January 2021 Contents
 Welcome to the January 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.
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| Personal Injury Articles | |
 Godfrey v Automotive Products Limited (unreported, 17 December 2020) - Paul Erdunast, Temple Garden Chambers Can a Claimant who is required to take out a loan in order to fund litigation disbursements recover interest on the loan from the Defendant? DJ Baldwin, a regional costs judge, decided that the answer was 'yes' in theory, but he declined to exercise it where there was no evidence of the Claimant's finances or the loans market... |
 FREE CHAPTER AND FOREWORD from 'A Practical Guide to the Small Claims Track - 2nd Edition' by Dominic Bright A litigant in England and Wales is most likely to come into contact with the civil courts, principally the county court, in connection with a claim proceeding on the Small Claims Track which, despite the name, is the track to which nearly all the cases worth up to £10,000 are allocated, a very significant number of cases every year... |
 Devonshires Solicitors LLP v Elbishlawi and Lam Developments Ltd [2021] EWHC 173 (Comm) - Harry Peto, Temple Garden Chambers This was an application for summary judgment in respect of a claim for fees against the Defendants, who were former clients of the Claimant. The First Defendant was the beneficial owner of the Second Defendant property investment company... |
 Azam v University Hospital Birmingham NHS Foundation Trust [2020] EWHC 3384 (QB) - Paul Erdunast, Temple Garden Chambers This case is a helpful reminder that if a party wishes to rely on prejudice against it, it should provide evidence of such prejudice. This applies in numerous situations, such as applications for relief from sanctions, arguments about resiling from admissions, and in this case, which concerned whether to extend limitation to allow a claim being issued roughly 20 years out of date... |
 Asbestosis: assessing damages on a provisional basis - Jim Hester, Parklane Plowden Chambers Hamilton v NG Bailey Limited [2020] EWHC 2910 (QB) provides a useful view of how a court might approach quantum in an asbestosis case when considering damages on a provisional basis rather than as a full and final settlement. Those who deal regularly with such cases would be well advised to read the judgement in full... |
 Case Summary: M v W - Helen Reynolds, Spencers Solicitors The Claimant, aged 9 at the time of the accident, was riding his bike through the local park when he hit a tree stump, which was disguised by overgrown grass, causing him to fall from his bike. The Claimant suffered a fracture of his left arm with bruising to his face and leg... |
 Landmark Ruling Clarifies Accommodation Claims - Claire Burnell, Higgs & Sons The long-awaited Swift v Carpenter ruling gives solicitors some welcome clarity on how to assess accommodation claims for those suffering serious injury in the wake of an era of low interest rates... |
 Case Summary: W v UHD - Karen Cawood, Spencers Solicitors This is a clinical negligence claim. W was diagnosed with breast cancer in February 2016. It was a Grade 3 invasive carcinoma of the left breast. A biopsy also confirmed metastatic cancer to the left lymph nodes... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 Final Report from The President of the Family Division Working Group on Medical Experts in the Family Courts - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains how low fees, poor quality instructions from solicitors and criticism by courts is causing a perfect storm... |
 What Information should GPs record? - Dr Mark Burgin Dr. Mark Burgin BM BCh (oxon) MRCGP explains that GPs can record too much information and cause breaches of confidentiality... |
![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](/content/images/resized/images/stories/carkeys_72_72.jpg)
