Personal Injury Newsletter – January 2023

January 17, 2023

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Please find below, the articles written by our barristers and distributed in the January 2023 edition of Exchange chambers’ personal injury newsletter:

Patient fault and contributory negligence in clinical negligence

By Matthew Stockwell

One of my first clinical negligence cases involved a young man who had driven carelessly into a wall whilst showing off in a car…

The use and abuse of the Rehabilitation Code in liability disputed cases

By Chris Barnes KC

The benefits of rehabilitation are well known… Despite that, many insurers continue to take a hostile and unsupportive attitude…

Island hopping and recalling past beliefs

By David Sandiford

I began the process writing this piece with the intention of drawing attention to a further useful decision of the CA in a pedestrian versus vehicle claim, an area of my practice on which I have written and presented previously…

W L v MM

By Gerard Martin KC

Following a JSM in October 2022, within a few weeks thereof, a further and better offer was made by the insurer in this case, such that the case for this below knee amputee web designer… settled for £3.5 million gross of IPs and CRU…

Care and OT claims – you have been warned

By Andrew Ward

Andrew Ward represented the Defendant in Muyepa-Ministry of Defence [2022] EWHC 2648 (KB). Following a 12-day trial involving oral evidence from 29 lay witnesses and 10 experts, Mr Justice Cotter dismissed the claim by a former soldier for damages of £2.9 million…

Participation of vulnerable parties in civil litigation: split trials and stays (AXX v. Zajac)

By Chris Gutteridge 

AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A…

Service of copy claim forms: two triumphs of substance over form

By Christian Taylor and Sara Sutherland

Proceedings are started when the court issues a claim form at the request of the claimant (CPR 7.2). That claim form then has to be served upon the Defendant(s) by one of the methods stipulated in CPR 6.3. Imagine the scenario where two originals of the claim form are returned to the office…