the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

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  Her family, with nothing other than her best interests at heart, wished for her life supporting treatment to be withdrawn.  Mr Justice Baker decided that the treatment should not be withdrawn.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]


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]

Hangover Part II and the EU (Council) Regulation 44/2001

Those of you familiar with the work of Kieslowski and Bergman might have missed “The Hangover II”. It is part of a sub-genre of American comedy that, perhaps, also includes critically under-rated offerings like “Porky’s” and “Bachelor Party” (the latter being the sort of thing Tom Hanks got up to before he started to win Academy Awards). I confess tha... [More]

Conflicts of law: Just when you thought it was safe to go back into the water…

Those personal injury practitioners who have had to grapple with the question of which law to apply to an accident which occurred abroad are bound to be aware of the vexed issue surrounding ‘the temporal scope of Rome II’. Rome II (the universal name given to EC Reg 864/2007) was intended to usher in a new era of simplicity and uniformity in this field, making it as easy as possib... [More]

The Legal Aid Bill ploughs on....

Clinical negligence lawyers will be fully aware that the Legal Aid Bill proposes to reverse the position under the Access to Justice Act 1999, whereby civil legal aid is available for any matter not specifically excluded. The Bill takes some types of case out of scope for legal aid funding and provides that cases would not be eligible for funding unless of a type specified in the Bill. It suffices... [More]