson, Horwich Farrelly: (News Category 2); ... truth... Image ©iStockphoto.com/cb34inc Read more (PIBULJ subscribers only)... ...; Created on 23 December 2019
459. FREE CHAPTER from 'A Practical Guide to Military Claims' by Ahmed Al-Nahhas: (News Category 3); ... repulse of the enemy. In the planning or and preparation for such operations any more than in their execution. The planning or and preparation for military operations will include decisions as to the deployment ...; Created on 21 December 2019
460. FREE CHAPTER from ‘A Practical Guide to the Law of Driverless Cars – Second Edition’ by Alex Glassbrook, Emma Northey & Scarlett Milligan: (News Category 2); ... likely to strike a reader as not only complex, but somewhat futuristic: after all, fully autonomous cars, taxis and delivery vehicles are not expected to arrive on our roads in the immediate future. Moreover, ...; Created on 20 December 2019
461. PI Practitioner, December 2019: (News Category 2); ... nt. However, following the accident, he was made redundant and... Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 December 2019
462. Summary of Recent Cases, December 2019: (News Category 3); ... Steam Packet Company Limited [2010] EWCA Civ 683. Keefe concerned a seaman who had been exposed to noise whilst working in ships' galley. No noise assessments had been made by the shipowners. Longmor ...; Created on 15 December 2019
463. When the Ogden Tables just don't work - Malcolm Henke, Horwich Farrelly: (News Category 2); ... This would include consideration of... Image ©iStockphoto.com/peepo Read more (PIBULJ subscribers only)... ...; Created on 10 December 2019
464. Legal Mind Case and Commentary No 24: Gestmin and Witness Evidence [Koch HCH, McFadyen K, Crowther-Green H and Milner P, 2019]: (News Category 4); ... The more often a memory is elaborated, the more it is believed, whether it is accurate or not. The experience of litigation affects the process of making a witness statement, albeit unconsciously, again ...; Created on 04 December 2019
465. Credit Hire: Is it right to hire when the cost of a replacement taxi exceeds a claimant's profits? - Darren Mendel, Partner at Horwich Farrelly: (News Category 2); ... it is unreasonable mitigation to expend more in attempting to make a profit than the profit itself’’. Therefore, the claimant was awarded £423. The claimant sought to appeal the decision to the High ...; Created on 04 December 2019
466. What Role Will PI Paralegals Play in the Future of the Legal Services Sector? - Amanda Hamilton, NALP: (News Category 2); 29/11/19. Many PI firms see the potential in employing paralegals and PI firms are often keen to pay for their staff to gain paralegal qualifications or for their paralegals to take CPD courses. Moreover, ...; Created on 29 November 2019
467. Appropriate Responses to the Joint Expert Conference - Dr Mark Burgin: (News Category 4); ... (oxon) MRCGP explains how to manage difficult behaviours in the Joint Expert Conference. There are some behaviours that appear to have more in common with playing games than a professional followin ...; Created on 28 November 2019
468. FREE CHAPTER from 'A Practical Guide to Sepsis and Meningitis Claims' by Isaac Hogarth: (News Category 3); ... adults is defined as persisting hypotension requiring vasopressors (medicines that cause blood vessels to contract and raise blood pressure) to maintain a mean arterial pressure of 65mmHg or more and having ...; Created on 26 November 2019
469. FREE CHAPTER from 'Ellis on Credit Hire - Sixth Edition' by Aidan Ellis: (News Category 2); ... in Dimond v Lovell that deal with the recovery of that part of the credit hire costs that relate to additional benefits on the grounds that they are obiter ”2 Moreover, many subsequent cases confirm ...; Created on 25 November 2019
470. Recording appointments with medical experts: Is the evidence admissible? - Paul Sankey, Enable Law: (News Category 3); ... d proprietary rights in the tests putting them in the public domain... Image ©iStockphoto.com/alice-photo Read more (PIBULJ subscribers only)... ...; Created on 19 November 2019
471. Interim Payment on Account of Costs: Global Assets Advisory Services Ltd & Anor v Grandlane Developments Ltd & Ors [2019] EWCA Civ 1764 - Andrew Cousins, Counsel at DWF Advocacy Ltd: (News Category 3); ... e is good reason not to do so. The Judge at first instance held that, in accordance with the decision in... Image ©iStockphoto.com/picha Read more (PIBULJ subscribers only)... ...; Created on 18 November 2019
472. PI Practitioner, November 2019: (News Category 2); ... aU Read more (PIBULJ subscribers only)... ...; Created on 16 November 2019
473. Summary of Recent Cases, November 2019: (News Category 3); ... t's experts were of the view that the Claimant had... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 November 2019
474. Missing Evidence and CPR35.14 - Dr Mark Burgin: (News Category 4); ... solicitors and experts. Disastrous cases This is more than just a matter of technical significance or a discomfort for the expert as I have been involved in a number of cases which become a disaster ...; Created on 01 November 2019
475. PI firms ignoring clients who contact them after 5.30pm or via Facebook - Qamar Anwar, Managing Director, FIRST4LAWYERS: (News Category 3); ... was full and couldn't take any more messages. Unsurprisingly, only 8% of callers actually managed to speak to a fee-earner/expert when they called, while a similar number received a call back that sam ...; Created on 25 October 2019
476. Review of MedCo training 2019 - Dr Mark Burgin: (News Category 4); ... eve data is of the highest importance to an expert's work but is not mentioned. The expert provides practical support with the documentation. A question and answer format would be more successful. Legal U ...; Created on 22 October 2019
477. Legal Mind Case and Commentary No 23: Reasoning and Logic in Psychological/Psychiatric Evidence [Koch HCH, Crowther-Green H and Nokling K, 2019]: (News Category 4); ... in more detail and with more case analysis and reference in due course. Narrative Coherence Narrative coherence is important in fact finding. The narrative shapes the assessment and prognosis. ...; Created on 18 October 2019
478. Legal Mind Case and Commentary No 22: Maintain robust and impartial opinions during the Joint Statement process [Koch HCH, Nolan L, Milner P & Adeleye N, 2019]: (News Category 4); ... birth afterwards. Mood disturbance occurred later, triggered in large part by a recognition of the extent of the baby’s, brain damage. This recognition came later in time and was more remote than the negligence ...; Created on 17 October 2019
479. FREE CHAPTER from ‘Personal Injury 2019 – Updates, Cases and Key Decisions’ by Andrew Mckie: (News Category 2); ... and it may make it uneconomical to fight. The costs of any assessment will be paid by the client unless the solicitor’s costs are reduced by more than one fifth in which case the solicitor will pay the ...; Created on 17 October 2019
480. PI Practitioner, October 2019: (News Category 2); ... were made administrators of their mother's estate when she died intestate. A claim was... Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 October 2019
481. Summary of Recent Cases, October 2019: (News Category 2); ... , but recommended that a neurologist be consulted. The Claimant subsequently received an... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 October 2019
482. The legal liability of the sportsman for causing injury to a third party - Alec Samuels: (News Category 3); ... the air, and a third party can receive a nasty blow... Image ©iStockphoto.com/padnpen Read more (PIBULJ subscribers only)... ...; Created on 11 October 2019
483. When may a parent company be liable for harm caused by the operations of its subsidiary: new developments in Vedanta Resources plc v Lungowe - Harry Sheehan, Devereux Chambers: (News Category 2); ... with only the claimants in Vedanta being successful in the Court of Appeal... Image ©iStockphoto.com/nito100 Read more (PIBULJ subscribers only)... ...; Created on 07 October 2019
484. FREE CHAPTER from ‘A Practical Guide to Prison Injury Claims’ by Malcolm Johnson: (News Category 3); ... (“PPO”) – https://www.ppo.gov.uk/ whose work we examine in more detail later in this book. The PPO carries out independent investigations into deaths and complaints in prison. His 2017 to 2018 ...; Created on 04 October 2019
485. PI Discount Rate: ABI vs Government - Qamar Anwar, Managing Director, First4Lawyers: (News Category 2); ... 0% and 1%, “as the government intended”, and so there would be no savings to pass on. But let’s look at that more closely. In September 2017, the then Lord Chancellor said: “While it is difficult to ...; Created on 30 September 2019
486. Recoverable Premiums and Proportionality - Nick McDonnell, Kain Knight Costs Lawyers: (News Category 2); ... the decision on proportionality generally provides little practical guidance and assistance but that it has, in fact, made the task of ensuring costs are proportionate significantly more difficult. But ...; Created on 27 September 2019
487. What is Unjust? JLE v Warrington & Halton Hospitals NHS Trust Foundation [2019] - Andrew Cousins, Counsel at DWF Advocacy Ltd: (News Category 3); ... t the amount by which a Part 36 offer was beaten when determining whether to award the additional amount. The additional award was not a... Image ©iStockphoto.com/bluestocking Read more (PIBULJ subscribe ...; Created on 26 September 2019
488. Brexit and Accidents Abroad - Paul Lewis, George Ide LLP: (News Category 2); ... to apply directly to the foreign equivalent of UK’s Motor Insurers Bureau (MIB). This would make bringing such claims far more difficult and time-consuming than is currently the case. Each member country ...; Created on 25 September 2019
489. Capacity to Parent: Reasonable Adjustments - Dr Mark Burgin: (Burgin); ... reasonable adjustments and something more serious. When assessing a parent’s functional restrictions there are some aspects that need special attention as they can appear insurmountable unless the expert ...; Created on 24 September 2019
490. PI Practitioner, September 2019: (News Category 2); ... Read more (PIBULJ subscribers only)... ...; Created on 16 September 2019
491. Summary of Recent Cases, September 2019: (News Category 3); ... traffic accident occurred when the Defendant turned right, out of a car park, across the path of the Claimant's motorcycle. The Claiman... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribe ...; Created on 15 September 2019
492. Is Everyone Disabled under the Equality Act? - Dr Mark Burgin: (Burgin); ... that “substantial” means more than minor or trivial but this may not concord with public’s idea of a substantial adverse effect on day to day activities. Another area of confusion is where a person can ...; Created on 12 September 2019
493. Why Do Doctors Find Completing Legal Forms So Difficult? - Dr Mark Burgin: (Burgin); ... examiner of death certificates will meet resistance, more advice will remain unread. It is important to get doctors to understand why they should complete legal forms correctly and buy into the idea ...; Created on 05 September 2019
494. How to choose the right Paralegal Course for you, and what to look out for if you are a PI Firm wishing to sponsor your Paralegal Employees - Amanda Hamilton, NALP: (News Category 2); ... outside of the conventional legal sector. Most companies have an element of legality to what they do, and therefore require the services of paralegals to fill that role. It is clearly more cost effective ...; Created on 30 August 2019
495. How outdoor activities can support individuals in their recovery from brain injury - Bill Braithwaite QC: (News Category 3); ... of therapeutic options, from the peace and quiet of fell walking and fishing, to the excitement and drama of white water, kayaks, competitive sailing, and much, much more. So, when the Lake District Calver ...; Created on 27 August 2019
496. What is Soft Knowledge in General Practice? - Dr Mark Burgin: (Burgin); ... and a translate program. More difficult to bridge are the gaps between cultures that arise from different interests, use of idiomatic phrases and social expectations. Cultures are based upon interests ...; Created on 21 August 2019
497. Life Expectancy - Dr Mark Burgin: (Burgin); ... far more accuracy than in previous decades due to the increasing data and risk models available to the assessor. The number of days that a Life will lose or gain due to changes in risk factors can be ...; Created on 20 August 2019
498. Hidden Disability and Stigma - Dr Mark Burgin: (Burgin); ... More helpful is to characterise their difficulties with thinking using disability analysis descriptiors and examples of their impairments to characterise their restrictions. Emotional distress Psychiatric ...; Created on 19 August 2019
499. PI Practitioner, August 2019: (News Category 2); ... mage ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 August 2019
500. Summary of Recent Cases, August 2019: (News Category 3); ... by her sister and litigation friend. The Claimant had obtained... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 August 2019

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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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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