www.pibriefupdate.com
Open in
urlscan Pro
185.199.220.55
Public Scan
Submitted URL: https://pibriefupdate.com/
Effective URL: https://www.pibriefupdate.com/content/
Submission: On August 25 via automatic, source certstream-suspicious — Scanned from GB
Effective URL: https://www.pibriefupdate.com/content/
Submission: On August 25 via automatic, source certstream-suspicious — Scanned from GB
Form analysis 0 forms found in the DOM
Text Content
This site uses cookies. Accept Opt-Out PI BRIEF UPDATE * Home * Free Newsletter * Latest Issue * Past Issues * PIBULJ Trial * PIBULJ.TV * Subscribe * CPD Info * Contributors * Books * Contact * About Us * Search * Log In/Out * Skip to content THE FAILURE TO PAY COSTS IS NOT A CONTEMPT ENFORCEABLE BY COMMITTAL TO PRISON - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 25/07/24. Smith v Kirkegaard [2024] EWCA Civ 698 Date of Judgment: 21/06/2024 The history between the parties to this appeal dated back to January 2018 when Mr Smith published a tweet that referred to Mr Kirkegaard. Mr Kirkegaard brought a claim for libel against Mr Smith in respect of four publications, including the tweet, which described Mr Kirkegaard as a supporter of child rape or paedophilia. Ultimately, Mr Kirkegaard discontinued his claim in May ... DEFENDANT REQUESTS FOR MEDICAL TESTING DEMAND A CAREFUL BALANCING EXERCISE - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 23/07/24. Clarke v Poole [2024] EWHC 1509 (KB). This case provides an important re-examination of the law governing a thorny case managemen... SPANISH INTEREST: IS AN ENGLISH COURT OBLIGED TO AWARD 'PENALTY' INTEREST? - PIERRE JANUSZ & ANNA GATRELL, 3 HARE COURT 22/07/24. The recent decision of the Court of Appeal in Nicholls & Ors v. Mapfre [2024] EWCA Civ 718 provided the Court of Appeal with an opport... FREE CHAPTER FROM 'A PRACTICAL GUIDE TO MATERIAL CONTRIBUTION IN CLINICAL NEGLIGENCE' BY RHODRI JONES 10/11/23. The current state of the law regarding material contribution in clinical negligence appears complicated and uncertain. This book chart... FREE CHAPTER FROM 'A PRACTICAL GUIDE TO CLINICAL NEGLIGENCE - THIRD EDITION' BY GEOFFREY SIMPSON-SCOTT The right to compensation for injuries caused by another’s fault has been protected for over 3,700 years since The Code of Hammurabi. The expan... DAMAGES AWARDED AGAINST GARY GLITTER FOR HISTORIC SEXUAL ABUSE: BRS V PAUL FRANCIS GADD [2024] EWHC 1403 KB - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 24/07/24. This case deals with the valuation of damages under the latest Judicial Colleges Guidelines (JCGs) for complex post-traumatic stress disorder (C-PTSD) arising from hist... CALCULATING THE CORRECT 'PRICE' TO PAY IN A CLAIM FOR FINANCIAL DEPENDENCY - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 25/06/24. Price v Marston’s PLC [2024] EWHC 1352 (KB) A number of issues were raised in this appeal before Mr Justice Griffiths. Primary liability had been admitted by the Defenda... CLAIMANT INJURED DURING ARREST ENTITLED TO PURSUE PERSONAL INJURY CLAIM - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 21/06/24. Ward v Chief Constable of Greater Manchester Police: [2024] EWHC 1297 (KB) This case offers some preliminary food for thought in respect of personal injury claims arisin... COURT OF APPEAL REAFFIRMS IMPORTANCE OF RESPONDING TO A PROPOSAL TO ENGAGE IN ADR - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 17/05/24. Northamber Plc v Genee World Ltd [2024] EWCA Civ 428 Date of Judgment: 01/05/2024 In this appeal, the underlying claim related to an alleged breach of an Exclusivity Agre... THE LDFRC SCHEME LATEST: REFORMS EXPECTED BY OCTOBER 2024 - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 15/05/24. April has come and gone and while the Lower Damages Clinical Negligence Claim (“LDFRC”) scheme has not been implemented as originally planned, there have been two recen... RECENT AMENDMENTS TO PRACTICE DIRECTIONS RELATING TO FIXED RECOVERABLE COSTS (FRC) - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 26/04/24. As practitioners will be aware, the extension of fixed recoverable costs (FRC) came into force on 1 October 2023, applying to most simpler claims valued at £100,000 or ... FUTURE CASE MANAGEMENT AND LEGAL COSTS: A POINT OF PRINCIPLE & RESTRAINED GUIDANCE IN HADLEY V PRZYBYLO [2024] EWCA CIV 250 - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 24/04/24. This case raised an important question: is the cost of a fee earner’s attendance at rehabilitation case management meetings recoverable as legal costs? BACKGROUND Followi... IN COSTS BUDGETING, COMPARISON OF THE PARTIES' RESPECTIVE BUDGETS IS A RELEVANT CONSIDERATION - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 20/03/24. Woolley v Ministry of Justice [2024] EWCA 304 (KB) Date of Judgment: 16/02/2024 The CCMC Costs budgets in a claim valued up to £80,000 were prepared in May 2023. The claim... FAR FROM TOO REMOTE: ARMSTEAD V ROYAL & SUN ALLIANCE [2024] UKSC 6 - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 18/03/24. The Claimant was involved in an accident, whilst she was driving a vehicle she had hired on credit from Helphire. The driver of the other vehicle, who was insured by th... COURT OF APPEAL ASSESSES THE SCOPE OF SOLICITORS’ DUTY OF CARE TO PROSPECTIVE CLIENTS DURING AN INITIAL CALL TO THEIR HELPLINE - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 24/02/24. Miller v Irwin Mitchell LLP [2024] EWCA Civ 53 Date of Judgment: 01/02/2024 Background Whilst on holiday in Turkey in May 2014, the Claimant slipped and fell down some sta... A VINDICATION (AND QOCS PROTECTION) FOR VINDICATORY CLAIMS: CLARK V ADAMS [2024] EWHC 62 (KB) - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 22/02/24. This claim raised a question about the application of QOCS where nominal damages of “£1 for vindicatory purposes” was sought. The claim was brought against Mr Gerry Ada... SECONDARY VICTIM CLAIMS RESTRICTED BY THE SUPREME COURT ALONGSIDE IMPORTANT CLARIFICATION OF THE ALCOCK CRITERIA - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 23/01/24. Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1. Date of Judgment: 11/01/2024. In an important decision for personal injury and clinical negligence practitioners, the... MINI REVIEW: THE GOVERNMENT'S RESPONSE TO THE OFFICIAL INJURY CLAIM SERVICE INQUIRY - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 25/01/24. The Official Injury Claim (OIC) service was developed to provide a free and accessible service for bringing low-value, road traffic accident personal injury claims. The... TRIAL FAIRNESS GENERALLY DICTATES THE CHALLENGE OF EVIDENCE BY CROSS-EXAMINATION OF WITNESSES, INCLUDING EXPERT WITNESSES - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 15/12/23. Griffiths v TUI UK Ltd [2023] UKSC 48 Date of Judgment: 29/11/2023 Background The Supreme Court has handed down an important judgment in the context of personal injury lit... THE PROSPECT OF STATE FUNDED CARE AND DOUBLE RECOVERY: WNA V NDP [2023] EWHC 2970 (KB) - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 13/12/23. The Claimant had become tetraplegic as the result of a road traffic accident and liability had already been determined her favour. Quantum had been largely agreed – wit... INTERIM INTERIM PAYMENTS ON ACCOUNT OF COSTS - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 20/11/ 23. Shaun Trotman v Master Brickwork London Essex Limited [2023] EWHC 2791 (KB). This case dealt with the question of whether a successful Claimant is limited to securing a... LIFTING THE QOCS CAP UNDER R.44.16(2) AND WHETHER IT IS JUST TO DO SO - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 18/11/23. Amjad v UK Insurance Limited [2023] EWHC 2832 (KB). Date of Judgment: 10/11/2023. Mr Justice Richie allowed an appeal of a costs decision relating to the exceptions to ... SEXUAL ABUSE CLAIMS AND THE JUDICIAL COLLEGE GUIDELINES: AXB V HOSSAM METWALLY [2023] EWHC 2470 (KB) - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 30/10/23. This decision comprised a damages assessment for misuse of private and intimate information – a new frontier for personal injury litigation in this digital age. It is a... THE EXCLUSION OF EXPERT EVIDENCE AS INADMISSIBLE DUPLICATIVE HEARSAY EVIDENCE - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 30/10/23. Crypto Open Patent Alliance v Wright [2023] EWHC 2408 (Ch), Date of Judgment: 03/10/2023. This case is one of several strands of litigation that relate to Dr Craig Wrig... A LIMITATION CONUNDRUM WITHOUT A PRECEDENT: SHAW V MAGUIRE [2023] EWHC 2155 (KB) - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 30/09/23. The case arose out of a deeply unhappy set of circumstances, as well as an unhappy procedural history. The Claimant was the widow of a man who had died of metastatic me... More: * Silence did not amount to a failure to engage in ADR and Part 36 applied - Nancy Kelehar, Temple Garden Chambers * The 'fundamental' in fundamental dishonesty: Attique Denzil v Usman Mohammed and UK Insurance Ltd [2023] EWHC 2077 (KB) - Amy Lanham Coles, Temple Garden Chambers * Both parts of a combined Part 36 offer have to be beaten for Part 36 cost consequences to follow (and leapfrog permission given on child 'lost years' claim): CCC (by LF MMM) v Sheffield Teaching Hospitals [2023] EWHC 1905 (KB) - Nancy Kelehar, Temple Gard * ‘Payment of the Bill’ Under the Solicitors Act 1974: Menzies v Oakwood Solicitors Ltd [2023] EWCA Civ 844 - Sebastian Bates, Temple Garden Chambers * Dishonesty or litigation 'wishful thinking' - Anisa Kassamali, Temple Garden Chambers * Whiplash reform: As settlement times rise, the OIC portal remains far from perfect - Matthew Huggett, president of CILEX * Thousands of claimants are able to issue claims on the same claim form: Abbot v Ministry of Defence [2023] EWHC 1475 (KB) - Anisa Kassamali, Temple Garden Chambers * Courts cannot future-proof orders: Tabbitt v Clark [2023] EWCA Civ 744 - Anisa Kassamali, Temple Garden Chambers * Unsuccessful parties can be ordered to pay the costs involved in applications against a non-party: McCarthy v Jones & Anor [2023] EWCA Civ 589 - Anisa Kassamali, Temple Garden Chambers * The Enlarged Partial Agreement on The Register of Damage Caused by The Aggression of The Russian Federation Against Ukraine - Sebastian Bates, Temple Garden Chambers * Pre-Action Disclosure as to Impecuniosity: Holt v Allianz Insurance PLC [2023] EWHC 790 (KB) - Sebastian Bates, Temple Garden Chambers * Paralegal Apprenticeships Helping Increase Diversity in the Legal Profession - Jane Robson, CEO, National Association of Licensed Paralegals * Embargoed judgments: InterDigital Technology Corporation & Ors v Lenovo Group Ltd & Ors [2023] EWCA Civ 57 - Anisa Kassamali, Temple Garden Chambers * Inflexibility in Summary Assessment: R (Isah) v Secretary of State for the Home Department [2023] EWCA Civ 268 - Sebastian Bates, Temple Garden Chambers * Secretary of State for the Home Department Fails to Strike Out Negligence Claim - Grace Corby, Temple Garden Chambers * Non-party costs orders against solicitors where a CFA is in place - Anisa Kassamali, Temple Garden Chambers * Interrogation of draft judgments: Re (Care Proceedings: Fact-Finding) [2023] EWCA Civ 38 - Anisa Kassamali, Temple Garden Chambers * Case Summary: H v S - Spencers Solicitors Limited * If a claim is amended to add a personal injury component part way through litigation, QOCS protection still applies to the entirety of the matter - Grace Corby, Temple Garden Chambers * Court’s Approach to Undertakings Given by Parties in the Settlement of a Claim - Anisa Kassamali, Temple Garden Chambers * A Reminder That Interlocutory Cost Orders Can Be Made Against QOCS Protected Claimants - Grace Corby, Temple Garden Chambers * Case Summary: G v C - Stephanie Robinson, Spencers Solicitors Limited * High Court Rejects Claimant’s Application for Indemnity Costs: Evans v R&V Allgemeine Verischer [2022] EWHC 2688 (KB) - Grace Corby, Temple Garden Chambers * The Court of Appeal Clarifies The Meaning of 'Proceedings' In CPR 44.15 - Sebastian Bates, Temple Garden Chambers * Case Summary: W v L - Steven Barke, Spencers Solicitors Limited * Gestwin Principles Applied in the Context of a Road Traffic Accident and the Potential for Eyewitness Accounts to Take Precedence Over Expert Evidence Affirmed - Grace Corby, Temple Garden Chambers * Application of QOCS protection in a 'mixed' claim: Wokingham Borough Council v Arshad [2022] EWHC 2419 (KB) - Anisa Kassamali, Temple Garden Chambers * Case Summary: S v M - Stephanie Robinson, Spencers Solicitors Limited * Parties Can Contract Out of the Fixed Costs Regime: A Reminder for Caution when Drafting Consent Orders: Doyle M&D Foundations & Building Services Ltd [2022] EWCA Civ 927 - Grace Corby, Temple Garden Chambers * State Immunity and Personal Injury in the High Court: Al-Masarir v Kingdom of Saudi Arabia [2022] EWHC 2199 (QB) - Sebastian Bates, Temple Garden Chambers CLAIMANT HAS 'ONLY HIMSELF TO BLAME' FOR DISMISSAL OF MULTI-MILLION-POUND CLAIM ON THE BASIS OF FUNDAMENTAL DISHONESTY - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 19/07/24. Shaw v Wilde [2024] EWHC 1660 (KB) Date of Judgment: 27/06/2024 On 30 June 2018, the Defendant drove into collision with the Claimant’s motorcycle causing the 26-year-old... 'WHAT IS SAUCE FOR THE GOOSE IS SAUCE FOR THE GANDER', BUT NO PRESUMPTION IN FAVOUR OF INDEMNITY COSTS FOR UNSUCCESSFULLY PURSUING FUNDAMENTAL DISHONESTY - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 24/06/24. Thakkar v Mican [2024] EWCA Civ 552. This case started, and notably ended, its life as a “straightforward” road traffic accident claim. In the interim, the First and Sec... PRE-COMMENCEMENT FUNDING ARRANGEMENT VS. PROTECTION UNDER QOCS, PLUS A CAMEO FOR PROPRIETARY ESTOPPEL - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 20/06/24. Thomas v Southwick Car Centre Ltd [2024] EWHC 1315 (SCCO). A personal injury claim arose out of a tripping incident on the Defendant’s premises in May 2012. At trial in ... SURVEILLANCE EVIDENCE STYMIES CLAIMANT’S INTERIM PAYMENT HOPES - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 16/05/24. Mehmood v Mayor [2024] EWHC 1057 (KB) This claim for personal injury arose out of a road traffic accident in which the Claimant alleged to have suffered a brain injury, ... THE INFECTED BLOOD INQUIRY: RECENT UPDATES IN AN IMPORTANT MONTH - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 14/05/24. The Infected Blood Inquiry was formed in 2017 and the final report of the Inquiry will be published later this month. On 20 May, the report will be published online and... UPCOMING STATUTORY REVIEW OF THE WHIPLASH TARIFF: BUT WILL REFORM FOLLOW? - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 25/04/24. As readers will know, the whiplash tariff was introduced on 31 May 2021 under the Civil Liability Act 2018 (‘the Act’). Section 4(2) of the Act requires the Lord Chance... LARGE AND SMALL APPLES, NOT APPLES AND PEARS: HASSAM V RABOT [2024] UKSC 1 - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 23/04/24. The long awaited Supreme Court decision in Hassam v Rabot is here. The Court of Appeal’s approach to “mixed” injuries (comprising both non-whiplash and whiplash injurie... SUPREME COURT PRACTICE NOTE: 7 MARCH 2024 - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 19/03/24. Be aware that the President of the Supreme Court issued a practice note on 7 March 2024 designed to encourage junior counsel to take a more prominent role in advocacy in ... PERMISSION GRANTED TO WITHDRAW ADMISSION MADE 3 YEARS EARLIER - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 15/03/24. West v Bedfordshire Hospitals NHS Foundation Trust [2024] 2 WLUK 516 Date of Judgment: 28/02/2024 In these proceedings relating to a wrongful birth claim, the second defe... NOT A SOFT TOUCH: WALKER V MERSEY CARE NHS FOUNDATION [2024] EWHC 119 (KB) - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 23/02/24. This claim was brought following an accident that occurred when the Claimant, an employee of the Defendant NHS Foundation, was asked to participate in a game described ... COURT OF APPEAL DELIVERS JUDGMENT ON THE DELIVERY OF JUDGMENTS: IT IS NOT A TRANSACTIONAL PROCESS - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 21/02/24. YM (Care Proceedings) (Clarification of Reasons) [2024] EWCA Civ 71 Date of Judgment: 08/02/2024 In the context of a family case relating to a fact-finding hearing in res... COURT OF APPEAL EXAMINES RULES RELATING TO THE ASSESSMENT OF FEES CHARGED BY SOLICITORS - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 24/01/24. Kenig v Thomson Snell & Passmore LLP [2024] EWCA Civ 15. Date of Judgment: 18/01/2024. The Claimant/Respondent is the beneficiary of his mother’s estate. He sought t... ANOTHER CAUTIONARY TALE ABOUT SERVICE: CHEHAIB V KING'S COLLEGE HOSPITAL NHS FOUNDATION TRUST [2024] EWHC 2 (KB) - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 22/01/24. This case started life as a clinical negligence claim brought against three Defendants. The claim was issued just within time on 2 August 2021. The Second Defendant con... 'GOOD DISCHARGE': THE IMPORTANCE OF OBTAINING COURT APPROVAL FOR CHILD SETTLEMENTS - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 14/12/23. Bayless v Norfolk and Norwich University Hospitals NHS Foundation Trust [2023] EWHC 2986 (KB) This dispute arose following the death of a 42-year old father of two whose... IMMEDIATE TERM OF 10 MONTHS’ IMPRISONMENT IMPOSED ON FRAUDULENT CLAIMANT - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 12/12/23. QBE UK Ltd v Hilton [2023] EWHC 2931 (KB) Date of Judgment: 17/11/2023 The Fraudulent Claim The Claimant brought a claim in relation to an accident at work on 15 July 2015... ALL CHANGE BUT WHAT CHANGE? LOOKING AHEAD TO POTENTIAL POLICY REFORMS FOR CLINICAL NEGLIGENCE LITIGATION - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 19/11/23. Consultations are rumbling on. As previously mentioned in this newsletter, the government is currently working towards policy changes to lower value clinical negligence... £1 MILLION SETTLEMENT IN VAGINAL MESH IMPLANT CASE RENEWS CALLS FOR A SETTLEMENT SCHEME - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 17/11/23. A 59-year-old woman has reached a settlement of over £1 million in relation to medical issues that arose as a result of a vaginal mesh implant. She received the transva... 'OCCUPATIONAL HAZARDS' AND DIRECT ACCESS CASES: GLASER V ATAY [2023] EWHC 2539 (KB) - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 31/10/23. This case focused on the application of the Consumer Rights Act (“CRA”) 2015 to barristers’ fees in a case where a lay client had instructed two barristers on a direct ... JUSTICE COMMITTEE PUBLISHES INTERIM REPORT ON THE OPERATION OF THE OFFICIAL INJURY CLAIM (OIC) PORTAL - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 31/10/23. Last month, the Justice Committee published their report entitled ‘ Whiplash Reform and the Official Injury Claim Service ’. This report is written as part of an inquiry ... THE LIMITS OF THE EXTENDED FIXED RECOVERABLE COSTS REGIME - AMY LANHAM COLES, TEMPLE GARDEN CHAMBERS 29/09/23. Much has already been said about the incoming extended fixed recoverable costs (“FRC”) regime and accompanying intermediate track which take effect from 1 October 2023.... More: * FREE CHAPTER from 'A Practical Guide to Dental Negligence Litigation' by Louisa Sherlock * 'Mixed claims' and the application of QOCS - Afriyie v Commissioner of Police for the Metropolis [2023] EWHC 1974 (KB) - Amy Lanham Coles, Temple Garden Chambers * Caution given against misconceived appeals of case management decisions: Jennings v Otis Limited and Bristol City Council [2023] EWHC 2039 (KB) - Nancy Kelehar, Temple Garden Chambers * FREE CHAPTER from 'A Practical Guide to Respirable Crystalline Silica Dust Claims' by Helen Pagett * ‘The Denton Tests Do Apply to an Application to Set Aside Judgment’: FXF v English Karate Federation Ltd [2023] EWCA Civ 891 - Sebastian Bates, Temple Garden Chambers * Interpreters’ fees can be recoverable under the fixed costs regime - Anisa Kassamali, Temple Garden Chambers * A reminder to practitioners about the importance of skeleton arguments: Masih & Anor v Royal Wolverhampton NHS Trust [2023] EWHC 1280 (KB) - Anisa Kassamali, Temple Garden Chambers * Intervening Medical Treatment and the Chain of Causation: Jenkinson v Hertfordshire County Council [2023] EWHC 872 (KB) - Sebastian Bates, Temple Garden Chambers * Another reminder about the risks of surveillance footage: Mantey v Ministry of Defence [2023] EWHC 761 (KB) - Anisa Kassamali, Temple Garden Chambers * Non-Attendance on the Small Claims Track: Owen v Black Horse Ltd [2023] EWCA Civ 325 - Sebastian Bates, Temple Garden Chambers * Whiplash reform: As settlement times rise, the OIC portal remains far from perfect - Matthew Huggett, president of CILEX * FREE CHAPTER from 'A Practical Guide to Cross-Border Clinical Negligence Claims' by Dominique Smith * When Is Permission to Appeal Required in Cases of Contempt? - Sebastian Bates, Temple Garden Chambers * Vulnerable Witness Being Provided With Cross-Examination Questions in Advance Created an Unlevel Playing Field - Grace Corby, Temple Garden Chambers * Third Party Cost Order Against Expert Witness Overturned on Appeal: Robinson v Liverpool University Hospitals Nhs Trust [2023] EWHC 21 (Kb) - Grace Corby, Temple Garden Chambers * FREE CHAPTER from 'Low Velocity Impacts in Road Traffic Accidents: Law and Practice' by Jake Rowley * Mixed Injury Cases and the Civil Liability Act 2018: Hassam v Rabot [2023] EWCA Civ 19 - Sebastian Bates, Temple Garden Chambers * The Court of Appeal on the rules of the road, and of road traffic litigation - Sebastian Bates, Temple Garden Chambers * When is adjournment appropriate in a high value personal injury claim? - Anisa Kassamali, Temple Garden Chambers * Time limits for the assessment of a CFA - Anisa Kassamali, Temple Garden Chambers * Case Summary: T v S - Helen Reynolds, Spencers Solicitors Limited * The Importance of Discretion After Cable: Ahmed v Chojnowski [2022] EWHC 2863 (KB) - Sebastian Bates, Temple Garden Chambers * Defective Witness Statement for Non-English Language Speaking Claimant Was Ruled Inadmissible Leading to Dismissal of His Claim - Grace Corby, Temple Garden Chambers * Judicial College Guidelines 16th Edition: Damages for Asbestos-Related Disease - Jim Hester, Parklane Plowden Chambers * Vulnerable witnesses: AXX v Zajac [2022] EWHC 2463 (KB) - Anisa Kassamali, Temple Garden Chambers * The Civil Liability (Contribution) Act 1978 Is Without Overriding Effect - Sebastian Bates, Temple Garden Chambers * Judicial College Guidelines 16th Edition: Damages for Noise Induced Hearing Loss - Jim Hester, Parklane Plowden Chambers * The incomplete cross-examination: Riley v Salford Royal NHS Foundation Trust [2022] EWHC 2417 (KB) - Anisa Kassamali, Temple Garden Chambers * A Stark Reminder to Insurers About the RTA Protocol: London Borough of Islington v Bourous [2022] EWCA Civ 1242 - Sebastian Bates, Temple Garden Chambers * Case Summary: S v H - Steven Barke, Spencers Solicitors A PRACTICAL GUIDE TO CATASTROPHIC BRAIN INJURY CLAIMS This concise guide by barrister Pankaj Madan provides practical advice and reminders to those lawyers dealing with catastrophic brain injuries. It will help those bringing and defending such claims. A reminder and easy references of the principal points for those who are more experienced, a pathfinder for those who are perhaps just setting out in this area of personal injury perhaps with their first case, finding their way being led in a team. More Info / Buy Now / Read FREE Chapter NOTE: From 1st May 2020 online journals are now zero VAT rated. PIBULJ.COM - The UK's leading online PI journal Read Latest Issue Books Write for PIBULJ.COM Get your name seen by around 12,000 readers of our website and newsletters. Click here for more information on writing for us. Advertise on PIBULJ.COM Get your message seen by PI practitioners across the UK with a text ad, banner ad, or sponsored post on this website, or a banner ad in our newsletters. Click here for more information. PI Industry News Dishonest claimant hit for £323,000 costs after being filmed playing golf... Review of whiplash tariff concluded - but may not be published... PI lawyers urge 'case-by-case' approach to court documents access.. It’s official: fixed costs for clinical negligence set for October... Google-spoofing by CMCs 'not necessarily illegal'... Lawyer cleared of contempt over bogus whiplash claim... Fixed costs in clinical negligence claims set for October... 'Tokenistic' whiplash tariff 'hard to explain to claimants'... Claimant lawyers ordered to pay half the costs of a fundamentally dishonest personal injury claim... Supreme Court rejects appeals in whiplash mixed-injuries case... Police 'regularly' signpost accident victims to law firms, ex-sergeant tells tribunal... Landmark judgment in Hadley v Przybylo: Claimant's victory in catastrophic injury case... PI world turns its attention to Supreme Court for mixed-injuries case... Supreme Court rules that insurer should pay victim's car hire losses... Credit Hire Articles We have now published more than 50 specialist credit hire articles. A selection are shown below, or see the complete list here. Subscribers can also access, for free, the latest edition of Kevan & Ellis on Credit Hire. THE ABSENCE OF A VALID MOT CERTIFICATE MAY DEFEAT A CLAIM FOR CREDIT HIRE DUE TO LACK OF CAUSATION, EVEN IF IT DOES NOT DEFEAT THE ENTIRE CLAIM - NANCY KELEHAR, TEMPLE GARDEN CHAMBERS 28/09/23. Mr Justice Martin Spencer gave judgment in an appeal by the Claimant against the dismissal of the claim for credit hire charges on the basis that a lack of an MOT certi... APPEAL JUDGE RULES THAT CREDIT HIRE COMPANY HAS NO COSTS LIABILITY FOLLOWING A FINDING OF FUNDAMENTAL DISHONESTY IN PERSONAL INJURY CASE: RSA V. FASTRACK SOLUTIONS LIMITED [2023] 4 WLUK 92 - DAVID BOWDEN, ERIMUS CHAMBERS 29/05/23. Mr Shazad staged a car accident on 25th November 2015. The other driver said at the beginning ‘ I thought the accident was suspicious straight away’ . A court claim ... EDITORIAL: PRE-ACTION DISCLOSURE OF FINANCIAL DOCUMENTS IN CREDIT HIRE CASES - AIDAN ELLIS, TEMPLE GARDEN CHAMBERS 30/11/18. As long ago as 2004, in the course of carving out the impecuniosity exception in Lagden v O’Connor, Lord Nicholls expressed the hope that the parties “should be able t... IN CREDIT HIRE CIRCLES, WHAT GOES AROUND COMES AROUND (AGAIN…): IRVING V MORGAN SINDALL PLC CONSIDERED - JASON PROSSER, LEEPER PROSSER SOLICITORS 30/07/18. In Credit hire arguments go in circles, at least that is the experience of the writer (who has now been engaged in conducting credit hire claims for nearly 15 years), w... BACK TO BASICS: SHOULD CREDIT HIRE BE STRIPPED? - GARY HERRING - HORWICH FARRELLY SOLICITORS 11/09/14. In Dimond v Lovell the House of Lords made it all seem so simple. In a case where the claimant sought hire charges in the princely sum of £346.63, it was held that ... OUT OF ‘CONTROL’? CREDIT HIRE AND CPR PART 31 - GARY HERRING, HORWICH FARRELLY SOLICITORS 10/04/14. Disputes relating to disclosure remain an enduring feature of credit hire litigation and, largely to the understandable annoyance of the judiciary, are the source of mu... More: * Credit Hire and Storage Fraud - Andrew Mckie, Clerksroom * Opoku v Tintas - Melanie Mooney, Keoghs * Too Little, Too Late: Robertson v Dixon (In the Milton Keynes CC 19th April 2013) - Max Withington, Horwich Farrelly * Editorial: Challenging Period of Hire - Aidan Ellis, Temple Garden Chambers * Editorial: Opoku v Tintas: Court of Appeal on Period of Hire - Aidan Ellis, Temple Garden Chambers * The Sharp End of Employers’ Liability – Breach and Causation Under the Personal Protective Equipment Regulations 1992 - Andrew Roy, 12 King’s Bench Walk WHY IS IT SO DIFFICULT FOR LAWYERS TO ADMIT THEY DO NOT KNOW EVERYTHING? - DR MARK BURGIN 12/07/24. Dr Mark Burgin discusses the phenomenon of arrogance in the legal profession and how experience from working with arrogant doctors can help the law. A common joke amongs... MASTERCLASS IN CHAOS: THE JOINT CONFERENCE - DR MARK BURGIN 10/06/24. Dr Mark Burgin discusses the importance of a functional system for producing independent and accurate joint expert reports, ultimately serving the purpose of a just leg... RED FLAGS: A GUIDE FOR LAWYERS - DR MARK BURGIN 12/06/24. Dr Mark Burgin considers the controversial topic of Red Flags and how they can describe how doctors use the clinical process. In many cases the concept of Red Flags beco... DOES THE HUMAN RIGHTS ACT APPLY TO ALCOHOL DEPENDANT PATIENTS? - DR MARK BURGIN 28/05/24. Dr. Mark Burgin BM BCh (oxon) MRCGP explains that the failure to provide benzodiazepines for harm reduction in Alcohol Dependant Patients may breach Article 3 of the HR... BABYBARISTA BabyBarista in association with PI Brief Update QUEEN'S COUNSEL Queen's Counsel in association with PI Brief Update Privacy Policy Legal Resources © Copyright Law Brief Publishing Ltd, all rights reserved. Published by Law Brief Publishing Ltd, company number 05966609, registered in the UK. Registered office address: 30 The Parks, Minehead, Somerset, TA24 8BT. All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. Professional advice should always be obtained before applying any information to particular circumstances. Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.