Updates and Briefing Papers

Revision of the Medical Reporting Process for low value RTA claims

• FOIL

On 18th July the MOJ opened a consultation on revising the Medical Reporting Process for Road Traffic Accident Claims valued at up to £5,000. The consultation is open until 10th October.

Interpreter’s fee may be allowed under CPR 45.29I(h)

• FOIL

The Court of Appeal held that that an interpretation of sub-paragraph (h) that precluded the recovery of reasonably incurred interpreter's fees in a case such as the present would not be in accordance with the overriding objective and the court was not bound by Cham in which counsel’s fee had been disallowed

The extent of a doctor’s duty of care to inform a patient about alternative possible treatments

• FOIL

McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) (Scotland) [2023] UKSC 26

Northern Ireland Learning Event Write Up – Forensic Collision Reconstruction: A Road Map

• FOIL Northern Ireland

Northern Ireland Learning Event – Forensic Collision Reconstruction – A Road Map

• FOIL Northern Ireland

Northern Ireland learning event with Hawkins

Service abroad, compliance with Hague Convention and Third Party procedure

• FOIL Ireland

Event update following a talk from Padraic Hogan BL on the subject of service abroad, compliance with the Hague Convention and Third Party procedure.

Breaking the chain of causation

• FOIL

Reviewing Jenkinson v Hertfordshire CC [2023] EWHC 872 (KB)

The application of CPR 11

• FOIL

Pitalia and another v NHS England (2023) EWCA (Civ) 657

NIHL claims under the extended Fixed Recoverable Costs regime

• FOIL

As part of the introduction of the extended FRC regime, coming into effect on 1 October 2023, changes to the handling of NIHL claims are being introduced. The Pre-Action Protocol for Disease and Illness Claims will be amended on 1 October, to put in place a new Annex E, providing for alternative claims handling processes for NIHL claims worth up to £25k against a sole defendant.

The CJC Review of Costs – FOIL considers the final report

• FOIL
• FOIL select
• London Market FOIL
• Sponsors

Coming closely behind the draft FRC rules published by the CPRC earlier this month, the CJC has now published its Final Report on its strategic review of costs.

CPR Update – extension of FRC

• FOIL
• FOIL select
• London Market FOIL
• Sponsors

The Civil Procedure (Amendment No. 2) Rules 2023, 156th Practice Direction Update and associated Pre-Action Protocol (PAP) Update have been published.

Layering Claims, Psychological Injury and Tinnitus

• FOIL

A panel of speakers looked at the extent which claims layering has increased; how to deal with claims from a procedural point of view; and what is needed from medical expert witnesses.