the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Limitation comfort for Local Authorities

A deputy high court judge(Nigel Wilkinson QC) has declined to exercise his discretion under s33 of the Limitation Act 1980 to dis-apply the limitation period in a case where the claimant alleged social services should have taken her into care in the 1970s. Although all the social service records were available, the defendant was prejudiced by the inability to locate and obtain evidence from w... [More]

A seasonal warning to Santa: the dangers of an over-worked elf!

Yesterday the Court of Appeal considered an important issue of 'elf and safety' and gave judgment against Father Christmas (and his elf) in the festive case of Dufosse v Melbry Events Ltd. The Defendant, M, was contracted by a department store to run its Santa's grotto.  Mrs Dufosse suffered injury when she tripped on a plastic tree decoration shaped like an icicle that had fallen to the flo... [More]

Celtic compensation for pleural plaques

Asbestos-related pleural plaques are deemed actionable as personal injuries meriting damages from today in Northern Ireland.  And in Scotland, a challenge to the legislation allowing such compensation in Scottish cases has failed.    These 2 developments have occurred courtesy of the Damages (Asbestos-related Conditions) Act (Northern Ireland) 2011 (effective 14.12.11) and the Supr... [More]

Health and Safety Gone Mad!

The Coalition Government took power promising to free UK business from the straitjacket of EU-inspired regulation. The so-called “6 pack” regulations which provide the framework for the law of employers’ liability in the field of personal injury have long been criticised by certain sections of the press (if you search online for “compensation  culture” or “... [More]

Motorist’s duty to make way for crazy drivers?

A High Court judge has just heard a road traffic accident case in which a driver responsible for an admittedly dangerous overtaking manoeuvre sought to blame the driver of the car she was overtaking for not “letting her in”, so contributing to the accident.    In Pykett v Clement [2011] EWHC 2925 (QB) Ms Clement persisted in two sustained attempts to overtake Mr Pykett along... [More]

Snow Joke

Meteorologists and the newspapers have been telling us since the summer to expect another harsh and dramatic winter.  Demand for 4x4 vehicles has increased accordingly and the Government has taken steps to increase the supply of highway grit.  But so far we’ve had a record-breakingly warm October, an unseasonably mild November, and far from any snow there has been a warning of drou... [More]

Another year, another health & safety report…

Last October Lord Young of Graffham delivered his report, “Common Sense, Common Safety” to the Government.  It made a host of recommendations for sweeping away bureaucratic health & safety impediments to normal commercial activity and everyday life.    This week another report has been delivered to Government on a similar topic: “Reclaiming health and safety f... [More]

Government U Turn on the office of Chief Coroner

Those of you who have any regular involvement in or contact with the coronial process will no doubt have shared my sinking feeling when it was announced during the bonfire of the quangos that the office of Chief Coroner was not going to be implemented.  I was surprised and pleased to see that yesterday Ken Clarke announced a u-turn on this issue, although in limited form. The background to t... [More]


The 2011 Annual Survey of Hours and Earnings (ASHE) Provisional Results were released yesterday (23 November 2011) by the Office for National Statistics. http://www.ons.gov.uk/ons/rel/ashe/annual-survey-of-hours-and-earnings/ashe-results-2011/ashe-statistical-bulletin-2011.html ASHE provides information about the levels, distribution and make-up of earnings and hours worked for employees in all in... [More]

A Good Winter for the Amateur Pothole Hunter?

The Sunday Times’ motoring supplement yesterday contained a cheery article entitled “Brace yourself for a winter of holey hell”. It was of course referring to what appear to be fast becoming a national obsession among many – potholes!   The article referred to the findings of an “army of amateur pothole hunters” recruited by the AA. (Perhaps this is seen as... [More]