piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

TURKEY VOTING FOR CHRISTMAS?

We are told that motor insurance premiums are at an all time high because of small value personal injury claims and an increase in fraud.  Inevitably the press blame the legal profession and politicians jump on the bandwagon and blame lawyers using CFAs, a means of access to justice which they suddenly forget was introduced by them.  What they also conveniently forget is that lawyers hav... [More]

Artists and events companies beware

The High Court today found a Liverpool events company to blame for the Dreamspace tragedy. Foskett J has found Brouhaha International Limited 55% to blame for the incident which saw a large, tent like, inflatable art structure designed by artist Maurice Agis take off in July 2006, killing 2 and injurying many more. The finding was made in contribution proceedings brought by Chester-le-St... [More]

A Riding Hat? Not on Our Nelly!

On 23 February of this year I wrote an article on the Piblawg regarding Mayor Boris Johnson’s distain for ski helmets and considered the implications for claimants not wearing safety equipment which is entirely optional and contributory negligence (see: A Ski Helmet? – Not on your Nelly).   Well, some similar controversy has been sparked from an unlikely source – the launch ... [More]

Exaggerate and risk indemnity costs

In Desai vs North Essex Partnership NHS Foundation Trust [8MA25049; Judgment 19th April 2011, trial 14th February 2011; HHJ Knight QC; Central London County Court) the Court found that exaggeration of a claim could leave a claimant open to an award of indemnity costs against her. Mrs Desai had an incident at work on 28th December 2005 in an NHS psychiatric ward. More...

We are the Village Green Preservation Society, God save Donald Duck, Vaudeville and Variety

The village of East Dean nestles in a fold of the South Downs. It has a duck pond (in fact, several duck ponds), a forge and an excellent pub: the Tiger Inn. It also has a village green. East Dean is a traditional sort of place. It is the home of Summer Fetes, the Women’s Institute and the Royal British Legion. Jam making and Morris dancing are practically compulsory. Most years a maypole is... [More]

Secondary Wrongdoers

Forget primary and secondary victims.  Are we losing sight of who is really responsible for unhappy incidents that befall claimants in the rush to find a secondary wrongdoer who is more likely to be insured or capable of being publicly admonished?  The Court of Appeal has recently overturned the trial judge in the case of Vaile v LB Havering [2011] EWCA Civ 246.  The claimant teach... [More]

Man walks into a bar...

A personal injury claim in Chambers has just come to its conclusion (it is hoped) with the defendant’s successful appeal from a district judge to the circuit judge.  The district judge had held the defendant county council liable for the claimant’s unusual highway tripping injury, but on appeal that decision was overturned.  The claimant had been walking home in the early ho... [More]

Fraudulent personal injury claims and contempt of court

 Mrs Justice Cox has reminded us of the test and standard to be applied in applications for committal for contempt of court arising out of allegedly fraudulent personal injury claims.  In Montgomery v Brown [2011] EWHC 875 the Defendant made a range of allegations that C had lied about a substantial loss of earnings claim.  Mrs Justice Cox confirmed the test that a pe... [More]

Knit at your peril...

I’ve long believed that knitting is a rather odd pursuit. I learnt in childhood that the results rarely justify the hours of effort: misshapen Christmas presents and unwanted scarves still litter cupboards at home. However, I didn’t believe that knitting was actually dangerous. It seems that I was wrong. As a result of a recent Supreme Court decision we now know that knitting – a... [More]

Are you one of the Plebs?

Do you remember Barry Bucknell?   He was the London builder who became one of the first television DIY experts. He presented the television series “Barry Bucknell's Do It Yourself" which at its peak attracted 7 million viewers. Most of what I know about Formica I learnt from Barry.   I was thinking of Barry when I was reading a Schedule which included a claim for “DIY”.... [More]