January 2025 Contents
 Welcome to the January 2025 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 | |
 Majid Saadati v Seye Dastghaib and Andreas Rudolf Bihrer [2024] EWHC 3336 (KB) - Andrew Ratomski, Temple Garden Chambers Practitioners making hasty applications for default judgment ought to keep in mind the law of unexpected consequences. Applications for judgment in default, when not made properly, run the risk of being re-heard again and again (and again) as Saadati v Dastghaib illustrates. The judgment of Morris J follows a rolled-up appeal hearing challenging an order of Deputy Master Sabic KC ('the Deputy Master') to set aside an earlier order of judgment in default made by Master Thornett ('the Master) amongst other issues. The underlying claim concerned a loan of USD $15 million alleged to have been... |
 CXC (a protected party by her litigation friend BXB) v (1) David Clarke, (2) EUI Limited [2024] EWHC 3138 (KB) - Philip Matthews, Temple Garden Chambers CXC considers the use of intermediaries to assist vulnerable witnesses to give evidence in personal injury proceedings. On 16 September 2007, the Claimant (who was then 20-years-old) was involved in an RTA whilst a passenger in a car driven by the First Defendant. As a result of the admitted negligence, the Claimant suffered a severe brain injury and other injuries, including a fracture to her jaw. The claim was settled on 25 May 2009, before issue, in the sum of £25,000. Subsequently, the Claimant sought an order that this settlement be set aside on the basis that she... |
 Smith -v- AXA Insurance UK PlC & Spectra Drive Limited (24th December 2024) - Philip Matthews, Temple Garden Chambers Smith is the latest decision in the long-running trench warfare between credit hire companies and defendant insurers on the issue of non-party costs orders (NCPOs). Despite the hire charges in issue being just £11,809.94, both sides instructed leading silks, suggesting that the principle at stake is much more important than the sums involved. The Claimant's vehicle was damaged in an RTA, for which liability was admitted. She contacted a claims management company, Spectra, that arranged for her to hire a replacement vehicle. She subsequently made a claim for damages which included hire charges in addition to PSLA... |
 Majid Ali v HSF Logistics Polska SP Zoo [2024] EWCA Civ 1479 - Andrew Ratomski, Temple Garden Chambers Whilst Ali v HSF is a case arising in credit hire litigation, the Court of Appeal's recent decision is of broader significance to injury practitioners handling cases arising from road traffic accidents because it considers a number of practical applications of the doctrine of illegality (ex turpi causa). It will be no surprise that an illegality defence is difficult to run and difficult to succeed on. The Defendant's lorry had driven negligently into the Claimant's Volvo motorcar and the damage rendered it undriveable with repairs taking some time. The trial judge found that the Claimant needed to... |
| Clinical Negligence Medicine by Dr Mark Burgin | |
 What Do GPs Know About Mental Health? - Dr Mark Burgin Dr Mark Burgin discusses some of the reasons why GPs continue to insist that they do have expertise in mental health. Mental health is a lifelong progression from childhood experience and attachment through identity crises and bereavement. It can include serious mental illness such as depression or psychosis or mental health adjustments to life events. Prevalence figures suggest that about 1 in 6 people have mental health symptoms. 90% of all mental health consultations in the NHS are with GPs... |
 A Balanced Approach to Death and Dying - Dr Mark Burgin Dr Mark Burgin explains that suffering is an unavoidable part of the human condition and detaining dying people may be a form of clinical negligence. There have been a series of cases where hospitals have refused to allow terminally children discharge themselves. Whilst it is understandable that healthcare staff will wish to protect these children there was an unwelcome twist. In a recent case it was the near adult child who was asking to leave the hospital. This has led to medical experts questioning some of the current principles... |
![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)
