piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Rugby and the Standard of Care in Field Games

Wales is battling Australia in the Rugby World Cup third place play-off as I type; accordingly it is fitting that our thoughts turn to rugby. Yesterday the Court of Appeal considered the case of Jack Sutton who was injured as a teenager when training with Syston Rugby Football Club.  As he dropped to the ground in training his knee connected with a plastic object, found to be a broken crick... [More]

EXPERTS: BUY ONE GET ONE FREE?

In an earlier post on piBlawg – “An End to Expert Shopping” – Thomas Crockett discussed the likely impact of Edwards-Tubb v JD Wetherspoon PLC [2011] EWCA Civ 136.    In Edwards-Tubb it was held that a claimant who obtains a medical report from an expert (A), but chooses, for whatever reason, not to rely on it and applies, instead, for permission to rely on anoth... [More]

Oggy! Oggy! Oggy! …

The new edition of the Ogden Tables (Ogden 7) was released yesterday (10 October 2011) by the Government Actuary’s Department (GAD) The previous Tables (Ogden 6) were published in March 2007 and contained multipliers based on projected mortality rates derived from the 2004 based population data sets and projections for the UK published in October 2005 by the Office for National Statistics (O... [More]

More lies and exaggeration....

  Since the birth of the piBlawg a number of posts have related to fraud and an apparent increase in applications for committal following findings of exaggeration and fraud. Continuing with the theme, the case of Lane v Shah [2011] was reported on Lawtel on Wednesday 5 October 2011. The First Respondent (the Claimant in the underlying action) had sought damages for personal injurie... [More]

Another rear-end shunt...

      What more could possibly be said about non-fraudulent rear end shunts? After just over a century of the motorcar the answer is almost certainly very little. You will therefore be relieved to hear that the case of Steadman does not break new ground but there are some helpful judicial comments. The case involved the number 49 bus on the one hand and a Ferrari on the other; a bus... [More]

Tesco Law has arrived

From today, non-lawyers will be able to invest in and own legal businesses for the first time.   Banks, supermarkets and other entities will be able to offer the services of a lawyer alongside their groceries and cash machines.   Although dubbed Tesco Law by some, there has been no confirmation that Tesco will be entering this market.  Yet.  The Co... [More]

Champion curry chomping: an opportunity to revisit disclaimers?

The Scottish Ambulance Service was understandably a bit miffed when its Saturday afternoon was interrupted by a call from the Kismot curry house, requiring transport to hospital for two participants in its Kismot Killer curry eating competition.  A charitable endeavour, raising money for a children's charity, the aims of the competition were undeniably noble.    An American student... [More]

Minimal consciousness and the right to die

Last week Mr Justice Baker was tasked with tackling the agonising decision of whether a brain damaged, minimally conscious, woman should be allowed to die.  Her family, with nothing other than her best interests at heart, wished for her life supporting treatment to be withdrawn.  Mr Justice Baker decided that the treatment should not be withdrawn. In doing so he went some way to cla... [More]

SUN, SAND AND SPANISH LIMITATION PERIODS

Kershaw v (1) Carey (2) Banco Vitalicio de Espana [2011] September. HHJ Armitage QC (Manchester CC) This claim was brought by the Claimant in the Manchester County Court. It arose out of a rather unusual road traffic accident in Puerto Banus. The Claimant and the First Defendant were both British nationals and were domiciled in England/Wales. The Claimant was a retired lady. The First Defendant w... [More]

What's the limit?

The Court of Appeal’s recent decision in Sir Robert Lloyd & Co v Hoey [2011] EWCA Civ 1060 is a very useful reference point for how the courts should approach the “date of knowledge” under Section 14 of the Limitation Act. C had been exposed to asbestos in the course of his employment. He developed serious lung problems, caused to a large extent from pleural thickening result... [More]