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July 2021 Contents

Welcome to the July 2021 issue of PI Brief Update Law Journal. Click the relevant links below to read the articles.

CPD

Note that there are no new monthly CPD quizzes since the SRA and the BSB have both updated their CPD schemes to eliminate this requirement. Reading PIBULJ articles can still help to meet your CPD needs. For further details see our CPD Information page.

 

Personal Injury Articles, July 2021
R (The Good Law Project) v The Secretary of State for Health and Social Care [2021] EWHC 1782 (TCC) - Harry Peto, Temple Garden Chambers
This was a claim for judicial review in which the Claimant sought to challenge the lawfulness of the Defendant's decisions to award contracts for the supply of personal protective equipment to the Interested Party, Pharmaceuticals Direct Ltd...
Fear and anguish shortly before instantaneous death: Chouza v Martins & Ors [2021] EWHC 1669 (QB) - Paul Erdunast, Temple Garden Chambers
Fear and anguish shortly before instantaneous death is capable of compensation in PSLA damages in a fatal accident case - but where that period of fear and anguish was short, the figure was £500. Mr Rodriguez, the deceased, was unfortunately killed by an articulated goods vehicle which drove on the wrong side of the road, into the car in which he was a passenger. It was more likely than not, the medical expert concluded, that the death would have been instantaneous...
Smith v The Royal Bank of Scotland [2021] EWCA Civ 977 - Harry Peto, Temple Garden Chambers
The Defendant sought permission to appeal in a second appeal in relation to a PPI case. The case had been allocated to the small claims track. Permission to appeal was granted, but subject to a condition that the Defendant pay the Claimant's costs of the appeal. This condition was on the ground that the Claimant was an individual with a small claim who was defending a second appeal, whereas the Defendant was a large corporation. The Defendant applied to set aside that condition...
Whether there is a draft defence will, in certain circumstances, be a highly relevant factor in whether there is a real prospect of success on an application to set aside default judgment: Alli-Balogun v On the Beach Limited [2021] EWHC 1702 (QB) - Paul Erdunast, Temple Garden Chambers
The Claimant, an eight year old child at the time of the accident, suffered catastrophic brain injuries when she drowned in a swimming pool in Spain on the watch of a lifeguard. The fifth defendant ("the Defendant"), the insurer of the company the lifeguard worked for, applied to set aside the default judgment obtained against it on 20 December 2019...
The fight against section 57 fundamental dishonesty: Ed Ford (aka Edward Leonard Batey) v Lilachall Limited - Cristina Parla, Roythornes Solicitors
I recently acted for a client in connection with his personal injury claim which arose as a result of a slipping accident on private property. The facts of the case are relatively straightforward, but the approach adopted by the defendant caused significant delays. The claim took over 5 years to resolve and had to go before the court for determination on liability and quantum...
PI: One of the top six growth areas for paralegals as we come out of lockdown - Amanda Hamilton, Chief Executive, National Association of Licensed Paralegals (NALP)
Fortunately, we are now seeing a slow recovery from lockdown, but we have yet to see the serious after-effects, mental, physical, economical and legal, on individuals and businesses. Only time will give us this information...
Balls v Reeve & Thurlow: limitation and causation: Asbestosis - Jim Hester, Parklane Plowden Chambers
In this Asbestosis case, both limitation and causation were in dispute. The Judgment appears in full at Balls v Reeve and Thurlow [2021] EWHC 751 (QB). The claim was heard by David Pittaway QC, sitting as a Deputy Judge of the High Court...
Medico-Legal Articles, Edited by Dr Hugh Koch
Legal Mind Case and Commentary No. 35: A reasonable expert, please? - Koch HCH, Aldridge M, Grace J and Jansen F, July 2021
This is the thirty-fifth in a series of Case reports and Commentaries from Professor Koch and colleagues. The pros and cons of requiring a medical expert to attend a hearing for a Fast Track case is debated and illustrates the importance of meeting CPR requirements...
Clinical Negligence Medicine by Dr Mark Burgin
Disrupting the Law - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP takes a wry look at how the latest developments in AI technology could be used to create a cheaper, quicker and better legal system...
M'Naghten rules and civil cases - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP discusses how the M'Naghten rules which are for criminal cases shine a light upon areas of injustice in civil cases particularly clinical negligence...