the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Chartwell Estate Agents and the Mitchell decision

Having delivered and attended several post Mitchell case updates, one recent decision that surprised and interested me (in the context of other post Mitchell decisions) was Chartwell Estate Agents Ltd v (1) Fergies Properties SA and Another [2014] EWHC 438. This decision was appealed and the Court of Appeal’s decision appeared on Lawtel last week. So why did I find the first instance deci... [More]

Fall in the number of Small Claims - a trend set to continue?

It was widely reported last week that the number of small claims hearings has dropped by over 50 per cent in the last five years. Figures have been reported showing there were 29,577 hearings in 2013 compared to 53,248 in 2007.   A well-known consortium of about 100 solicitors’ firms has suggested that the reason for the drop in claims is due to the process becoming more expensive ... [More]

Occupiers rights........

The National Press seem to enjoy the facts of a personal injury claim, decided last week in the High Court by John Leighton-Williams QC, sitting as a Deputy High Court Judge. The case was Lisa Driver v Roman Painted House Trust and Dover City Council. It arose from a night out in July 2007, where Mrs Driver had sometime after midnight fallen down a 20 foot embankment which lay behind a three foot ... [More]

The real cost of litigants in person

  We all know the stereotype of a litigant in person: they turn up at court with numerous carrier bags filled with copious quantities of irrelevant documents heavily annotated in green ink. The parties in Mole v Hunter [2014] EWHC 658 (QB), both litigants in person, did not conform to that stereotype. In the words of Tugendhat J they “presented their cases to me with care and restraint&... [More]

Costs Budgets and Unallocated Part 8 Claims issued before 22 April 2014

Some further clarity as to when to file costs budgets can be gleaned from the decision of Mr Justice Hickenbottom in the case of Kershaw v Roberts & Anor  [2014] EWHC 1037 (Ch). Here it was argued on appeal from the county court that the first directions hearing in a Part 8 Claim should be treated as the “first CMC” for the purposes of CPR 3.12-14 and thus costs budgets must b... [More]

Vicarious liability for associate or locum clinicians: Whetstone v Medical Protection Society Ltd

The question of whether practice partners or principals are vicariously liable for negligent treatment provided by associates or locums is one which has frequently exercised the medical defence organisations in recent years.  The issue ought to be academic, because such associates or locums are usually required, under the arrangements made with a practice, to have cover with one of the recogn... [More]

McDonalds Coffee case - round two

Many of us will be familiar with the much ridiculed but ultimately successful 1994 McDonalds coffee claim made in America. For those who do not know the facts of that case the Claimant suffered third degree burns to her legs due to a McDonald’s coffee that they claimed was excessively hot and which was due to a failure to adequately label the coffee cup. The Claimant... [More]