PI Brief Update

801. Two Excellent Books for Your Shelf - Dr Hugh Koch: (News Category 4); ... been prominent in public debate for more than three decades, occasionally in a pejorative sense – these editors and authors have succeeded in presenting a readable, coherent and logical appraisal of this ...; Created on 22 August 2017
802. 10 Issues With Medical Reports That Make Third Parties Suspicious - Dr Mark Burgin: (Burgin); ... are constantly looking for innovative ways to challenge the medical expert’s report such as re-examination by Orthos and more recently fundamental dishonesty. (1) Re-examination by a low cost generalist ...; Created on 20 August 2017
803. Short Notes on Muscular Skeletal Susceptibility 2017 - Dr Mark Burgin: (Burgin); ... injury or the soft tissue damage due to the accident. Once injured the individual would not be expected to recover slower than a normal person so that as time passes residual symptoms become more likely ...; Created on 19 August 2017
804. Damages for the Failure to Obtain Informed Consent? - Nicholas Pilsbury, Hailsham Chambers: (News Category 2); ... properly informed consent to the operation. The Court of Appeal rejected... Image cc flickr.com/photos/sohelparvezhaque/17262777245 Read more (PIBULJ subscribers only)... ...; Created on 18 August 2017
805. Stressful Times: Marsh v Ministry of Justice [2017] EWHC 1040 (QB) - Andrew Roy & Vanessa Cashman, 12 King's Bench Walk: (News Category 3); ... being again dismissed, he was suffering from depression and was unfit to return to work. He was dismissed due to ill health at the end of May 2013... Image ©iStockphoto.com/powerofforever Read more ...; Created on 17 August 2017
806. Review of the Latest Proposals for Fixed Costs in Clinical Negligence - Geoffrey Simpson-Scott, Simpson Millar LLP: (News Category 3); ... clinical negligence case is inherently more complex than the average civil litigation case of comparable value. Although the Report recommends that clinical negligence cases are not yet suitable for ...; Created on 16 August 2017
807. PI Practitioner, August 2017: (News Category 2); ... - have a significant impact on the civil law marketplace, even if the measures were/// Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 August 2017
808. A Novel Duty of Care by Geneticists to Provide Information: ABC v St. George’s Healthcare NHS Trust and Others [2017] EWCA Civ 336 - Lawrence Caun, Lamb Chambers: (News Category 2); ... The decision identified the... Image cc flickr.com/photos/pagedooley/5283257753 Read more (PIBULJ subscribers only)... ...; Created on 15 August 2017
809. Summary of Recent Cases, August 2017: (News Category 3); ... d on 5th November 2013. The Second Defendant was voluntarily wound up on 30th January 2014 and was... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 August 2017
810. Hospital Misdiagnosis of Foot and Ankle Fractures - Sylvia Taylor, Tilly Bailey & Irvine: (News Category 3); ... of the posterior edge or tip of the medial malleolus. A foot x-ray is required if there is:- Image: public domain Read more (PIBULJ subscribers only)... ...; Created on 14 August 2017
811. Personal Injury Claims Involving Insolvent Defendants: Selecting the Correct Statutory Scheme - Andrew Burns QC & Jonathan Butters, Devereux Chambers: (News Category 2); ... of companies. Zurich then applied to strike out the 2010 Act claim against it... Image ©iStockphoto.com/hroe Read more (PIBULJ subscribers only)... ...; Created on 13 August 2017
812. Emerging Issues in Holiday Sickness Claims - James Beeton, 12 King’s Bench Walk: (News Category 2); ... ©iStockphoto.com/Elerium Read more (PIBULJ subscribers only)... ...; Created on 12 August 2017
813. J C and A Solicitors Ltd v Andeen Iqbal & Another [2017] EWCA Civ 355 - Jim Knight, Harmans: (News Category 3); ... more (PIBULJ subscribers only)... ...; Created on 11 August 2017
814. Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132 - Jamie Carpenter, Hailsham Chambers: (News Category 2); ... arrangement (as defined in rule 48.2)”. Relevantly for these purposes... Image cc flickr.com/photos/mshades/4936942783 Read more (PIBULJ subscribers only)... ...; Created on 10 August 2017
815. If Only I Had Known I Would Have… Consent to Medical Treatment and the Problem of Hindsight - Paul Sankey, Enable Law: (News Category 3); ... As a result her surgery was delayed by 2 months. For that she recovered modest damages of £7,500. However, the more significant issue in her claim was the advice she was given and whether she had consented ...; Created on 09 August 2017
816. Rights Without Recourse? - Richard Paige, Park Square Barristers: (News Category 2); ... The appeal was rejected. The leading judgment was given by... Image ©iStockphoto.com/STEFANOLUNARDI Read more (PIBULJ subscribers only)... ...; Created on 08 August 2017
817. Part 36 & Late Acceptance: When Is It Unjust to Apply the Usual Order? - Fran McDonald, Old Square Chambers: (News Category 2); ... given it was agreed by both sides' paediatric neurologists that there may be significant changes to come in adolescence. See [67] and [68]: “Indeed it is arguable that it would have been more than jus ...; Created on 07 August 2017
818. What Is a Diffuse Axonal Brain Injury And Why Is It Important to Get Early Rehabilitation - Alix Walker, Burnetts Solicitors: (News Category 2); ... leading to swelling and decreased blood flow to the brain... Image: public domain Read more (PIBULJ subscribers only)... ...; Created on 04 August 2017
819. July 2017 Contents: (Menus); ... ure of appearing in four strike out applications in a row. Many strike out applications now arise from substantially similar facts; the Claimant failed to comply with directions and, after allowing a ...; Created on 27 July 2017
820. Editorial: Striking out, Costs and QOWCS - Aidan Ellis, Temple Garden Chambers: (News Category 3); ... the Claimant failed to comply with directions and, after allowing a more or less decent opportunity to apply for relief, the Defendant applied for strike out pursuant to CPR 3.4(2)(c). The principles on ...; Created on 27 July 2017
821. Night Workers and Negligence: Do Nightshifts Cause Disease and When Are Employers Liable? - Gus Baker, Outer Temple Chambers & David Green, 12 King's Bench Walk: (News Category 2); ... work is governed by the Working Time Directive, implemented by the Working Time Regulations 1998 (‘WTR 1998’), which provides that no more than eight out of 24 hours can be worked overnight (Regulation ...; Created on 26 July 2017
822. FREE BOOK CHAPTER: The No Nonsense Gut (From 'The No Nonsense Solicitors' Practice: A Guide To Running Your Firm' by Bettina Brueggemann): (News Category 2); ... brain and the stomach (gut) brain. Research seems to suggest both operate completely separately and independently of each other and that the stomach brain is more powerful or effective. I cannot speak ...; Created on 25 July 2017
823. Quantum Made Simple 2017 - Dr Mark Burgin: (Burgin); ... the injury had on each is sufficient information. In more severe cases loss of amenity LoA can be measured more accurately using a technique called disability analysis which looks at physical and mental ...; Created on 25 July 2017
824. Case Note: Battram v Dr Geoghegan - Carol Maunder, Dutton Gregory LLP: (News Category 3); ... and loss... Image ©iStockphoto.com/zlikovec Read more (PIBULJ subscribers only)... ...; Created on 24 July 2017
825. Covert Surveillance and Social Media: From Big Brother to Love Island - Robert Hunter, Devereux Chambers: (News Category 3); ... to insurers for decades. Other counter-fraud membership forums are more recent innovations. Over the last decade, a more active form of investigation known as claimant profiling has become ubiquitous. ...; Created on 21 July 2017
826. FREE BOOK CHAPTER: What is Cosmetic Surgery? (From 'A Practical Guide to Cosmetic Surgery Claims' by Dr Victoria Handley): (News Category 3); ... lower body mass indices, greater likelihoods of cigarette smoking, more induced abortions and fewer live births, lower educational levels and more screenings for breast disease. Is this more reflective ...; Created on 19 July 2017
827. Experimental Medicine and Pioneering Patients - David Locke, Hill Dickinson LLP: (News Category 3); ... more (PIBULJ subscribers only)... ...; Created on 19 July 2017
828. Deputyship vs PI Trust: Round 2 ABC v Watt - Ruth Hughes, 5 Stone Buildings: (News Category 2); ... Read more (PIBULJ subscribers only)... ...; Created on 18 July 2017
829. The Five Minute Letter of Claim 2017 - Dr Mark Burgin: (Burgin); ... aspects of the case and offer opinions on the grounds of proportionality. The generalist expert will need to... Image ©iStockphoto.com/alexskopje Read more (PIBULJ subscribers only)... ...; Created on 17 July 2017
830. Summary of Recent Cases, July 2017: (News Category 3); ... cause for the fire, but found the... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 July 2017
831. Wheelchair v Buggy, Wheelchair Wins (Just) - Gillian Crew, Ely Place Chambers: (News Category 2); ... if the request was refused nothing more would be done. Mr Paulley succeeded at first instance and was awarded £5,500 damages... Image ©iStockphoto.com/olaser Read more (PIBULJ subscribers only)... ...; Created on 14 July 2017
832. QOCS in Scotland Proposals Move Forward - Mike Kemp, Thorntons Law: (News Category 3); ... some exceptions to the rule that an injured person should... Image ©iStockphoto.com/Gannet77 Read more (PIBULJ subscribers only)... ...; Created on 13 July 2017
833. Amputations and Advances in Prosthetic Limbs - Alix Walker, Burnetts Solicitors: (News Category 2); ... over 60,000 amputations)... Image ©iStockphoto.com/ Read more (PIBULJ subscribers only)... ...; Created on 12 July 2017
834. Hampshire County Council v Wyatt - Karen Moss, 3PB Barristers: (News Category 2); ... harm suffered by a claimant, it is advisable for medical evidence to be obtained. Moreover, there is a real risk that failure to produce such medical evidence might lead to a lower award or to no awar ...; Created on 11 July 2017
835. Know the Rules! - Jonathan Wheeler, Bolt Burdon Kemp Solicitors: (News Category 3); ... against the defendants. The claimant... Image ©iStockphoto.com/PashaIgnatov Read more (PIBULJ subscribers only)... ...; Created on 10 July 2017
836. The Scope of Fixed Costs - Andrew Roy, 12 King's Bench Walk: (News Category 3); ... 10 and Sharp v Leeds City Council [2017] EWCA Civ 33; [2017] C.P. Rep. 19. Such disputes will moreover become all the more common if, as is currently under consideration, the FCR is extended beyond the ...; Created on 09 July 2017
837. Case Report: A v Balin Distribution Ltd - Helen Reynolds, Spencers Solicitors: (News Category 3); ... hospital... Image: public domain Read more (PIBULJ subscribers only)... ...; Created on 08 July 2017
838. Case Report: Brown v Mosa - Mary Kay & Sarah Wright, Spencers Solicitors: (News Category 2); ... 2 other children sustained severe injuries. The Defendant’s wife was also seriously injured... Image: public domain Read more (PIBULJ subscribers only)... ...; Created on 07 July 2017
839. Recoverability of Pre-Accident Records: A New Approach for Scotland? - Catriona Hepburn, Brodies LLP: (News Category 2); ... before the trial. The judgement in Dunn describes this approach as... Image ©iStockphoto.com/utah778 Read more (PIBULJ subscribers only)... ...; Created on 06 July 2017
840. Who Is to Blame When Private Surgery Goes Wrong? - Laura Williamson, Enable Law: (News Category 3); ... domain Read more (PIBULJ subscribers only)... ...; Created on 05 July 2017
841. June 2017 Contents: (Menus); ... out in Roberts v. Johnstone [1989] 1 QB 878 is applied strictly using the new discount rate, a claimant purchasing more expensive accommodation as a result of his disability will have to pay damages t ...; Created on 30 June 2017
842. Why is a Generalist an Expert? 2017 - Dr Mark Burgin: (Burgin); ... stronger emotions when the person feels that they do not have a choice so giving them... Image ©iStockphoto.com/dra_schwartz Read more (PIBULJ subscribers only)... ...; Created on 30 June 2017
843. Editorial: Civil Procedure Wish List - Aidan Ellis, Temple Garden Chambers: (News Category 2); ... ©iStockphoto.com/sodafish Read more (PIBULJ subscribers only)... ...; Created on 29 June 2017
844. Caution Required on Ringfencing Property From Care Fees - Justin Patten,: (News Category 2); ... care to the state? If you are a self funder, (around 40% of care home places are self funding) the individual has more freedom about choosing a care home compared to someone funded by the local authority ...; Created on 27 June 2017
845. An Interesting Fixed Costs Case - Anna Macey, Kings Chambers: (News Category 3); ... argued. The answer to this in turn depended on whether the claimants case, clearly a public liability claim, fell within the ambit of the EL/PL protocols... Image ©iStockphoto.com/aseev Read more (PIBULJ ...; Created on 23 June 2017
846. Nervous Shock Following Birth - Anna Macey, Kings Chambers: (News Category 2); ... ©iStockphoto.com/mihhailov Read more (PIBULJ subscribers only)... ...; Created on 22 June 2017
847. FREE BOOK CHAPTER: What Is Pain? (From 'A Practical Guide to Chronic Pain Claims' by Pankaj Madan): (News Category 3); ... 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”. There are two terms in use that we need to define, “Chronic ...; Created on 22 June 2017
848. Fundamental Dishonesty: Blind Men and Elephants? - Patrick West, St John's Chambers: (News Category 2); ... phy Read more (PIBULJ subscribers only)... ...; Created on 21 June 2017
849. RE v Calderdale and Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB) - Vanessa Cashman, 12 King's Bench Walk: (News Category 3); ... more (PIBULJ subscribers only)... ...; Created on 20 June 2017
850. Roberts v Johnstone: A New Accommodation - Nigel Spencer Ley, Farrar's Building: (News Category 3); ... a claimant purchasing more expensive accommodation as a result of his disability will have to pay damages to the defendant. Can that really be the law? The purpose of this article is to see where the ...; Created on 19 June 2017
851. What Duty Is Owed To Patients By Non-Medical Hospital Staff? - Kay Ditcham, Tilly Bailey & Irvine: (News Category 3); ... Mr Darnley that... Image ©iStockphoto.com/STEFANOLUNARDI Read more (PIBULJ subscribers only)... ...; Created on 17 June 2017
852. PI Practitioner, June 2017: (News Category 2); ... .. Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 June 2017
853. Summary of Recent Cases, June 2017: (News Category 3); ... me Read more (PIBULJ subscribers only)... ...; Created on 15 June 2017
854. When Diabetic Amputations Are Avoidable: Lessons From the Reported Cases - Paul Sankey, Enable Law: (News Category 3); 14/06/17. With diabetes increasing, more patients are likely to need amputations. Good preventative care is crucial. Unfortunately medical mistakes sometimes lead to amputations, a situation which is ...; Created on 14 June 2017
855. FREE BOOK CHAPTER: An Introduction to Housing Disrepair and Cavity Wall Claims (From 'A Practical Guide to Running Housing Disrepair and Cavity Wall Claims' by Andrew Mckie, Ian Skeate, Simon Redfearn): (News Category 3); ... expected to be more than £1,000, the court will normally allocate the case to the fast track. Hence provided the estimated repairs/damages are more than £1,000, the case will be a fast track case, an ...; Created on 08 June 2017
856. Material Contribution in Cases of Psychiatric Injury - Richard Johnson, Browne Jacobson: (News Category 2); ... continue, went off sick. The Occupational Health Department were... Image cc flickr.com/photos/didbygraham/219375981/ Read more (PIBULJ subscribers only)... ...; Created on 07 June 2017
857. Short notes on Peripheral Vascular Disease (PVD) 2017 - Dr Mark Burgin: (Burgin); ... of the risk factors gives good results but surgical revascularisation results are improving... Image: public domain Read more (PIBULJ subscribers only)... ...; Created on 05 June 2017
858. Historic Abuse Claims: When Is Late Too Late? - Paul Donnelly & Samantha Chambers, DWF LLP: (News Category 2); ... ge ©iStockphoto.com/imagez Read more (PIBULJ subscribers only)... ...; Created on 03 June 2017
859. Living Mesothelioma Claim: Damages Assessed in Life, and More to Follow After Death - Dominic Collingwood, DWF LLP: (News Category 3); ... to deal with liability and an immediate interim payment first, and then adjourn the assessment of damages until after the claimant had died, on the basis that the claim would become more valuable on.. ...; Created on 01 June 2017
860. May 2017 Contents: (Menus); ... o receive a bespoke service. The advent of cold calling, advertising, and publicity from, amongst other sources, the insurance industry itself, has ensured that people are more aware than ever of the possibili ...; Created on 31 May 2017
861. The Law of Unintended Consequences (or Determining Applicable Law in Cross-Border Cases) - Kelvin Farmaner, Trethowans LLP & FOIL: (News Category 2); ... to the case... Image ©iStockphoto.com/ Read more (PIBULJ subscribers only)... ...; Created on 30 May 2017
862. How To Deal With A Hardline Negotiator - Justin Patten, Human Law: (News Category 3); ... being made how do you really negotiate with a hard line party? Well you can do as the Prime Minister and make an electioneering speech outside Number 10. More fundamentally; you need to focus on you ...; Created on 29 May 2017
863. Contributory Negligence Discount of 96.5% in First Sheriff Court Jury Trial - Catriona Hepburn & John Wilson, Brodies LLP: (News Category 2); ... been an argument on costs after such an award... Image ©iStockphoto.com/titlezpix Read more (PIBULJ subscribers only)... ...; Created on 28 May 2017
864. Fresh Consideration of How Discount Rate Is Set Is a Post-Election Priority - Shirley Denyer, Shirley Denyer LLP & FOIL: (News Category 2); ... him or her to the position they were in before they were injured - no more nor less. When damages are paid by way of a lump sum the claimant will be able to invest the money and receive a return, which, ...; Created on 26 May 2017
865. Legal Mind Case and Commentary No 14: Uncertainty in Judicial Decision Making: A Case to Answer? - Dr Hugh Koch, Dr Elizabeth Boyd, Dr Tracy Thorns & Dr Louise Payne, Hugh Koch Associates: (News Category 4); ... symptoms mentioned in one medical/non-psychiatric report. Delay in the claimant reporting severe symptoms... Image: public domain Read more (PIBULJ subscribers only)... ...; Created on 25 May 2017
866. The Journey Continues - Henrietta Hughes: (News Category 2); ... side... Image ©iStockphoto.com/olaser Read more (PIBULJ subscribers only)... ...; Created on 24 May 2017
867. The Costs Conundrum: Access to Justice but at What Price? - Elizabeth O'Mahony, BL Claims Solicitors: (News Category 3); ... se legal costs and deliver resolution in the broadest sense which is about more than just money". Indeed clinical negligence cases are almost certainly always about more than just money. Reading on, ...; Created on 23 May 2017
868. 'Pure Diagnosis' and 'Pure Treatment': A case considering whether the Bolam principle is applicable across the spectrum of Clinical Negligence cases - Penny Fitzpatrick & Marianne Walker, Slater and Gordon: (News Category 2); ... features of malignant melanoma. The Expert Evidence The Claimant adduced expert evidence in support of his position on breach of duty that the... Image ©iStockphoto.com/J-Elgaard Read more (PIBULJ ...; Created on 22 May 2017
869. Short Notes on Deafness 2017 - Dr Mark Burgin: (Burgin); ... is a range of opinion with some experts of the opinion that ototoxic ear drops in the presence of a perforation of the ear drum can... Image ©iStockphoto.com/ Read more (PIBULJ subscribers only)... ...; Created on 21 May 2017
870. Short Notes on NSAIDs - Dr Mark Burgin: (Burgin); ... side effects than Diclofenac. Dangerous drugs. Although used very widely... Image: public domain Read more (PIBULJ subscribers only)... ...; Created on 20 May 2017
871. Short Notes on Breast Cancer 2017 - Dr Mark Burgin: (Burgin); ... the time of diagnosis (1) so that the treatment will involve surgery, chemotherapy and radiotherapy and presently results in a 50% survival at ten years. More recently the use of new treatments that ...; Created on 18 May 2017
872. PI Practitioner, May 2017: (News Category 2); ... things, damages for distress. Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 May 2017
873. Summary of Recent Cases, May 2017: (News Category 3); ... me Read more (PIBULJ subscribers only)... ...; Created on 15 May 2017
874. The Optimistic Surgeon and the Unhappy Patient: Lessons from the Courtroom - Paul Sankey, Foot Anstey LLP: (News Category 3); 11/05/17. When an optimistic surgeon met an unhappy patient in court, it was the patient who had the judge's sympathy. The story has lessons for all surgeons. The courts now expect much more when i ...; Created on 11 May 2017
875. FREE BOOK CHAPTER: Historical Background to the Present Legislation (From 'A Practical Guide to Claims Arising from Fatal Accidents' by James Patience): (News Category 2); ... Click here to buy the book or for more information 1At Scottish law the Court could grant a solatium to the bereaved family for grief. 2(1808) 1 Camp 493 3[1917] A.C. 38 4Clark ...; Created on 10 May 2017
876. What Is 'Unreasonable Behaviour' for the Purposes of Small Claims Track Costs? - Thomas Crockett, 1 Chancery Lane: (News Category 2); ... costs may be assessed summarily in cases where one or other party has behaved “unreasonably”... whatever that means? The Court of Appeal (Longmore and McFarlane LJJ) have provided some clarity to this ...; Created on 01 May 2017
877. Sanction for Counsel Allowed on Appeal - Cumming v SSE Plc - Catriona Hepburn, Brodies LLP: (News Category 2); ... including: The difficulty and complexity of the case... Image ©iStockphoto.com/brians101 Read more (PIBULJ subscribers only)... ...; Created on 27 April 2017
878. Editorial: Parenting and Personal Injury - Aidan Ellis, Temple Garden Chambers: (News Category 2); ... liability if nothing else. And there will always be more difficult cases. For instance, could the attraction be liable for injury caused to a toddler because older children were permitted to play in the ...; Created on 27 April 2017
879. Mcgeer v Macintosh: Lethal Weapon 6? - Charles Feeney, Complete Counsel: (News Category 3); ... more (PIBULJ subscribers only)... ...; Created on 27 April 2017
880. Using Mathematics in Loss of a Chance Cases - Dr Mark Burgin: (Burgin); ... used to resolve most cases without considering the issue of loss of chance by instead calculating the loss of life expectancy or disease free survival... Image ©iStockphoto.com/catenarymedia Read more ...; Created on 26 April 2017
881. Deregulation of Health and Safety Law for the Self-Employed - Matthew Hodson, Farrar's Building: (News Category 2); ... Read more (PIBULJ subscribers only)... ...; Created on 25 April 2017
882. Comment on the Consultation, Introducing Fixed Recoverable Costs in Lower Value Clinical Negligence Claims - Agata Usewicz, Hodge Jones & Allen: (News Category 3); ... mental or legal capacity and claims where the client has a very short life expectancy as a result of negligence. This is because cases involving vulnerable adults invariably require more work, often ...; Created on 24 April 2017
883. Third Parties (Rights Against Insurers) Act 2010: Winners and Losers - Marlene Henderson, Browne Jacobson LLP: (News Category 2); ... Read more (PIBULJ subscribers only)... ...; Created on 21 April 2017
884. PI Practitioner, April 2017: (News Category 2); ... e, it is clear that... Image ©iStockphoto.com/EmiliaU Read more (PIBULJ subscribers only)... ...; Created on 16 April 2017
885. Summary of Recent Cases, April 2017: (News Category 3); ... suffered a head trauma and on arrival at A&E he was (incorrectly) advised that he would be seen in 4-5 hours... Image ©iStockphoto.com/spxChrome Read more (PIBULJ subscribers only)... ...; Created on 15 April 2017
886. Bolam Under Attack: Muller v Kings College Hospital and Webster v Burton Hospitals - David Sanderson, 12 King's Bench Walk: (News Category 3); ... to exercise reasonable skill and care. The defendant trust submitted that the... Image ©iStockphoto.com/mediaphotos Read more (PIBULJ subscribers only)... ...; Created on 13 April 2017
887. Critical Time Ahead for PI Firms - Lesley Graves, Citadel Law: (News Category 3); ... future strategy under the microscope. The operational and financial pressure has never been more acute and the relentless challenges to the profitability of carrying out PI work remain an ongoing concern. ...; Created on 12 April 2017
888. Criminal Injuries Compensation: Time for Change - Neil Sugarman, Neil Sugarman, President of APIL: (News Category 2); ... to provide relief for lower paid workers who no longer qualified for an award Ms Grant said “The government believes it right to focus criminal injuries compensation on victims of more serious crime and ...; Created on 10 April 2017
889. How Will the New Motor Insurers Bureau Agreements Affect Motor Claims in the UK? - Michelle Reilly, Hill Dickinson LLP: (News Category 3); ... vehicle claims) was defined as requiring four days or more of consecutive in-patient treatment within 30 days of the accident. The 2017 Agreement significantly lowers the threshold for ‘significant personal ...; Created on 07 April 2017
890. UK Personal Injury Reform and New Ogden Rates Go Into Law - Jacob Maslow, LegalScoops.com: (News Category 3); ... will no longer exist. Curbing frivolous claims is part of the reform, but the change to the Ogden rates may prove more important to lawyers. Ogden Rate Cut to -0.75pc Monday, March 20 marked the ...; Created on 06 April 2017
891. Payment of the Incorrect Court Fee; Does It Give Rise to a Limitation Defence? (Answer: Almost Certainly Not) - Andrew Roy, 12 King's Bench Walk: (News Category 2); ... the same practice. However, the same discreditable behaviour led to... Image ©iStockphoto.com/daneger Read more (PIBULJ subscribers only)... ...; Created on 05 April 2017
892. Consent to Medical Treatment: Must the Surgeon Advise Who Will Operate? Can the Patient Choose? - Paul Sankey, Foot Anstey LLP: (News Category 3); ... ed consent to Mr S carrying out the procedure, relying on the Supreme Court's decision in Montgomery v Lanarkshire Health Board... Image ©iStockphoto.com/nikkormat42 Read more (PIBULJ subscribers only ...; Created on 04 April 2017
893. Court of Appeal in Sharp v Leeds CC Decides Fixed Costs 'plainly apply to the costs of a PAD application' in Ex-Protocol Cases - Marcus Coates-Walker, St John's Chambers: (News Category 2); ... were four areas of battle... Image ©iStockphoto.com/DNY59 Read more (PIBULJ subscribers only)... ...; Created on 03 April 2017
894. March 2017 Contents: (Menus); ... y take control of one or more functions of the vehicle. But the driver must be able to take control of the vehicle while those functions are in use... Editorial: Seeing Negatives in the Discount Ra ...; Created on 31 March 2017
895. An Update From North of the Border: Pursuers’ Offers Arrive in Scotland on 3 April 2017 - Douglas McGregor, Brodies LLP: (News Category 2); ... detail... Image cc en.wikipedia.org/wiki/Sheriff_court#/media/File:Sheriff_Court,_Edinburgh.jpg Read more (PIBULJ subscribers only)... ...; Created on 30 March 2017
896. Editorial: Seeing Negatives in the Discount Rate - Aidan Ellis, Temple Garden Chambers: (News Category 3); ... are long gone. In fact, the effect of keeping the rate fixed at 2.5% for more than 15 years must have been to the detriment of seriously injured claimants. Change was overdue. And if the Lord Chancellor ...; Created on 29 March 2017
897. Court of Appeal Holds That Defendants May Owe a Duty to Safeguard Their Employees’ Reputations When Conducting Litigation - Andrew Warnock QC, 1 Chancery Lane: (News Category 2); ... likely to result in more cases running to trial, although even then the judgment suggests that if the trial is arguably lost due to deficiencies in the employer’s conduct of the defence, a claim may lie. ...; Created on 23 March 2017
898. FREE BOOK SAMPLE: The Package Travel, Package Holidays and Package Tours Regulations 1992 – What is a Package? – Telephone Bookings (From ‘A Practical Guide to Claims Arising From Accidents Abroad and Travel Claims’ by Andrew Mckie & Ian Skeate): (News Category 3); ... follows:- “ The pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four ...; Created on 22 March 2017
899. Late-Acceptance of Part 36 Offers: Do Fixed Costs Apply? - Tom Collins, 1 Chancery Lane: (News Category 3); ... basis. The usual basis will be the standard basis unless (say) conduct is in issue, in which event r.44.2 will apply’. The Court therefore has a... Image ©iStockphoto.com/BrianAJackson Read more (PIBULJ ...; Created on 21 March 2017
900. FREE BOOK CHAPTER: An Introduction to Personal Injury Litigation (From 'An Introduction to Personal Injury Law' by David Boyle): (News Category 3); ... from, amongst other sources, the insurance industry itself, has ensured that people are more aware than ever of the possibility of claiming compensation for injuries suffered as a result of somebody else’s ...; Created on 20 March 2017

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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