the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Clinical Negligence Claims against the NHS Up 30%

The NHSLA published its annual report on 4 August 2011. Last year: (a)    it faced 8,655 clinical negligence claims, an increase from 6,652 the year before (up about 30.11%); (b)   of those,  5,398 cases were settled with only about 4% being resolved by litigation; and (c)    it paid out £729,100,000 pursuant to these, which was an increase from &... [More]

The Way to Slay the Bogeyman?

One is forever hearing about ludicrous people taking the collective moral panic of “health and safety” to ludicrous extremes. Children being made to wear safety glasses to play conkers in the playground, and the Mayor of Maidstone having her mayoral flag removed from her car on the ground that it constituted a distraction to other drivers, are but two examples which spring to mind. &nb... [More]

Is the ECR project heading for the dustbin?

The Commons Public Accounts Committee has deemed the Government’s plans for NHS Electronic Care Records (“ECR”) was “unworkable" and the government should scrap the project. To many, especially those with an ear to the ground within the NHS, this comes as no surprise. To many others the fact that it would mean that some £2.7 Billion will be wasted is still less of a s... [More]

Ski, Riding and Now... Cycle Helmets

In my recurring theme as to contributory negligence and protective headwear (not to mention my citing of the most authoritative legal sources – this time “The Metro” 29 July 2011), there is a corpus of medical opinion which advises against making cycling helmets compulsory. This is on the grounds that such a law is likely to decrease cycling activity and that it is “inconcl... [More]

Simply a Fruitful Source of Gainful Employment?

  Some avid readers have read a recent article in the Solicitors Journal entitled “Judge condemns 'forum shopping' by claimant personal injury lawyers”. In this article a Romford-ian circuit judge is referenced as being “deeply troubled” as to what he appeared to perceive to be PI lawyers attempting to “boost costs” in a recent case before him. The judge ma... [More]

Slip Slidin' Away - Geary v JD Wetherspoon Plc

In November 1977 Paul Simon released his “Greatest Hits” album. It included two new tracks one of which was the smooth ballad, “Slip Slidin' Away”. Fifty years earlier in The Carlgarth [1927] P93 Scrutton L.J. had a different form of sliding in mind when he famously illustrated how the law has always distinguished between the duties owed by occupiers to lawful visitors to ... [More]

Beware falling branches! Micklewright judgment in Court of Appeal

The Court of Appeal (Mummery LJ, Patten LJ and Hedley J) gave judgment today in the case of Micklewright v Surrey County Council [2011] EWCA Civ 922. The Claimant’s appeal was dismissed. The claim concerned a tragic fatal accident when a large oak tree branch fell on Christopher Imison (deceased) whilst he was unloading his bicycle from the family car on a road in Windsor Great Park. The t... [More]

Careful drivers wanted....!

Following the decision of the European Court of Justice in Association belge des Consommateurs Test-Achats ASBL v Conseil des ministres - C-236/09 [2011] All ER (D) 07 (Mar); [2011] Lloyd's Rep IR 296; [2011] NLJR 363 which declared unlawful the practice by insurers of using gender to determine the price of motor insurance, claims for additional motor insurance costs in schedules will need to be r... [More]

Mind that child

Two days ago the Court of Appeal handed down judgment in O'Connor v. Stuttard [2011] EWCA Civ 829.  A group of young children was playing in a quiet street in Oldham, which was in essence a short cul de sac.  D drove into the street, which he knew well, at about 10 mph in a low gear, saw the children on the right hand side of the road and so moved "abnormally close" t... [More]

How to make Lord Sugar "give up and emigrate" - back pain in the workplace

Love it or loathe it, the Apprentice is a televisual phenomenon that is difficult to avoid.  I have found myself sucked into this series and was very pleased last night to find the final scheduled as an amusing end to the weekend.  Lord Sugar and his accolytes enjoyed tearing strips off the hapless four finalists.  With business plans laying their limitations bare this was rather ak... [More]