the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Relief from sanctions – le plus ça change?

As noted in previous blog entries, post April judges have been encouraged to take a much firmer line with applications for relief from sanctions – see for example Venulum Property Investments Ltd v Space Architecture Ltd [2013[ EWHC 1242 (TCC); Thevarajah and others v Riordan and others (9/08/13). However, Rayyan Al Iraq Co Ltd v Trans Victory Marine Inc (23/8/13) provides a useful counter... [More]

Further Guidance as to Litigants in Person?

Since the judgment of the Court of Appeal in the case of Tinkler v Elliott, there have been a number of decisions in the High Court and Court of Appeal which proffer guidance for the practitioner as to the treatment of litigants in person. In a recent article for the Commercial Litigation Journal, Thomas Crockett of 1 Chancery Lane reviews these decisions in light of the recent publication by th... [More]

Crash for Cash fraud justifies imprisonment

The Criminal Division of the Court of Appeal yesterday upheld a 15-month prison sentence for a personal injury fraudster involved in a staged accident.  The Defendant had been a member of a gang carrying out multiple staged RTAs claiming modest sums for alleged whiplash injuries.  The ringleader had already been sentenced to 7 years’ imprisonment for the wider conspiracy.  ... [More]

A topsy-turvy world: foreign accidents, jurisdiction and Australian law

  Stylianou v Toyoshima (1) Suncorp Insurance (2) (2013) EWHC 2188 (QB) is the latest in a line of cases addressing the thorny issue of the English court's jurisdiction over accidents abroad. The facts read like a conflict of laws exam question: an English Claimant was injured by a Japanese defendant whilst on Holiday in Australia. The Defendant was insured by an Australian insurer: Suncorp.... [More]

The Same Deep Water As Me

Personal Injury, one party on a CFA, a staged accident, the Luton County Court - not obvious material for a play in the West End. Nick Payne has been given a Four Star review by the Guardian's Michael Billington for his play 'The Same Deep Water As Me' which is running at the Donmar Warehouse in London. He describes it as 'a sharply observant social comedy about the exponential growth of a compens... [More]

CPR 3.14 - How Explicit and Draconian?

The notes in the White Book below Civil Procedure Rule 3.14 suggests the “rule is explicit and the consequences of failure to comply Draconian”. The rule itself provides that “Unless the court otherwise orders, any party which fails to file a budget despite being required to do so will be treated as having filed a budget comprising only the applicable court fees.” It ... [More]

CPRwatch: relief from sanctions

Does the original checklist under rule 3.9 (relief from sanctions) have any role now? That question was considered by Hildyard J in Thevarajah v Riordan (9th August 2013, unreported). The Claimant sought to strike out the Defendant’s Defence for failure to comply with an unless order in relation to disclosure. The Defendant sought relief from sanctions under CPR r. 3.9. The Defendant ad... [More]

No liability for kart accident: duties of care & vicarious liability

In an interesting survey of the principles giving rise to duties of care and vicarious liability, Mrs Justice Swift has handed down a liability judgment in a catastrophic injury case brought against various categories of defendant.  The claimant was injured when her scarf got caught up in the rear axle of a 4-stroke engine go-kart.  She had been one of a party of six friends in their twe... [More]