Personal injury law newsletter out now - February 2022

Welcome to our first Personal Injury law newsletter of 2022

It certainly has been a busy few months, and I am not talking about all the alleged partying at Downing Street but, I am referring to the numerous cases recently reported and relevant to the law of Personal Injury & Clinical Negligence.

This newsletter analyses some of those cases and also includes guidance on the New Highway Code Provisions. Luke Ashby writes about the importance of considering whether a witness may be vulnerable when giving evidence and what steps are required in relation to a vulnerable witness. Finally, we report some of the group’s successes over the past few months to provide an indication of the breath of the work undertaken by Members of the Group.

Antonia Jameson returns to Chambers after 12-year absence

3PB Barristers are delighted to announce the return of Antonia Jameson (1999 call) to Chambers. Antonia specialises in personal injury, clinical negligence and inquests. She will again practice from 3PB’s Bournemouth office, but her caseload is covering the whole of the UK.

Personal Injury barrister Ellena James (nee Pearson) joins 3PB

Our team welcomed Ellena James (2015 call) in December. Ellena specialises in personal injury, inquests, clinical negligence claims and credit hire litigation, acting for both claimants and defendants.

Conor Mullan joins 3PB's Personal Injury and Clinical Negligence teams 

Conor Mullan (2003 call) joined 3PB in November. He will continue to specialise in personal injury, clinical negligence and inquests. A former criminal law barrister, he joins from another London set where he also built up a strong regulatory practice in health and safety and coronial law. He has been a longstanding panel-approved counsel for the insurance sector, conducting serious injury cases on
behalf of all the major insurers and their preferred defendant law firms.

Fundamental Dishonesty in the context of mTBI

Michelle Marnham analyses the case of Palmer v Mantas and Liverpool Victoria Insurance Company Limited, [2022] EWHC 90 (QB) in which High Court Judge Anthony Metzer QC rejected allegations of fundamental dishonesty, and reminded expert witnesses of their duties to the court and the need to adopt a balanced approach in their assessment of the claimant.

View Michelle's profile here

Changes to the Highway Code: changes to liability?

Following the update of the Highway Code on 29 January 2022, Tom Webb considers four of the most notable changes and their likely impact on liability decisions at trial.

View Tom's profile here

Vulnerable persons: the Court’s changing approach

Luke Ashby considers the changes that Courts and Tribunals are making to ensure that vulnerable people benefit from effective access to justice. Luke examines why the changes are needed and what practitioners in personal injury claims can do to be ready for them.

View Luke's profile here

Tylicki v Gibbons [2021] EWHC 3470 (QB) – not the thin end of the wedge 

Ellena James analyses Tylicki v Gibbons [2021] EWHC 3470 (QB) and provides a useful reminder of the principles to be applied in sports negligence cases as set out in the leading authority of Caldwell v Maguire [2001] EWCA Civ 1054.

View Ellena's profile here

A Court of Appeal decision on the boundaries of recoverability for secondary victims in “delayed trauma” cases

Gemma Ralph analyses the Court of Appeal’s decision in the conjoined appeals of Paul v The Royal Wolverhampton NHS Trust, Polmear v Royal Cornwall Hospitals NHS Trust & Purchase v Ahmed [2022] EWCA Civ 12 that no claim can be brought in respect of psychiatric injury caused by a separate horrific event removed in time from the original negligence, accident or a first horrific event.

View Gemma's profile here

Vicarious liability – employer not liable for an injury caused by a practical joke in the workplace

Michelle Marnham analyses Chell v Tarmac Cement and Lime Limited [2022] EWCA Civ 7, a case in which the CoA confirms that there is no general duty on employers to take steps to prevent practical jokes, malicious actions or other dangerous activities among their staff, where the facts do not suggest that particular injury risks exist.

View Michelle's profile here

Bear Grylls Survival Race case and injuries in organised leisure and sporting activities

Makhsudul Islam analyses the case of Harrison v Intuitive Business Consultants Limited (T/a Bear Grylls Survival Race) & Others [2021] EWHC 2396 (QB). The case concerned liability in respect of injuries arising from participation in the ‘‘Bear Grylls Survival Race’’.

View Makhsudul's profile here

Inquests and welfare benefits: the implications of Dove v HM Assistant Coroner 

Susan Jones reviews the recent decision in the case of Dove v HM Assistant Coroner for Teesside and Hartlepool [2021] EWHC 2511 (Admin). The case raises important issues concerning the UK’s substantive obligations under Article 2 of the European Convention on Human Rights (ECHR) in the context of welfare benefits.

View Susan's profile here

Michelle Marnham represents claimant in necropilia case

Michelle Marnham was recently instructed to represent Mrs Akande in respect of her claim against David Fuller & Tunbridge Wells NHS Trust for the sexual assault carried out by Mr Fuller on Mrs Akande’s daughters after they had tragically been killed in a road traffic accident.

Who should be responsible for accidents involving ‘self-driving cars’?

On 26 January 2021 the Law Commission of England and Wales and the Scottish Law Commission published a joint report recommending new laws to be implemented in respect of the regulations of Automated Vehicles. Noting that automated vehicles do not readily fit within current legal frameworks, the report distinguishes between ‘self-driving’ vehicles and technologies that assist the driver but which still require the driver’s attention, and recommends that the Company behind the driving system would be responsible, rather than the driver, for any accidents.

Luke Ashby wins six figure settlements in two personal injury cases

Luke Ashby has recently been instrumental in the settlement of two different life changing injury cases. Each followed high speed road traffic accidents which caused significant fractures and prolonged surgery.  Both claims settled for six figure sums of note.

Hamish Dunlop in £3.3M JSM settlement

Hamish Dunlop recently represented a Claimant who recovered £3.3M at JSM. Hamish’s client was a sub-contractor who was working on a building site and specifically tasked with dismantling an external lift shaft. He fell from height; some of the left equipment landed on top of him and he was rendered paraplegic. Liability was denied by the Defendants and settlement reached on a without prejudice basis.

Panorama reports on the recent increase in UK road accident deaths

The BBC's Panorama programme investigates the recent increase in road accident deaths in the UK and the likely causes of this.

Michelle Marnham secures a £2.2M settlement at JSM

Michelle Marnham recently represented a Claimant at a JSM, who had suffered a significant spinal cord injury and was unable to return to his pre-accident employment. Michelle secured a £2.2M settlement (gross settlement before deduction for contributory negligence).

Sunyana Sharma appointed an Assistant Coroner for Hampshire

3PB Barristers offers warmest congratulations to our colleague Sunyana Sharma who has been appointed an Assistant Coroner for Hampshire. Sunyana’s appointment is further recognition of her expertise in inquests and coronial law.

Golf day raises £14,000 for the Spinal Injuries Association

3PB’s specialist personal injury law team recently partnered with Markel UK, HCC Solicitors and SIA Case Management to organise a golf day to raise much needed £14,000 for the Spinal Injuries Association.

Parliament debates plans to introduce a policy to deal with the dangers and benefits of e-scooters

Parliament debated on Tuesday 8 February a question asked by Baroness Neville-Rolfe in relation to HMG's plans to introduce a comprehensive policy to deal with the dangers and benefits of e-scooters.

3PB Barrister David Kemeny wrote on the topic of electric scooters’ law and regulations earlier last year.

3PB congratulates Ellena James on her recent wedding 

Ellena James (nee Pearson) got married on 29 January 2022 at Ringwood Parish Church followed by a reception at Burley Manor.  A wonderful winter wedding and the sun even made an appearance!

Our congratulations to the happy couple!

London chambers to take part in June Legal Walk - Sponsor us if you can!!

Led by Henrietta Hughes, 3PB members and staff will take part in the 18th London Legal Walk on 28 June 2022, in support of The London Legal Support Trust, an independent charity that raises funds for free legal advice services in London and the South East through the provision of grant funding, supporting infrastructure, and helping agencies reduce costs and save money via pro bono or discounted schemes.

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.