the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

ECJ clarifies the actionability of the Denied Boarding Regulations

  In McDonagh v Ryanair (C-12/11) the European Court of Justice concluded that Ryanair were not entitled to treat the Icelandic Ash Cloud as a situation of ‘super-extraordinary circumstances’, thereby entitling them not to provide any care and assistance at all to their passengers under Article 9 of EC Regulation 261/2004.       However, before the Court was able e... [More]

The Rolls Royce of hire claims...

  This is the latest round in the Court of Appeal in the battle over car hire (Singh v Yaqubi [2013] EWCA Civ 23). The rear door of Mr Singh’s Roller was dented in a road traffic accident. The car took 54 days to repair and the hire bill claimed from the defendant was £92,953.90. Mr Singh was in partnership with Mr Thakrar in a property development business and the Rolls Royce was... [More]

STOP PRESS: Ministry of Justice publishes final DBA and success fee cap regulations

The Ministry of Justice has published two draft statutory instruments that will come into force on April 1, 2013, which deal with: damages-based agreements (DBAs); and the 25 per cent cap on the success fee lawyers can take from personal injury clients' damages, excluding those for future care and loss. For the CFA Regulations click on this link: http://www.legislation.gov.uk/ukdsi/2013/9780111533... [More]


Monday passed (21 January) is officially recognised as the most depressing day in the year. And so, it was something of a distraction to the surrounding doom and gloom to read Swift J most recent judgment in the personal injury case of Ayres v Odedra [2012] EWHC 40 (QB). Those of you who read this blog regularly will know that Swift J’s decisions have been the subject of a number of postings... [More]

Insinuation, allegations and the pleading of fraud.

To sustain a pleading of fraud there must be “reasonably credible material which as it stands establishes a prima facie case of fraud” (see Bar Code of Conduct at Paragraph 704(c)), but what happens if a Defendant’s concerns fall short of the requisite standard? The answer, according to Lord Justice Davis, is not to, as many Defendants have done in recent years, simply to recite a number of mat... [More]

Empire state of mind

Local Authorities in England and Wales can often be heard to exclaim their frustration at the number of claims brought each year in respect of tripping accidents on the highway. Such claims have contributed, in part at least, to the perception of a litigation culture which is spiraling out of control.   But take a moment to consider the position across the other side of the Atlantic, New York... [More]

GPS-Guided Gritting

As England and Wales appears – at least thus far – to have escaped the much-forecasted “exceptionally hard” winter, there may not be a huge number of 2012 cases pursued in the courts relating to inappropriate winter maintenance by highways authorities. However a future consideration in such cases may relate to the adequacy and suitability of the gritting machines themselves... [More]