piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Lies, fraud, exaggeration and costs

Laws LJ suggested in Molloy v Shell UK Limited [2001] EWCA Civ 1272 that lying or grossly exaggerating claimants could be guilty of “a cynical and dishonest abuse of the court’s process” and questioned whether, when “faced with manipulation of the civil justice system on so grand a scale, the court once it knows the facts should entertain the claim at all save to make the c... [More]

How quickly should an emergency caesarian section be performed? Goncalves v Newham University Hospital Trust

The cerebral palsy case of Goncalves v. Newham University Hospital Trust (QBD, Mr. John Leighton Williams Q.C. sitting as a Deputy High Court Judge 24.11.10) discusses the important question of how quickly an emergency caesarean section should be performed. The Claimant, Macmillan, a second twin, was born at 19.47 hrs on 19.01.96 at Newham University Hospital and suffers from teraplegic dyskineti... [More]

Savage v South Essex Partnership NHS Foundation Trust: will the Court of Appeal agree with the first instance decision?

In Anna Savage v South Essex Partnership NHS Foundation Trust [2010] EWHC 865 (QB), the Claimant claimed a declaration and damages under the Human Rights Act 1998 after her mother Carol Savage (“CS”), a patient detained in a psychiatric ward under the Mental Health Act 1983, absconded and committed suicide in July 2004.  The case had already been to the House of Lords on a prelimi... [More]

St William's Group Litigation - Claimants fail to establish liability on appeal

Claimants, in what has been described as one of Britain’s biggest sex abuse compensation claims, have failed to establish liability against a lay religious order providing Brothers to work at a residential institution known as St William’s, Market Weighton. The 150 Claimants failed to establish that the De La Salle Order was vicariously liable for the alleged acts of abusers at St Will... [More]

Micklewright v Surrey County Council - Causation in the context of tree branch cases

His Honour Judge Reid QC yesterday handed down judgment in the case of Joanne Micklewright (as Executrix of the estate of Christopher John Imison, Deceased) v Surrey County Council in the Guildford County Court. The Claimant was the executrix of the Deceased, who had tragically been killed when struck by a large branch which fell onto him from an oak tree on the verge of Wick Road, Virginia Water... [More]

Travel Special – Excursions and the Extension of Liability

Defendant travel agents and tour operators are now nervous about the sale of excursions as a result of two recent decisions. The first appears to extend tortious liability and the other extends contractual liability in respect of excursions. On 27th November 2009 the Court of Appeal heard the appeal in the case of Parker v TUI UK Limited [2009] EWCA Civ 1261. Mrs Parker had been seriously injured... [More]