piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Scrutiny of Medical Evidence & Physiotherapy Charges in low-value PI cases

I recently acted for an insurer in a routine low value personal injury case (to which QOCS applied) which had an unusual twist.   The claimant claimed damages for neck injuries sustained in a road traffic accident. He signed the Particulars of Claim which were vague as to the description of his injury, but which made reference to an appended medical report. The medical report was of the ... [More]

Res Ipsa Loquitur: it's all just Latin to me...

  In recent years, the maxim of res ipsa loquitur has fallen out of fashion. Whether this reflects the more robust procedural rules governing disclosure (meaning that the cause of an accident can normally be ascertained) or the modern judicial dislike of distracting and potentially misleading latin epithets, is unclear. The low-point for the doctrine probably came in the judgment of Lord Just... [More]

Quantifying Future Loss of Earnings: Ward v Allies & Morrison Architects [2012] EWCA Civ 1287

At the quantum only trial of a personal injuries matter, HHJ Cleary held that he did not have sufficient evidence pertaining to the claimant’s level of likely future earnings and the likely duration therof. Nor was he satisfied that the claimant was disabled. Accordinly, the trial judge made a lump sum award of £30,000 to allow the claimant to retrain following Blamire v South Cumbria ... [More]

Clever Cars

Cars are getting more intelligent. Mine tells me when to change gear, puts its own windscreen wipers on and tells me off by beeping if I am late putting on my seatbelt. But modern cars are set to make mine very much look like the dunce of the class.   A leading German car maker is already advertising that its latest technology allows its cars to sense the presence of other cars and take some... [More]