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January 2023 Contents

Welcome to the January 2023 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
Time limits for the assessment of a CFA - Anisa Kassamali, Temple Garden Chambers
Menzies v Oakwood Solicitors Limited [2022] EWHC 3199 (KB) considered the approach to a solicitor's deduction under a conditional fee agreement ("CFA"). On the particular facts of the case, the client was able to challenge the deduction 21 months after settlement of the underlying proceedings...
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
Munira Pathan v Commissioner of Police of the Metropolis [2022] EWHC 3244 (KB). The Claimant (and Appellant) was arrested by police officers and then detained at a police station for 12 hours, before being released. The police took no further action against her. On 3 May 2019 she issued a claim form, drafted by her husband, alleging that her arrest and detention were unlawful. The particulars of claim said that she suffered high blood pressure and felt faint while in detention and that she 'has suffered loss and damage', but she did not indicate that she was making a claim for damages for personal injuries...
The Court of Appeal on the rules of the road, and of road traffic litigation - Sebastian Bates, Temple Garden Chambers
In Taylor v Raspin [2022] EWCA Civ 1613, the Court of Appeal gave guidance on reasonable driving and the adjudication of road traffic litigation. As William Davis LJ summarised at [2]-[3], Mr Raspin had ridden his motorcycle along a major road, approaching a junction with 'a minor road on his right'. Ms Taylor had pulled out from the minor road and turned right, colliding with him. She...
When is adjournment appropriate in a high value personal injury claim? - Anisa Kassamali, Temple Garden Chambers
Benford v East and North Hertfordshire NHS Trust [2022] EWHC 3263 (KB) considered whether a trial should be adjourned on the assertion that the assessment of future loss and expense arising from the Claimant's injuries was either impossible or so speculative that it would be unjust to the Defendant...
Case Summary: T v S - Helen Reynolds, Spencers Solicitors Limited
The Claimant aged 25, was involved in a road traffic accident, in which the Defendant failed to slow his vehicle and collided with the rear of the Claimant's vehicle. Liability was admitted by the Defendant's insurers. As a result of the accident T suffered with neck pain, left shoulder, arm and hand pain, left knee pain and pain in his lower back with pins and needles in the left leg. He also developed travel anxiety, associated with flashbacks, nightmares and insomnia...
Medico-Legal Articles, Edited by Dr Hugh Koch
Legal Mind Case and Commentary No 41: Expert Witness Requirements - [Koch HCH, Jansen F, Ma SYA, Hughes R and Proctor B, February 2023]
Two recent cases reviewed by Bond Solon and by Civil Litigation Brief have focused on Expert Witness Requirements and responsibilities. The key components and learning points are summarised here and discussed...
Clinical Negligence Medicine by Dr Mark Burgin
How to write an expert's report for a coroner's court - Dr Mark Burgin
Dr Mark Burgin explains how to simplifying the expert's report can improve performance in a coroner's court. The coroner must read many written submissions and build a story of how the death occurred. They are trained to disregard complexity and instead will focus on the key events. This approach is in conflict with the medical and lay understanding...
Why is an expert Range Of Opinion so stressful for lawyers? - Dr Mark Burgin
Dr Mark Burgin reflects on the problems that lawyers have with medical uncertainty and the expert range of opinion. There appear to be two constants in expert evidence, first that the experts have uncertainty and second that they disagree. These are two parts of the same problem, that there is a range of opinion with experts at different places on that range. Ideally all experts would offer a range of opinion and reduce the need for...