the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

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]

Referral Fees to be Banned

  The Government has today announced that it will ban referral fees in personal injury claims. Just a week ago I published an article on the Butterworths Public Injury Law Forum (http://www.personalinjurylawgroup.co.uk/index.php?/Opinion/the-insurance-industrys-dirty-secret.html) setting out the criticisms made of referral fees and the proposals for reform.  Lord Justice Jackson recommen... [More]

RSA Repair Costs - an end to the saga?

There has been a significant and until now unpublicised development in the long-running line of case concerning inflated repair costs claimed by RSA.   Well, as the judgment is on BAILII and publicised on the Judiciary Website, this is not quite an exclusive, but it is close!   Judgment was handed down in Kevin Fallows v Harkers Transport on Friday 2 September 2011. It came to my attent... [More]

"Of course I'm sure: I remember it like it was yesterday" - Vagaries of Recollection and the Problem with Witness Evidence

The scenario is common during any trial: two witnesses give evidence who were both present at a particular event but whose recollection about what was said or what they saw is so completely at odds one wonders whether they witnessed the same thing.  Whether it is a dispute between a claimant and a doctor about what was said during a consultation, the drivers of two cars that have collided abo... [More]

A Rare Bird: the Lesser-Spotted Section 5 of the Occupiers' Liability Act 1957

Personal injury lawyers know all about the 1957 Act (“OLA”). In fact, along with the Highways Act 1980, it is probably one of statutes we deal with most often outside of an employer’s liability context. It is a short Act, with just three substantive sections, and it’s been on the statute book for over half a century. So it’s odd, perhaps, that in that time only two ca... [More]

The Latest Issue in RTA Litigation – Inflated Repair Costs

Many readers will be aware of the recent dispute over allegedly inflated subrogated motor repair costs claimed by Royal Sun Alliance and other insurers in road traffic accident claims. For those of you not familiar with it, there are a number of claims going through the courts this year in which insurers have submitted Breakdown of Invoiced Costs (“BIC”) documents as evidence of the re... [More]

Time for making your mind up

It was a hot Friday afternoon following a road traffic accident trial and as I walked back to the train station why was it that Bucks Fizz “Making your Mind Up” was playing in my head? Two reasons: 1. It’s usually poptastic, but very uncool songs that stick in my mind the longest; the Vengaboys is another example. Oh dear.  2. There had come a time for the judge to make his ... [More]