Personal Injury Newsletter – June 2020

June 16, 2020

In the June 2020 edition of the personal injury newsletter:

Personal injury settlements continue apace as remote JSMs become the “new normal”
Since facilitating the very first JSM using video-link technology, our silks and juniors have acted on a range of cases – with an aggregate settlement value in excess of £70 million. In a special feature, Bill Braithwaite QC, Paul Kirtley, Simon Ross and James Kinsey examine the pros and cons of our ever-increasing reliance on technology.

Liability in tort for the actions of Third Party Contractors
Louis Browne QC discusses liability in tort with particular reference to the judgment in Barclays Bank Plc v. Various Claimants [2020] UKSC 13.

Unreasonable refusal to engage in ADR 
David Knifton QC considers unreasonable refusal to engage in ADR in personal injury cases and the potential implications of this.

Recent developments in Military Claims
In this article, Chris Barnes summarises a number of recent military cases of interest.

R (Carole Smith) v HM Assistant Coroner for North West Wales [2020] EWHC 781 (Admin)
Sara Sutherland provides a detailed summary of the recent High Court case R (Carole Smith) v HM Assistant Coroner for North West Wales [2020] EWHC 781 (Admin), in which she was instructed on behalf of the interested party.

Magee v Willmott: Skype appeals, relief from sanctions and getting your application right
Helen Rutherford discusses the recent High Court case of Magee v Willmott, heard by Mrs Justice Yip QC and conducted via Skype for Business.

Third Parties Rights against Insurers: A review and cautionary tales for claimants
With a Covid-19 induced recession on the horizon claimants may face an increased number of actions against insolvent tortfeasors. James Kinsey provides an overview of third party rights against an insurer of an insolvent tortfeasor and a selection of cautionary tales from a claimant perspective.

Brain injury rehabilitation driven to crisis-point by perfect Covid-19 storm
Brain injury rehabilitation has been driven to crisis point by a perfect Covid-19 storm – destroying NHS capacity and devastating third sector funding, according to a new report.

Update on Swift v Carpenter
Chris Barnes provides an update on the long-awaited appeal in Swift v Carpenter.