piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Costs Budgets and Unallocated Part 8 Claims issued before 22 April 2014

Some further clarity as to when to file costs budgets can be gleaned from the decision of Mr Justice Hickenbottom in the case of Kershaw v Roberts & Anor  [2014] EWHC 1037 (Ch). Here it was argued on appeal from the county court that the first directions hearing in a Part 8 Claim should be treated as the “first CMC” for the purposes of CPR 3.12-14 and thus costs budgets must b... [More]

When can a Judge change their mind?

In re L and Anor (Children) (Preliminary Finding: Power to Reverse) [2013] UKSC 8 the Supreme Court considered the circumstances where a judge was entitled to depart from such a preliminary judgment or ruling. Whilst the underlying facts of this case being appealed related family proceedings, however Supreme Court’s ruling is very likely to be considered of much broader application.  &... [More]

Crossing Centre White Lines & the Balance of Probability

CASE REPORT: -       Scott v Symons (2012) CA (Civ Div) 19/06/2012     At first instance, a motorcyclist was held responsible for a road traffic accident by riding his motorcycle onto the wrong side of the road. The motorcyclist himself had been injured by a car and gave the sole oral testimony at the trial. He contended he had been driving towards the middl... [More]

What a difference 5mph can make...

   Motorists have never been able to rely solely upon a stated speed limit as justification to drive at a certain speed. This has recently been restated, having only lately been at the heart of another judgment of the High Court in Rehman v The Estate of George Brady & Anor [2012] EWHC78 (QB).   In an ex tempore judgment in the case of McCarthy & Anor v (1) Grimes (2) MIB (... [More]

"Wait... there is something I have just thought of....!"

  In Thompson & Anor v Middleton [2012] EWCA Civ 231, the unsuccessful Defendant in a road traffic personal injury case appealed on the grounds that the judge at first instance dealt inappropriately with a new line of argument from the Defendant’s medical expert pertaining to causation suggested at a quantum only hearing, after causation had been determined in the Claimant’s f... [More]

RTA Fraudsters Beware!

As I expect many will agree, there has been a recent upsurge in the past 12 or so months in cases of alleged fraudulent accidents coming before the courts. Are these sorts of accidents becoming more common? Or are insurer’s simply getting tougher and more bullish in alleging fraud? I think the answer is possibly “both”. There are some typical hallmarks of these sorts of fraud whi... [More]

No-one expects the Inner West London Inquisition?

The administrative court has handed down its judgment in R (Cairns) v HM Deputy Coroner for Inner West London [2011] EWHC 2890 (Admin).   This judicial review case concerned a sadly topical subject, at least in London, namely that of cyclists killed by lorries. With the huge upsurge in Londoner’s taking to two wheels seen during the present Mayoral administration, has regrettably come ... [More]

Transsexual seeking NHS breast augmentation loses appeal

In R (on the application of AC) v Berkshire West PCT [2011] EWCA Civ 247 the Court of Appeal has dismissed the appeal of a male to female transsexual who was seeking NHS funding for breast augmentation surgery.  In 1996 AC was diagnosed with Gender Identity Disorder (GID).  The PCT provided AC with hormone replacement therapy and was prepared to fund genital reassignment surgery, which A... [More]

"Oopsadaisy... I forgot": Late amendments and when simple prejudice is not enough

We are all familiar with this scenario.  A case has been in litigation for 12 months since issue and trial is imminent.  Try as you might, you cannot understand why the other side has advanced their case in a particular way, or overlooked an obvious cause of action or defence.  Then... a week before trial, or even at trial itself, the penny drops and a late application to amend is m... [More]