PI Brief Update

601. The Biopsychosocial Consent Process: Changing how Clinical Negligence is Decided? - Dr Mark Burgin: (Burgin); ... selective information can take away choice. The more vulnerable the patient is and the more powerful the doctor the greater the risk that the patient will become influenced by the doctor. Doctors should ...; Created on 30 October 2018
602. Laurence Sprey -v- Rawlinson Butler LLP [2018] EWHC 354 (QB) - Andrew McAulay, Clarion: (News Category 2); ... Butler LLP [2018] EWHC 354 (QB) is a good case to read for anyone who would like to learn more about these types of disputes. The case was an Appeal by the Claimant to the High Court from a decision ...; Created on 26 October 2018
603. Accommodation; Discount or Dilemma? - Trevor Ward, Fletchers Solicitors: (News Category 3); ... between the payment by the tortfeasor for an asset that is likely to increase in value ( not always ) and therefore create a windfall for the injured party during his/her lifetime ( or more likely his/her ...; Created on 25 October 2018
604. Fundamental dishonesty in occupational disease claims - Paul Debney, Weightmans LLP: (News Category 2); ... dishonesty (“FD”) in disease claims. Claimants who bring FD claims risk significantly more than simply failure; there are for example the potential financial consequences of enforceable costs orders, ...; Created on 24 October 2018
605. When can a Claimant be allowed a Second Bite at a Cherry? - Aidan Ellis, Temple Garden Chambers: (News Category 3); ... out when the Claimant failed to comply with an unless order requiring him to particularise his claim. The failure was, on one view more culpable than an ordinary litigation mistake because the Claimant ...; Created on 23 October 2018
606. Legal Mind Case and Commentary No 19: Case: Wright v First Group PLC (12 January 2018, Queens Bench Division, Foskett J Unreported) - Professor Hugh Koch, Dr Claire Browne, Dr Andrew Medley: (News Category 4); ... opinion more favourable than that which has been obtained is discouraged, if not frowned upon. However, paragraph 9.8 pf the Practice Direction 35 states that: “If an expert significantly alters an ...; Created on 22 October 2018
607. Duce v Worcestershire Acute Hospitals NHS Trust [2018] PIQR P18: The implications for Chester v Afshar - Michael Patrick, Hailsham Chambers: (News Category 3); ... nevertheless... Image ©iStockphoto.com/mediaphotos Read more (PIBULJ subscribers only)... ...; Created on 19 October 2018
608. Tuson v Murphy [2018] EWCA Civ 1491 - James Manning, Bevan Brittan LLP: (News Category 2); ... 84304 Read more (PIBULJ subscribers only)... ...; Created on 17 October 2018
609. PI Practitioner, October 2018: (News Category 2); ... t be determined notwithstanding that the... Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 October 2018
610. Summary of Recent Cases, October 2018: (News Category 3); ... Defendant died in 2017 and the proceedings continued against his estate. The Second Defendant did not attend the hearing, indicating instead that... Image ©iStockphoto.com/spxChrome Read more (PIBUL ...; Created on 15 October 2018
611. Kids will be kids: What is the extent of the duty owed by schools to their pupils? - Lauren Seagart, Queen Square Chambers: (News Category 3); ... allowing pupils to run. The claimant appealed... Image ©iStockphoto.com/clubfoto Read more (PIBULJ subscribers only)... ...; Created on 12 October 2018
612. What makes an injury 'actionable'? The Supreme Court offers some guidance - Joanna Lewis, Queen Square Chambers: (News Category 2); ... Image ©iStockphoto.com/Eagle_373 Read more (PIBULJ subscribers only)... ...; Created on 11 October 2018
613. The importance of NICE guidance in a clinical negligence claim regarding the diagnosis and management of pre-eclampsia - Sam Holden & Gemma Dunn, Clyde & Co: (News Category 3); ... baby would have been born alive had he been delivered by the morning of 4 November 2012... Image ©iStockphoto.com/mihhailov Read more (PIBULJ subscribers only)... ...; Created on 08 October 2018
614. Pleadings and fundamental dishonesty: Howlett affirmed as film director’s compensation claim is dismissed - Jeff Turton, Weightmans LLP: (News Category 2); ... of the claim, valued it more conservatively at £2,000-£3,000. The claimant raised a preliminary issue at trial, which was that the defendant was not entitled to argue the claim was fundamentally ...; Created on 02 October 2018
615. Legal Mind Case and Commentary No 18: Stretching an expert's impartiality - Professor Hugh Koch: (News Category 4); ... conclusion, the judge stated that: “The concerns about his evidence cannot be dismissed as presentational, they are more fundamental than that. It was also a little late to acknowledge the failing ...; Created on 28 September 2018
616. Pleadings and fundamental dishonesty: Howlett affirmed as film director’s compensation claim is dismissed - Jeff Turton, Weightmans LLP: (News Category 3); ... of the claim, valued it more conservatively at £2,000-£3,000. The claimant raised a preliminary issue at trial, which was that the defendant was not entitled to argue the claim was fundamentally ...; Created on 26 September 2018
617. Can an 8-year old child be contributory negligent? - Ian Peters, Anthony Gold: (News Category 3); ... cousin, Chloe. A short while later, Caine wanted to go to the skate park as well and eventually left the park by himself to find Cyrus... Image ©iStockphoto.com/Lya_Cattel Read more (PIBULJ subscribers ...; Created on 22 September 2018
618. Irving v Morgan Sindall PLC [2018] EWHC 1147 (QB) - Sharon Hughes, 43templerow: (News Category 2); ... Read more (PIBULJ subscribers only)... ...; Created on 21 September 2018
619. When an accident is just an accident: first judicial guidance on ERRA - Seema Bains, DWF: (News Category 3); ... in the High Court in March where the claimant's case came down to two issues: Image ©iStockphoto.com/PashaIgnatov Read more (PIBULJ subscribers only)... ...; Created on 20 September 2018
620. Absent Witnesses and Adverse Inferences - Claire Christopholus, Hill Dickinson LLP: (News Category 2); ... of ‘products’ had been removed. It was this statement that the Claimant relied upon in alleging that the... Image ©iStockphoto.com/dra_schwartz Read more (PIBULJ subscribers only)... ...; Created on 19 September 2018
621. McDermott v InHealth Limited - Adam Weitzman QC, 7BR: (News Category 3); ... to send... Image cc flickr.com/photos/worldseriesboxing/17209862765 Read more (PIBULJ subscribers only)... ...; Created on 18 September 2018
622. Marketing for PI Lawyers in Challenging Times, ROI and Why Content is Still King - Carl Waring, Aware Marketing: (News Category 2); ... problem. As the use of internet and the means of access to it increase on a daily basis and at a rapid rate, it’s a fair bet that those percentages today in 2018 are far more skewed in favour of the ...; Created on 17 September 2018
623. PI Practitioner, September 2018: (News Category 2); ... iliaU Read more (PIBULJ subscribers only)... ...; Created on 16 September 2018
624. Summary of Recent Cases, September 2018: (News Category 3); ... nce under the Forfeiture Act 1982) was barred by... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 September 2018
625. Analysis Shows Increased Cash Flow Troubles for PI Firms - Norman Kenvyn, VFS Legal Funding: (News Category 3); ... would a more predictable cash flow leave PI firms? A predictable cash flow enables a firm to better manage its needs, allowing investment in new initiatives and business expansion. Needless to say, financial ...; Created on 13 September 2018
626. FREE BOOK CHAPTER from 'A Practical Guide to Industrial Disease Claims' by Andrew Mckie & Ian Skeate: (News Category 2); ... respect of personal injury; (3) the claimant values the claim at not more than £25,000 on a full liability basis including pecuniary losses but excluding interest (‘the upper limit’); and (4) if proceedings ...; Created on 07 September 2018
627. August 2018 Contents: (Menus); ... [2018] EWHC 558 (TCC)... Why transparency is more important than ever in the Legal Services Sector, especially in PI cases, and why we're still not getting it right - Amanda Hamilton, NALP ...; Created on 31 August 2018
628. Why transparency is more important than ever in the Legal Services Sector, especially in PI cases, and why we’re still not getting it right - Amanda Hamilton, NALP: (News Category 3); ... on its head. With the implementation of The Legal Services Act 2007, competition has been increased, all under the umbrella of ‘access to justice for all, at a reasonable cost’. Furthermore, legal aid ...; Created on 30 August 2018
629. A High Court appeal decision which considers fundamental dishonesty and credibility evidence against a claimant - Dan Wood, Ropewalk Chambers & Peter Ward, DAC Beachcroft: (News Category 2); ... (ie, by reference to causation) and quantum. At the trial, the claimant gave evidence that... Image ©iStockphoto.com/firebrandphotography Read more (PIBULJ subscribers only)... ...; Created on 28 August 2018
630. The Discount Rate: What Next? - Trevor Ward, Fletchers Solicitors: (News Category 3); ... past economic circumstances and claimants lack of security. There may be an extension of the use of periodical payments orders (PPOs) to more inventive areas outside of care and case management, although ...; Created on 26 August 2018
631. Editorial: Heatwaves and Court Facilities - Aidan Ellis, Temple Garden Chambers: (News Category 3); ... waiting rooms. Litigants, already in an unfamiliar and stressful environment, may not give of their best in such conditions. Moreover, there are other ongoing concerns about the facilities offered ranging ...; Created on 25 August 2018
632. Faking it: Holiday Sickness Claims, An Update on the New Rules - Katherine Ettridge, Blake Morgan: (News Category 3); ... of the more relevant cases in this regard was Caldwell v Thomas Cook Tour Operations Ltd. Caldwell v Thomas Cook Tour Operations Ltd The Claimant made a claim for illness against the tour operator ...; Created on 23 August 2018
633. RSA v Generali [2018]: Claims for contribution between insurers are subject to a 2 year limitation period - James Byard, Weightmans: (News Category 2); ... Image ©iStockphoto.com/Sashkinw Read more (PIBULJ subscribers only)... ...; Created on 22 August 2018
634. Recovery of NHS Costs for Treating Diseases - Jenny Dickson, Morton Fraser LLP: (News Category 2); ... at may industrial diseases currently covered by a bill will be in decline as employers become more aware of the effects on employees and preventative measures which can be taken to reduce the risk of illne ...; Created on 21 August 2018
635. Fundamental Dishonesty, Conspiracy and Multiple Passenger Claims - Vaughan Jacob, Lamb Chambers: (News Category 3); ... more than a light glancing blow. Indeed the drivers themselves barely noticed the impact and suffered no injury. However each Claimant relied on the corroborative accounts of his peers as well as supporting ...; Created on 19 August 2018
636. Vicarious liability for deliberate actions of independent contractor upheld on appeal - David Williams & Andrea Ward, DAC Beachcroft: (News Category 2); ... . The bank appealed to the Court of Appeal on the basis that the judge... Image ©iStockphoto.com/peepo Read more (PIBULJ subscribers only)... ...; Created on 18 August 2018
637. PI Practitioner, August 2018: (News Category 2); ... l authority on the issue... Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 August 2018
638. Summary of Recent Cases, August 2018: (News Category 3); ... The Supreme Court held as follows. Officers were... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 August 2018
639. Claim Dismissed in School PE Accident Case: DS v Halton Borough Council - Peter Wake, Weightmans LLP: (News Category 2); ... more (PIBULJ subscribers only)... ...; Created on 14 August 2018
640. EXCLUSIVE: Clinical Negligence experts may have deficient knowledge of their area of expertise in new figures from the GMC and HEE. 2018 – Dr Mark Burgin: (Burgin); ... avoid knowledge gaps. Expertise Expertise is more than knowledge and includes experience of the issues raised in the case and recognising how practice at the time of the events may have changed. The ...; Created on 02 August 2018
641. July 2018 Contents: (PIBULJ); ... 10-year CRR for the Pinnacle Ultamet Prosthesis in the NJR is 13.98% - which more than double the CRR in the NJR for all external comparators, including the latest and best MoP hips .This was described ...; Created on 01 August 2018
642. In Credit Hire circles, what goes around comes around (again…): Irving v Morgan Sindall PLC considered - Jason Prosser, Leeper Prosser Solicitors: (News Category 5); ... was one without risk to the hirer... Image ©iStockphoto.com/BartCo Read more (PIBULJ subscribers only)... ...; Created on 30 July 2018
643. Metal on Metal hips and the Consumer Protection Act 1987 (Part Two) - James Bell, Hodge Jones & Allen: (News Category 2); 27/07/18. The statistical data arguments The recorded 10-year CRR for the Pinnacle Ultamet Prosthesis in the NJR is 13.98% - which more than double the CRR in the NJR for all external comparators, including ...; Created on 27 July 2018
644. Pauline Carter v Kingswood Learning and Leisure Group Limited - Angus Piper, 1 Chancery Lane: (News Category 3); ... more (PIBULJ subscribers only)... ...; Created on 26 July 2018
645. How Litigants in Person find Medical Experts 2018 - Dr Mark Burgin: (Burgin); 25/07/18. Dr Mark Burgin BM BCh (oxon) MRCGP calls for more appropriate information for Litigants in Person to improve access to justice. Steps in a Personal Injury Case Find the name and address ...; Created on 25 July 2018
646. The Problem of Never Saying Never: Case Comment on Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307 - Lucile Taylor: (News Category 2); ... In unanimously rejecting this argument, the Court of Appeal gave a thorough exegesis of the decision in Chester. [48-71]The judgment of Lord Justice Leggatt commented more generally on the plight of ...; Created on 23 July 2018
647. Dr Mark Burgin BM BCh (oxon) MRCGP considers how the biopsychosocial model can assist the family court when assessing risk by providing a clear structure.: (Burgin); ... like a game of chess where there are no perfect moves making deception more difficult. Other advantages are that the BPSM reports easy to read and understand and the focus on understanding the parent’s ...; Created on 23 July 2018
648. PI Practitioner, July 2018: (News Category 2); ... same date in May) deserve a little more detailed consideration. In both, the Defendant appealed from decisions of the County Court in respect of minor personal injury claims which had been successful a ...; Created on 16 July 2018
649. Summary of Recent Cases, July 2018: (News Category 3); ... e Read more (PIBULJ subscribers only)... ...; Created on 15 July 2018
650. Nothing to fear: Kimathi & Ors v The Foreign and Commonwealth Office [2018] EWHC 1305 (QB) - Peter Wake, Weightmans LLP: (News Category 3); ... ©iStockphoto.com/graemes Read more (PIBULJ subscribers only)... ...; Created on 12 July 2018
651. When is a supplier not a supplier? The Court of Appeal decision in X v Kuoni (2018) - Jack Harding, 1 Chancery Lane: (News Category 2); ... supplier acting in a way which could not have been predicted or prevented. The leading judgment was delivered jointly by Sir Terence Etherton MR and Asplin LJ. Longmore LJ offered a strong dissenting ...; Created on 02 July 2018
652. Fake Holiday Sickness Claims in Court - Miles Hepworth, FOIL & DWF: (News Category 2); ... claimant, but for the financial interests of those claims management companies and other enablers. I look forward to seeing more decisions where claims management companies, the medico-legal professional ...; Created on 27 June 2018
653. Metal on Metal hips and the Consumer Protection Act 1987 (Part One) - James Bell, Hodge Jones & Allen: (News Category 3); ... an early stage – to prevent another 3M situation. For medico legal purposes a hip is deemed to have “failed” if the patient undergoes... Image ©iStockphoto.com/Rike_ Read more (PIBULJ subscribers ...; Created on 25 June 2018
654. Medical Experts Learning to Live with Medco 2018 - Dr Mark Burgin: (Burgin); ... and sanctions. Medco recognised the differences between high volume and regional MROs and took an inclusive approach by running two tiers in parallel. Medco has not considered whether PI requires mor ...; Created on 22 June 2018
655. FREE BOOK SAMPLE from 'A Practical Guide to Wrongful Conception, Wrongful Birth and Wrongful Life Claims' by Rebecca Greenstreet: (News Category 2); ... birth actions was as follows: McFarlane v Tayside Health Board2: The claimants decided they did not want any more children and so the husband underwent a vasectomy. Unfortunately following negligent ...; Created on 20 June 2018
656. Short Notes on Chronic Disease Management 2018 - Dr Mark Burgin: (Burgin); ... Cardiovascular risk factors (1) The endothelium (inner lining) of the arteries is easily damaged by... Read more (PIBULJ subscribers only)... ...; Created on 19 June 2018
657. CC (widow and dependant of JC (deceased)) v TD [2018] EWHC 1240 (QB) - Paul Sankey, Enable Law: (News Category 3); ... Image ©iStockphoto.com/keesitt Read more (PIBULJ subscribers only)... ...; Created on 18 June 2018
658. PI Practitioner, June 2018: (News Category 2); ... the Civil Liability Bill received closer scrutiny at the committee stage earlier this month. Despite receiving a fair amount of criticism in... Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscriber ...; Created on 16 June 2018
659. Summary of Recent Cases, June 2018: (News Category 3); ... the door lock was defective, which was a breach of local standards. However, he concluded that the Claimant's act of... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 June 2018
660. FREE BOOK CHAPTER: Fixed Recoverable Costs, Portal Costs and Potential Routes Out of Fixed Costs and the Portal in Highways and Slipping/Tripping Claims - Andrew Mckie, Clerksroom: (News Category 3); ... under Part 7 Agreed damages At least £1,000, but not more than £5,000 More than £5,000, but not more than £10,000 More than £10,000, but not mor ...; Created on 07 June 2018
661. Short Notes on Contributory Negligence 2018 - Dr Mark Burgin: (Burgin); ... is used to allow courts to recognise that the claimant may have been partly to blame by for instance stepping into the road in front of a car. In medical negligence the concept is more complex because ...; Created on 31 May 2018
662. Editorial: Practical Guidance on Proving Whiplash Injuries - Aidan Ellis, Temple Garden Chambers: (News Category 2); ... be directed to those issues. More fundamentally, the four factors form a useful yardstick against which claimants can measure the prospects of success at trial; though there can be no precise formula, ...; Created on 31 May 2018
663. FREE BOOK CHAPTER: Noise Induced Hearing Loss Claims – from ‘A Practical Guide to Disease and Illness Claims’ by Andrew Mckie: (News Category 2); ... distance more than [2 metres], then, unless the place is one which affords secure foothold and, where necessary, secure hand-hold, means shall be provided, so far as is reasonably practicable, by fencing ...; Created on 30 May 2018
664. Why it’s important to #RepairTheRightBody - Qamar Anwar, First4Lawyers: (News Category 3); ... these unfair reforms. Look out for the hashtag #RepairTheRightBody across social media and if you haven’t already, visit our campaign pages to find out more about the campaign. Find out how you can ...; Created on 29 May 2018
665. Running The Risk: Hannah Pook v Rossall School [2018] EWHC 522 (QB) - Colin Richmond, Zenith Chambers: (News Category 3); ... Image ©iStockphoto.com/clubfoto Read more (PIBULJ subscribers only)... ...; Created on 28 May 2018
666. Short Notes on Secure Environments 2018 - Dr Mark Burgin: (Burgin); ... because they are too young is more difficult to support. It is generally more difficult to assess a detainee due to the expectation from both sides that the doctor will breach confidentiality. Breaches ...; Created on 26 May 2018
667. The benefits of giving the paralegals in your firm formal recognition - Amanda Hamilton, NALP: (News Category 2); ... for solicitors, others for barristers and in-house legal departments, but more and more, Paralegals are working for themselves. For example, in specialist areas like tenant evictions or small claims for ...; Created on 21 May 2018
668. Striking Whilst the QOCS is Hot - Andrew Roy, 12 King's Bench Walk: (News Category 2); ... report from a consultant psychiatrist, this did not so state. The expert instead indicated the need for a... Image ©iStockphoto.com/sellingoutstieglitz Read more (PIBULJ subscribers only)... ...; Created on 18 May 2018
669. Springer v University Hospitals of Leicester NHS Trust - Alexander Hutton QC: (News Category 3); ... in March 2012) was not given until the letter of claim was finally given on 28 September 2012... Image ©iStockphoto.com/DNY59 Read more (PIBULJ subscribers only)... ...; Created on 17 May 2018
670. PI Practitioner, May 2018: (News Category 2); ... g and more common in the current climate of personal injury litigation. Fast track litigators will be extremely familiar with the standard defence adopted in many such claims: although there was a collisi ...; Created on 16 May 2018
671. Summary of Recent Cases, May 2018: (News Category 3); ... the defendant argued that... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 May 2018
672. Caparo Revisited - Paul Jarvis, 6KBW College Hill: (News Category 2); ... and by analogy” with those authorities... Image ©iStockphoto.com/ Read more (PIBULJ subscribers only)... ...; Created on 14 May 2018
673. Dryden and Others v Johnson Matthey PLC [2018] UKSC 18 - Andrew Horner, Pupil Barrister, Trinity Chambers: (News Category 3); ... of pleural plaques following exposure to asbestos. The experts offered the following distinctions... Image ©iStockphoto.com/AlexRaths Read more (PIBULJ subscribers only)... ...; Created on 01 May 2018
674. Some Practical Aspects of Chronic Pain - Pankaj Madan, 12KBW & Exchange Chambers: (News Category 3); ... It can refer to pain that has been present for a defined period of say 6 months or more or it can be a shortened term meaning Chronic Pain Disorder. “Chronic Pain Disorder” is however the presentation ...; Created on 27 April 2018
675. Legal Mind Case and Commentary No 17: The Joint Statement: Concise, Impartial and Key - Professor Hugh Koch, Dr Eleanor Sorrell, Dr Luisa Fernandez-Ford: (News Category 4); ... issues. More detailed guidance from the CJC supporting discussions should be... Image ©iStockphoto.com/mediaphotos Read more (PIBULJ subscribers only)... ...; Created on 26 April 2018
676. Can a claim be made for becoming sensitised to an industrial chemical despite being asymptomatic? - Simon Anderson, Park Square Barristers, Leeds: (News Category 3); ... ©iStockphoto.com/Eagle_373 Read more (PIBULJ subscribers only)... ...; Created on 20 April 2018
677. It's a Fair Cop: Supreme Court Reviews Duty of Care (and a Foot Note on the Worboys Case) - Patrick West, St John's Chambers: (News Category 2); ... Read more (PIBULJ subscribers only)... ...; Created on 19 April 2018
678. PI Practitioner, April 2018: (News Category 2); ... • Providing that a review of the discount rate must take place at leastevery three years... Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 April 2018
679. Summary of Recent Cases, April 2018: (News Category 3); ... l damage, and was thus actionable. The Defendant argued that... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 April 2018
680. Short Notes on Immunisation 2018 - Dr Mark Burgin: (Burgin); ... issues are at the heart of immunisation practice and the clinical negligence lawyer has the opportunity to change iniquities in medical practice... Image: public domain Read more (PIBULJ subscribers ...; Created on 11 April 2018
681. Short Notes on Cirrhosis 2018 - Dr Mark Burgin: (Burgin); ... are damaged but will not show either how much reserve there is or previous damage although an AST/ALT ratio of ≥1 is used as an indication... Image ©iStockphoto.com/nazdravie Read more (PIBULJ subscribers ...; Created on 10 April 2018
682. Short Notes on Back Pain 2018 - Dr Mark Burgin: (Burgin); ... with physical labour it would not be expected to occur in sedentary occupations and it would be becoming less common in the UK as more people are involved in sedentary work. Lifestyle issues such as ...; Created on 10 April 2018
683. Does 'fundamental dishonesty' need to be explicitly pleaded and/or put to a claimant in cross-examination? - Max Wilson, 1 Chancery Lane: (News Category 3); ... that the Claimants’ evidence could not be relied upon and that they had not suffered any injuries. The trial judge was satisfied that dishonesty had been “more than sufficiently” pleaded and that the relevant ...; Created on 04 April 2018
684. March 2018 Contents: (Menus); ... t became clear in October 2017 that the reverberations were still being felt. With the likelihood of a further change and the promise of more regular reviews, practitioners need to be mindful of the impa ...; Created on 29 March 2018
685. Case Law Update: Choice of Law and Forum Shopping in Asbestos Litigation - Andrew Forsyth, Brodies LLP: (News Category 3); ... and the damages regime is much more generous for fatal claims. This often leads to a clamour amongst claimants to have Scots law apply to their asbestos related cases. This update is not the place for ...; Created on 29 March 2018
686. Retainers and Busy Practitioners: The Case of Alina Budana v The Leeds Teaching Hospitals NHS Trust and The Law Society (as Intervener) - Amanda Stevens, Hudgell Solicitors: (News Category 2); ... Read more (PIBULJ subscribers only)... ...; Created on 28 March 2018
687. Claims Management Companies, Consent to Marketing & FCA Regulation - Paul Bennett, Aaron & Partners LLP: (News Category 2); ... FCA and the SRA will be able to address through their authorisation and withdrawal of authorisation processes. It also gives the ICO the opportunity to bring a criminal prosecution. It is far more powerful ...; Created on 28 March 2018
688. Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80: Jurisdiction in Personal Injury Claims Which Occur in Countries Outside of the EU - Paul McClorry, Hudgell Solicitors: (News Category 3); ... Read more (PIBULJ subscribers only)... ...; Created on 27 March 2018
689. Be Warned: Your Advice May Require a Warning! - Martyn Griffiths, Hardwicke: (News Category 3); ... It is more likely that a reasonably competent solicitor would advise as to that risk if litigation is already on foot or the point has already been taken. The issue cannot be reduced to percentages ...; Created on 26 March 2018
690. Four Seasons v Brownlie: Jurisdiction - Ian Peters, Anthony Gold: (News Category 2); ... English courts had no jurisdiction. This finding meant that the Supreme Court did not have to consider in detail where the contract for the sale of the safari tour was made and more disappointingly did ...; Created on 24 March 2018
691. What Are The Top Tips For Successful Negotiation? - Justin Patten, Human Law: (News Category 3); ... ed. Read more about successful negotiation which is covered in two chapters on mediation in 'A Practical Guide to Elderly Law.' Justin Patten Human Law Image ©iStockphoto.com/webphotogra ...; Created on 23 March 2018
692. Court Rulings Provide Further Guidance on Proportionality and Fundamental Dishonesty - Ieuan Jones, Ashfords: (News Category 2); ... 9 Read more (PIBULJ subscribers only)... ...; Created on 23 March 2018
693. When Can a Claimant Recover the Costs of Attending an Inquest? - Malcolm Henke, Horwich Farrelly: (News Category 3); ... of attendance at the lengthy inquest into the cause of her son’s death in prison... Image cc en.wikipedia.org/wiki/File:Coroners_Court_Entrance.jpg Read more (PIBULJ subscribers only)... ...; Created on 22 March 2018
694. Section 7 of the Health and Safety at Work etc Act: A Practitioner's Overview - Laura Howarde, Weightmans LLP: (News Category 3); ... other employees were conducting themselves, before a charge is brought under section 7. This suggests that if more than one employee is acting in this unsafe manner, then it is the fault of the employer, ...; Created on 22 March 2018
695. FREE BOOK CHAPTER: The Importance Of Branding in Law (From 'A Practical Guide to Marketing for Lawyers: 2nd Edition' by Catherine Bailey & Jennet Ingram): (News Category 3); ... value and sometimes even kudos) do not have to go through a lengthy decision making process. They are more likely to purchase services with this perceived trusted brand rather than ‘risk’ using a lesser ...; Created on 22 March 2018
696. Vocational Rehabilitation - Andrew Frank: (News Category 4); ... how they can assist the RTW process. Often this will minimise sickness absence (SA) to the advantage of both employer and employee. For those with more complex injuries and consequent SA, the first step ...; Created on 21 March 2018
697. Asbestos and Minimal Risk: Is There a Threshold? - Patrick West, St John's Chambers: (News Category 3); ... Nuts) Ltd [1968] 1 WLR 1776, 1783, Swanwick J... Image ©iStockphoto.com/stozka Read more (PIBULJ subscribers only)... ...; Created on 20 March 2018
698. PI Practitioner, March 2018: (News Category 2); ... t from £1,000 to £5,000... Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 March 2018
699. Summary of Recent Cases, March 2018: (News Category 3); ... the officer had... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 March 2018
700. Discounting Your Chickens: Resiling From a Settlement Due to a Change in Discount Rate - Lauren Seager, Queen Square Chambers: (News Category 2); ... still being felt. With the likelihood of a further change and the promise of more regular reviews, practitioners need to be mindful of the impact that it can have on claims. This is particularly apparent ...; Created on 09 March 2018

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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