piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Retiring gracefully ... and gradually?

Most personal injury lawyers think a lot about retirement. This can be their own, in my case usually when grappling with costs budgets, but is more likely to be that of the party whose claim they are advancing or opposing. The date of retirement is crucial to the value of a loss of earnings claim.   Most personal injury schedules claim full time working to age 68 or even 70. Most counter... [More]

The global scope of employer's liability

    It is trite law that an employer’s duty to its employees is non-delegable. The duty is to take reasonable care to see that the employee is not exposed to unnecessary risk. In the vast majority of cases, the scope and content of this duty will be easy to define, since the accident will have occurred on premises owned or controlled by the Defendant. In perhaps a minority of case... [More]

Holding out for the Heroism Bill

The Social Action, Responsibility and Heroism Bill (dubbed by some the “Sarah Bill”) is being returned to the House of Commons, with amendments, following its final reading in the House of Lords on 6 January 2015. The much-maligned and exceptionally brief Bill seeks to introduce a requirement that courts deciding negligence and/or breach of statutory duty cases and in determining the s... [More]

Railing against expanding highway authorities' duties of care

  There is a very useful discussion in the recent case of Foulds v Devon County Council about the nature of a highway authority’s common law duty to road users.   The issue in the case was whether a highways authority had assumed a common law duty of care to road users in respect of railings erected on a low wall between the highway and a steep drop. A cyclist lost control and... [More]

A prediction for 2015: costs budgeting is doomed

With the new year come predictions as to what will happen in 2015. Tom Standage of the Economist predicts that our smart phones will become smarter with the use of anticipatory or predictive intelligence - our phones may suggest we leave earlier for a dinner date if the traffic is bad or offer sending a message to other participants if we are late for meetings. Paul Lee of Deloittes predicts drone... [More]

Application of Procedural Rules and Litigants-in-Person

There can be little doubt that modern litigation involves the increased presence of people representing themselves in court. Particularly amongst some kindlier judges (in all courts) there could be said frequently to be a culture of benevolence towards such litigants-in-person when it comes to non-compliance with the Civil Procedure Rules and other procedural rules.   This can lead to si... [More]

Prosecution of PI Fraud

Any regular reader of the PIBlawg will be aware that I have an interest in fraudulent personal injury claims, being involved as I am in numerous cases where a vast range of fraud is alleged by Defendant parties (also see http://bit.ly/1vRcuWT; http://bit.ly/1znwXHI; http://bit.ly/1GokHKm).   In recent years there appears to have been a change in culture of insurers, who are far more prep... [More]

Rome II and the Law of the Tort

Those with an interest in the Rome II Regulation (there must be someone else out there) may already be familiar with the recent decision of Slade J in Winrow v Hemphill & Anor. [2014] EWHC 3164 (QB). This short piece focuses on one aspect of the judgment. First, however, a quick recap. The claim arose out of a road traffic accident in Germany in November 2009. The Claimant was a UK national, d... [More]

Compensating an injured foetus - the CA's decision

Can a child make a claim to the Criminal Injuries Compensation Authority in circumstances where it has been injured by its mother’s excessive alcohol consumption during pregnancy? What duty of care is owed by a mother to her unborn child? The Court of Appeal has ruled* that a child could not claim compensation from the CICA. It was not disputed that the child suffered from an injur... [More]

Whiplash and fraudulent claims

The justice secretary spoke to the Association of British Insurers yesterday telling them about the new panels of medical experts in whiplash claims, reported The Times today. The government’s plans for such panels have long been known about but he announced that accredited experts would be allocated randomly to cases going through the Portal. He said there was an expectation that there woul... [More]