the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

“Safe sex” – Part 2

Regular readers will recall the story so far in relation to this unfortunate “on the job” injury which raises important questions about activities which can properly be said to arise out of or occur in the course of employment.    The appellant, a female public servant, sued the Australian federal government after being injured while having sex on a work trip in a motel b... [More]

Backlash to whiplash? Consultation on Whiplash Claims

The MOJ yesterday opened consultation on proposals aimed at reducing the number and cost of whiplash claims. In terms of the number of claims, the MOJ has cited research indicating that 70% of road traffic accident personal injury claims in the UK were related to whiplash, whereas the equivalent figures were 47% in Germany, 32% in Spain and 3% in France (http://www.justice.gov.uk/news/press-relea... [More]

Welly Wanging 2

Some of you may remember an earlier post of mine relating to a preliminary application in the case of Blair-Ford v CRS Adventures Ltd (http://www.piblawg.co.uk/post/2012/06/27/Warning-Low-Flying-Wellies-!.aspx) The claim was brought by Mr Blair-Ford after he suffered catastrophic injuries whilst welly wanging at a mini-Olympics event run by the Defendant company. Unfortunately for the Claimant Mr... [More]

Can we really blame the Americans?

  Can we really blame the Americans? Some in the media and our society have blamed our compensation culture on the Americans. An article in the Guardian online questioned this referring to analysis carried out by Aviva on claims going back to the 1860s. Is it really the litigious Americans who are responsible for our modern compensation culture when… ·    &nb... [More]

Snails, Soft Drinks and Dissolving Rodents

Every law student who has sat through their first lecture on tort law is likely to come away remembering something about a Mrs Donoghue. She of course went to a cafe in Paisley and ordered a bottle of ginger beer to drink with an ice cream. As she poured out some of the drink, she alleged she found the remains of a decomposed snail. The rest is – as they say – history, as Lord Atkin pr... [More]

Britons have the weakest necks in Europe…

  ‘Myth or fact?’ asks a report produced by APIL entitled ‘The Whiplash Report 2012’. The report is on APIL’s website and aims to debunk the myths being peddled in the debate surrounding claims for whiplash injuries. APIL has come to slay the dragon of ‘hyperbole’ and ‘hysteria’ surrounding the subject of whiplash. Our brave knight has tak... [More]