Personal injury law newsletter out now - June 2021

Welcome to June's newsletter

In this edition of the newsletter we announce some changes at the helm of the 3PB Personal Injury and Clinical Negligence team.

You will find this edition packed full with news, including the review of the Laura Booth inquest and Mark Lomas' representation of her parents; Sunyana Sharma's recent inquests training for Middle Temple and our recent involvement raising funds for Headway Salisbury and South Wiltshire. We consider Susan Jones' inquest into the death of a prisoner on remand and conclude our news section on a light-hearted note of music by inviting you to attend barrister Antonida Kocharova's opera production of César Cui's A Feast in Time of Plague with The Oxford Opera Society.

Analysis-wise, Susan Jones reviews the High Court case of King v Royal United Hospital Bath NHS Foundation Trust [2021] EWHC 1576 concerned with shocking and horrifying events, Dr Tagbo Ilozue considers non-party disclosure orders: the correct application of the test under CPR r.31.17(3) and David Kemeny reviews the regulatory regime concerning the use of electric scooters.

3PB appoints Michelle Marnham and Luke Ashby to lead its talented team

3PB Barristers are delighted to announce the appointment of Michelle Marnham to head its Personal Injury and Clinical Negligence Team. Michelle Marnham will be supported by Luke Ashby who becomes Deputy Head for the team. Chambers expresses its many thanks to Mark Lomas, who was instrumental in the team's development and passes on the baton to Michelle and Luke.

Long running inquest into the death of Laura Booth concluded

An inquest that saw solicitors instructed in early 2018 concluded that Laura Booth, a young woman who went in to the Royal Hallamshire Hospital in 2016 for a routine procedure, became unwell and developed malnutrition due to inadequate nutrition.

Mark Lomas, was instructed by David Evison of Anthony Collins to represent Laura Booth's parents.

Whiplash reforms: an end to "greedy opportunism"?

Hailed by the Lord Chancellor Robert Buckland as an “end to greedy opportunism”, the whiplash reforms in the Civil Liability Act that came into force on 31 May have not united all sides. Aimed at reducing the number of RTA claims with a value up to £5,000, the new Official Injury Claim portal has faced criticisms from those who hoped it would simplify the claim’s process, with claimants branding it “a sad day for justice”.

Sunyana Sharma delivers a beginners guide to inquests for Middle Temple

3PB specialist regulatory and inquest barrister Sunyana Sharma presented a webinar to Middle Temple Young Barristers’ Association (MYBTA) last week, giving a comprehensive
introduction to practising in the field of inquests followed by a Q&A session.

Hats4Headway virtual quiz raises over £1,000 for Headway

3PB’s personal injury and clinical negligence team partnered with Headway Salisbury and South Wiltshire for the second time this year to organise a virtual quiz in aid of the brain injuries charity. 55 attendees raised an amazing £1000.

Earlier in March, the 3PB team joined forces with Novum Law, Trethowans and Fawcetts to raise £1,500 during another quiz event for the charity. Well done to everyone involved.

Susan Jones in 5-week inquest after the death of a prisoner on remand

3PB specialist regulatory and inquests barrister Susan Jones acted for the Royal College of Nursing (RCN) to represent a registered mental health nurse in a 5-week, Article 2 and hybrid/partially-remote inquest. The inquest touching the death of a 46-year remand prisoner considered: complications arising from prescription medication, methods of requesting GP assessment, communication between prison and healthcare staff and the interaction of mental health issues on physical health care.

Ogden Tables updated to reflect the change of rate of return

The 8th edition of the Ogden Tables has been updated by the Government's Actuary Department on 27th May 2021, in light of Northern Ireland setting the discount rate at -1.75%.

3PB court of protection specialist Antonida Kocharova to star in Opera production

3PB court of protection barrister Antonida Kocharova has produced a filmed production of César Cui's A Feast in Time of Plague with The Oxford Opera Society. The one-hour film, in which Antonida also performs, is deeply relevant to the experiences we have all been through over the last year. It will premier at 7.30pm this Saturday 26th June, and will be available online for two months here.  Bravo Antonida!

Event witnessed by father was not objectively shocking and horrifying

Susan Jones analyses the High Court case of King v Royal United Hospital Bath NHS Foundation Trust [2021] EWHC 1576 in which practitioners are reminded that the threshold for a shocking event is strictly objective in secondary victim claims. The judgment also provides a helpful insight into how damages would have been assessed for an actor who it was claimed was on the verge of a “big break".

Non-party disclosure orders: the correct application of the test under CPR r.31.17(3)

Dr Tagbo Ilozue summarises Sparkes v London Pension Funds Authority and Leigh Academies Trust [2021] EWHC 1265 (QB), in which Murray J set aside a Master’s Order dismissing an application for non-party disclosure in a fatal mesothelioma claim. The Court saw fit to interfere with the Master’s broad case management discretion because he was wrong in his application of the test to the relevant facts, took into account

irrelevant factors, gave insufficient weight to relevant factors, and failed to balance the relevant factors fairly in the scale.

Electric scooters: a brief synopsis of the current regulatory regime

Pupil barrister David Kemeny reviews the regulatory regime concerning the use of electric scooters, in light of their growing popularity and the increasing number of trials taking place in the UK, from Truro to Teeside and Copeland to Canterbury.

View David's profile here

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.