piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

“ .. Friends, Romans, personal injury lawyers ...!”

Or so Mark Antony might have said if Shakespeare had been around to reflect on the amendments to the CPR which come into effect on 6 April 2015. All the talk is of the changes to Part 36. But what of the new Part 87 which is being introduced as part of the continuing drive to replace Latin terms with simpler English language.   I confess to a fondness for Roman law having been made to st... [More]

Causation, reliance... and loft hatches

  The recent Court of Appeal case of Morcom v Biddick [2014] EWCA Civ 182 raises very interesting questions about duties of care, causation and reliance. Mr Morcom is a skilled tradesman with extensive experience in the building trade. Mr Biddick (now deceased) was an 80 year old family friend of Mr Morcom’s. On 4th December 2010 Mr Morcom attended Mr Biddick’s house to fit loft... [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]

If he told you to jump off a cliff, would you jump off a cliff? Responsibility, liability and causation

It's the primary school teacher's well-rehearsed refrain.  It's also (almost) the facts of Johnson v Silverlink Trains Limited, heard in Coventry County Court on 23rd February 2011. Mrs Johnson was on her way back from seeing Robbie Williams, along with about 65,000 others. She rushed to Milton Keynes station where a throng of people was blocking the entrance. Mrs Johnson's case was that a st... [More]