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September 2021 Contents

Welcome to the September 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
A realistic and common-sense approach. A reminder of the principles relating to the assessment of damages under section 3 FAA: Paramount Shopfitting Company Ltd v Rix [2021] EWCA Civ 1172 - Rochelle Powell, Temple Garden Chambers
This was an appeal against the order of Cavanagh J, whereby he ordered that the respondent, the widow of Martin Rix ('Mrs Rix'), had suffered a loss of financial dependency. It was the appellant's case that Mrs Rix had no financial dependency claim because the family business had been profitable since the death of Mr Rix...
Child pedestrians and contributory negligence - David Knifton QC, Exchange Chambers
In the latest contribution to the issue of child contributory negligence, HHJ Bird (sitting as a Judge of the High Court) concluded that a 9 year-old girl, struck by a car whilst crossing a carriageway at night, was not guilty of contributory negligence. The case of Alabady v Akram [2021] EWHC 2467 (QB) raises a number of important issues in this area of the law...
Axnoller Events Ltd -v- Brake [2021] EWHC 2362 (Ch) - Nicholas Dobbs, Temple Garden Chambers
HHJ Matthews (sitting as a Judge of the High Court) carried out a summary assessment of the costs of an application dealing with various issues that had arisen in the proceedings. Of particular interest, the Court was asked to consider whether the charging rates for London solicitors were appropriate for this case...
A costly error: the failure to file a schedule in Mahandru v Nielson [2021] EWHC 2297 (QB) - Rochelle Powell, Temple Garden Chambers
This was an appeal brought by the claimant in the underlying action, Mr Rajeve Mahandru, against an order of Ms Recorder Frost, by which she refused his application for an interim injunction requiring the defendant, Dr Ejiro Nielson, to readmit the claimant to the property where he had been living before he was admitted to hospital...
Sheard -v- Cao Tri Do [2021] EWHC 2166 (QB) - Nicholas Dobbs, Temple Garden Chambers
This case provides an instructive example of the difficulties in negligence claims of resolving conflict between witness evidence and contemporaneous medical notes, especially when memories of crucial conversations have faded...
Cost Budgeting in the Asbestos List - Jim Hester, Parklane Plowden Chambers
This Judgment was given extempore during a CMC. However, the Master decided that given that it involves the common issue of cost budgeting within the Asbestos List, it was set into print. It has been distributed more widely than otherwise would be the case. The Judgment states that approach contained has the approval of the Asbestos Masters...
Clinical Negligence Medicine by Dr Mark Burgin
Not Happy with Report: what are the claimant's options? - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP reveals the secrets to effectively challenging a reluctant expert and obtaining a fairer report...
How To Understand The Solicitor's Instructions To The Medical Expert - Dr Mark Burgin
Dr Mark Burgin BM BCh (oxon) MRCGP explains how to identify difficulties in instructions and offers approaches to resolving them... preview http://www.pibulj.com/content/law-journal-summaries/news-category-4/5370-how-to-understand-the-solicitor-s-instructions-to-the-medical-expert-dr-mark-burgin