March 2023 Personal Injury and Clinical Negligence law newsletter out now

Welcome to our first newsletter of 2023

It certainly has been a busy few months,  with numerous cases recently reported and relevant to the law of Personal Injury and Clinical Negligence.

This newsletter analyses some of those cases and also includes guidance on the  forthcoming changes to the Civil Procedure Amendment Rules. 

Barry v Ministry of Defence [2023] EWHC 49 (KB)

Michelle Marnham analyses the case of Barry v Ministry of Defence [2023] EWHC 49 (KB) in which Judge Johnson handed down judgment in relation to former marine Mr Barry’s claim that the Ministry of Defence (MoD) caused his noise-induced hearing loss. It is the first time judicial guidance has been expressly given on the reduction factors (other than mortality) since the revised guidance in the 8th edition of the Ogden tables were published in July 2020.

A Real Shift - Substantial Changes to CPR 44.14

On 2nd February 2023 The Civil Procedure Amendment Rules 2023 were laid before Parliament with the stated intention that they should come into force on 6th April 2023, amending the Civil Procedure Rules 1998 from that date.

Henrietta Hughes looks at the changes being introduced.

The employer/employee relationship and independent contractors

Ellena James looks at the case of Andrew Carr v Brands Transport Limited [2022] EWHC 3167 (KB). This judgment serves as a detailed and comprehensive review of personal injury claims in an employment context, including contributory negligence and the circumstances in which a sole director will be considered an employee in such cases.

Causation and Divisible Injury, The ‘Rocks Of Uncertainty’

Michelle Marnham considers the case CNZ v Royal United Bath Hospitals NHS Foundation Trust. A must-read case for those practising in clinical negligence and especially for those practising in birth injury cases. The case also provides useful guidance on material contribution and apportionment.

Excalibur & Keswick Groundworks Ltd v McDonald

Oliver Hirsch considers the case of Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18, in which the Court of Appeal has confirmed the difficulty of removing QOCS protection from a claimant who discontinues at the last moment. This follows previous decisions in the same spirit, such as Mabb v English [2017] EWHC 3616 (QB).

The Whiplash Injury Regulations 2021 and Mixed Injuries

Charles Fulton summarises and comments on Rabot v Hassam and Briggs v Laditan [2023] EWCA Civ 19. These cases, which were appeals from the County Court to the Court of Appeal, dealt with the construction of section 3 of the Civil Liability Act 2018 (“the Act”).

David Kemeny involved in a case considering Damages Claims Pilot 

David Kemeny was recently involved in a case in Telford County Court in which the County Court considered whether the Damages Claims Pilot (DCP) established under Practice Direction 51ZB was applicable to a defendant based overseas but which had nominated solicitors in England and Wales for service.

6th Anniversary Celebration

On 9th February members of the PI & Clinical Negligence team, along with members from 3PB's other practice areas, celebrated the 6th year anniversary of the opening of the 3PB Birmingham Chambers.

On Tuesday 28th March, 3PB Birmingham hosted Birmingham Law Society's Networking Social for Lawyers. Members of the team enjoyed catching up with lawyers over a drink and canapes.

Almost £20,000 raised for the Child Brain Injury Trust

Henrietta Hughes recently attended the Child Brain Injury Trust's incredible 'She's Shining' fundraising lunch at Halle St Peter's, Manchester. Keynote speeches were given by Dame Stephanie Shirley, Lady Justice Whipple and CBIT's CEO Lisa Turan. Moreover the event raised an amazing £19,865 for CBIT.

£13,000 raised for Megan Baker House, Worcester

Michelle Marnham and Mark Lomas were guests at the Megan Baker House 20th Anniversary Sparkle Ball held at Bank House Hotel in Worcester. It was a thoroughly enjoyable evening which raised an amazing £13,000. Megan Baker House is a charity which provides conductive education sessions for children and adults with motor disorders.

AvMA/Circle Case Management 5k Run

Ellena James and Abi Griffin participated in the AvMA/ Circle Case Management 5k Run on Wednesday 22 March in Bournemouth in aid of Action against Medical Accidents.

Well done both!

Clinical Negligence Conference beside the seaside 

David Snook, Ellena James and Abi Griffin were at the 33rd AvMA Annual Clinical Negligence Conference (ACNC) last week, where 3PB's squeezy judges were a big hit!  The programme this year focused on surgery whilst also covering many other key medico-legal topics at such an important time for clinical negligence practitioners.

Richard Wheeler appointed as a Trustee of Advocate

Richard Wheeler has recently been appointed as a Trustee of Advocate. Advocate is The Bar's legal advice and representation charity. Advocate has recently launched a new online platform for it's volunteering scheme Bar in the Community. Click here to learn more and browse Bar in the Community's current opportunities.

Personal Injury and Clinical Negligence teams in recruitment drive  

3PB’s very successful and busy 40-strong, national team of personal injury and clinical negligence barristers are recruiting junior counsel (up to 10 years call experience) and 3rd six pupils, to join any of our six UK offices as well as in the North West. Applications from groups with a mix of experience led by more senior barristers are also welcome.

Meet the team

3PB covers the full range of Personal Injury claims including public liability, industrial disease, employers’ liability, armed forces, occupiers’ liability, transport, travel and RTA claims. We act both for employers and employees in relation to industrial accidents, industrial disease (including asbestos related and other respiratory diseases, carcinogens, noise induced hearing loss and work related upper limb disorders) assaults at work and claims involving psychological injury through harassment, bullying and stress at work.

3PB’s clinical negligence team offers specialist expertise across the
full spectrum of clinical negligence claims and related areas, including litigation against surgeons and hospital physicians, general practitioners, dental surgeons, nurses and midwives, other healthcare specialists and in claims involving related issues of defective implants, and other medical devices and blood and organ products.