the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

When "friends" are more than just electric...

As if being the “star” of an Oscar-winning film (The Social Network) was not enough, social networking website “Facebook” has now made an "appearance" in the Liverpool District Registry of the High Court. A decision of Andrew Edie QC, Locke v Stuart and AXA was concerned with what was (successfully) alleged by AXA to have been a staged road traffic accident. A not insignifi... [More]

"Oopsadaisy... I forgot": Late amendments and when simple prejudice is not enough

We are all familiar with this scenario.  A case has been in litigation for 12 months since issue and trial is imminent.  Try as you might, you cannot understand why the other side has advanced their case in a particular way, or overlooked an obvious cause of action or defence.  Then... a week before trial, or even at trial itself, the penny drops and a late application to amend is m... [More]

An End to Expert Shopping

The Court of Appeal gave judgment on 25 February 2011 in the case of Edwards-Tubb v J D Wetherspoon. Their judgment is likely to have substantial repercussions for litigants in personal injury cases.   The Court of Appeal held that should a claimant in a case falling within the personal injury pre-action protocol, obtain an  medical report which is unfavourable to them, this will ordina... [More]