piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

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]