the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

'Plebgate', budgets, relief from sanctions and a new kind of justice

The Court of Appeal have now finally had their say on the Jackson Reforms: "...we hope that our decision will send out a clear message". The message is that a "new more robust approach..." has arrived. Failure to file a costs budget in time will result in parties being "treated as having filed a budget comprising only the applicable court fees" and relief from sanctions will only be gran... [More]

Can a Defendant be required to disclose information about its insurance position? A recent decision with a sting in the tail

Any practitioner who has had to grapple with the issue posed in the title to this article will have come to realise that there are two conflicting decisions on the point.       In Harcourt v Griffin (2007) EWHC 1500 (QB), liability was admitted in a multi-million pound personal injury claim. The claimants expressed doubts about the wealth of the Defendants and made a request unde... [More]

Accidents at sea: the limitation traps for claimants and defendants

The Athens Convention is notorious for catching out PI practitioners with its current two year limitation period* for accidents at sea. Indeed the few reported cases on it are mainly concerned with whether it is possible to extend time (Higham v Stena) or whether a cause of action exists outside the Convention (Norfolk v My Travel) – both resulted from a failure to issue in time. Judgment is... [More]

Fraudlent claims and contempt of court: if you can't do the time ...

  Regular readers of this blog will have come across several posts dealing with allegations of fraud or exaggeration.  Indeed, allegedly fraudulent accidents appear to be occupying an ever increasing proportion of the court’s time.  The recent decision of Spencer J in Homes for Haringey v Barbara Fari and Piper Fari therefore serves as a stark and welcome warning to any buddin... [More]

Lest we Forget (our senses)

Personal injury law has a poor image in the eyes of the general public. For many reasons of course, this is unfair. Often it is the overreactions of various (frequently Public Sector) organisations who utterly overreact to potential alleged “health and safety risks”. Examples are legion: conkers in schools, blu-tac on walls and Christmas decorations are all subjects of recent media hyp... [More]

Causation and catastrophic injury: when a late report really is too late

At 2am on 26 January 2006 Jonathan Boyle was at a bus stop on Grove Road in East London with a friend.  They had been out that evening and had been drinking.  At the same time a police car was being driven south along the road on the way to deal with a pub fight, although not being driven with lights or siren or in any sort of hurry.  The driver was travelling at about 33 miles per ... [More]

Holiday claims – Hotel structure – Local standards and how these are determined

The Court of Appeal handed down judgment today in the landmark case of Japp v Virgin Holidays [2013] EWCA Civ 1371, dismissing the Defendant’s appeal and upholding the first instance finding of liability. This is now the most authoritative decision on local standards for structural features of hotels in holiday claims. Andrew Spencer represented the Claimant and Sarah Prager the Defendant. ... [More]

A defendant's nightmare?

  A Defendant’s Nightmare?   Sarah Davison would normally get to her desk by 6 a.m., work for twelve hours and often head out thereafter to meet and entertain clients. Sleep felt like it was secondary to achievement. She worked in a macho environment and her boss was a man who, in the words of Andrews J, “does not suffer fools gladly, or indeed at all”. But Mrs Dav... [More]

Detailed Assessment of Costs after Summary Assessment

The usual rule in many cases is that costs are summarily assessed by the judge at the conclusion of the trial or hearing. Often, however, proceedings run late and there is not time to give an ex tempore judgment, let alone deal with the issue of costs. Likewise, summary assessment may not be possible where there has been some failure to provide relevant information to allow it to take place. &nb... [More]