August 2024 Contents
 Welcome to the August 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.
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| Personal Injury Articles | |
 Attempted second bite of the cherry or a different fruit all together? Outotec and another v MW High Tech Projects UK Limited [2024] EWCA Civ 844 - Andrew Ratomski, Temple Garden Chambers Perfect for mid-summer reading, this case is about the much litigated question of whether a party was trying to have a second bite of the cherry or having a go at a different summer fruit all together. The issue for the Court of Appeal was whether the first-instance judge erred in concluding that proceedings would not be struck out as an abuse of process in accordance with the principles of Johnson v Gore Wood and Co [2002] 2 AC 1 and in particular whether a breach of the 'Aldi guidelines' was sufficient to justify strike out as abuse or whether it was necessary to demonstrate in addition vexation, oppression or... |
 Defendant's own YouTube posts provided evidence of contempt: Wye Valley NHS Trust v Murphy [2024] EWHC 1912 (KB) - Philip Matthews, Temple Garden Chambers This case, an application for committal for contempt of court, is noteworthy for the extent of evidence which came from the Defendant himself in the form of social media (YouTube) posts. Mr Murphy was the claimant in the underlying clinical negligence action against the Trust. He alleged breach of duty in surgical repair of a left bicep tendon rupture in 2017. He claimed that he had suffered permanent damage to his left arm, which rendered him unable to return to work as a builder and incapable of playing rugby and lifting weights. He claimed... |
 Expert witnesses and apparent bias: Biggadike v El Farra & Anor [2024] EWHC 1688 (KB) - Philip Matthews, Temple Garden Chambers Biggadike was a clinical negligence action against two defendants originating from allegedly mismanaged urinary stress incontinence. On liability, all sides called expert witnesses in urogynaecology. Two of those experts, Mr Toozs-Hobson and Mr Robinson, were subject to cross-examination which sought to undermine their integrity on the basis of their attendance at the same clinical conference during the trial. The questioning implied, in the words of Carmwel Wall J at §126, that the experts had... |
 Is a formal application to amend a costs budget always necessary and wise? Masudur Rahman v Dewan Hassan and Others [2024] EWHC 2038 (Ch) - Andrew Ratomski, Temple Garden Chambers HHJ Paul Matthews sitting as a Deputy High Court Judge considered a number of consequential matters following a three week trial where the underlying proceedings concerned whether a number of transactions made by the late Mr Al Mahmood, who the claimant maintained was his relative, were gifts in contemplation of death. After judgment was handed down, the successful claimant sought to apply formally to amend his costs budget (see paras. 42 to 53) and the application and factors relied on give a helpful indication of both the necessity of such applications to amend costs budgets and how a range of factors will be handled by the court when adjudicating on what is a... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 Why is it so hard for Lawyers to be organised? - Dr Mark Burgin Dr Mark Burgin in an occasional series on the SRA codes of conduct considers how to organise medical evidence. Medical evidence requires several steps to ensure that it fully addresses the issues in the court. Ensuring that all the material issues are identified can be difficult as they may not be obvious until the first expert report in the case is received. Counsel may find that they feel that they must suggest several experts in the hope that this will cover all the issues. Writing instructions can be difficult if is it not clear what will be material... |
 Why The Physician Associate PA Role may mean the end for GPs - Dr Mark Burgin Dr Mark Burgin discusses the existential risk to primary care posed by the increasing use of allied professions to work as in front line roles. Primary care is about 100 times more efficient than secondary care, they see 10 times as many patients for one tenth of the budget. As primary care staffing and funding falls the workload has dramatically increased in A and E and secondary care. The specialists are closing waiting lists and are becoming overwhelmed with the workload... |
![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)
