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April 2024 Contents

Welcome to the April 2024 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
Large and Small Apples, not Apples and Pears: Hassam v Rabot [2024] UKSC 1 - Amy Lanham Coles, Temple Garden Chambers
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 injuries) has been endorsed. This case confirms the approach to take in personal injury cases which are subject to the relatively new statutory regime laid down in the Whiplash Injury Regulations 2021. This regime limits the...
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
This case raised an important question: is the cost of a fee earner's attendance at rehabilitation case management meetings recoverable as legal costs? Following catastrophic injuries sustained by the Claimant in a road traffic accident and admission of negligence by the Defendant, this claim was settled (subject to approval) for a lump sum of £5.6 million and an annual sum of £170,000 for case and care management. Costs remained...
Upcoming Statutory Review of the Whiplash Tariff: but will reform follow? - Nancy Kelehar, Temple Garden Chambers
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 Chancellor to review the regulations within 3 years of their coming into force, i.e. by 31 May 2024. This upcoming review may result in increased figures under the tariff. On 2 April 2024, the Ministry of Justice (MoJ) closed its Call for Evidence which it says forms a key part of...
Recent amendments to Practice Directions relating to Fixed Recoverable Costs (FRC) - Nancy Kelehar, Temple Garden Chambers
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 less. Given the date of implementation, the courts have not had the chance to address some of the issues that may arise, e.g. as to assignment of the complexity band. In the meantime, the rules have been refined by the 163rd and 165th updates to the...
Medico-Legal Articles, Edited by Dr Hugh Koch
The Complexity of Assessing Claimants with Psychological Vulnerabilities and Stoicism in Medicolegal Psychological Reporting - Dr Justin Savage, Chartered Clinical Psychologist
In medicolegal psychological reporting, assessing claimants who exhibit both psychological vulnerabilities and stoicism presents a unique challenge. These two characteristics, seemingly at odds, can complicate the evaluation process and require a nuanced approach. Psychological vulnerabilities refer to certain predispositions or susceptibilities that make an individual more likely to...
Clinical Negligence Medicine by Dr Mark Burgin
Ten reasons you have the wrong expert - Dr Mark Burgin
Dr Mark Burgin reveals ten reasons you may have the wrong expert. 1. Specialists: An expert too focused will miss key issues crucial to the case. 2. Popular: Close ties to solicitors could raise concerns about impartiality. 3. In current practice: Consider a full-time expert for a more responsive service. 4. Law: Using wrong legal tests and not following CPR35...