Res Ipsa Loquitur: it's all just Latin to me... 08 May 2013 Jack-Harding (0) 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]
Lord Woolf Warns of Human Rights Conflict 24 February 2011 Laura-Johnson General, SA Human Rights, jurisprudence, legislation, personal injury, European Convention on Human Rights, politics (0) Whatever your views about the Human Rights Act 1998 ("HRA"), most lawyers would admit that it has led to many interesting developments in the law, although not as many as were feared as we approached the turn of the century and the Act coming into force. The approach of the courts in this jurisdiction has, for the most part, been reasonably restrictive although it is clear that in the arena ... [More]
Claims and Counterclaims: RTA uplifts and settling on the day of trial 22 February 2011 Laura-Johnson case report, costs, cpr, personal injury, conditional fee agreements, success fees (0) Slade J handed down judgment this week in an appeal concerning the question of whether the claimant's legal representatives were entitled to a 100% uplift on their costs, in accordance with the fixed uplift regime for conditional fee agreements in road traffic cases, where the case settled on the day of trial, but before the trial commenced. She also addressed the vexed question of... [More]
RTA Insurer not liable for the 'same damage' as its insured 31 January 2011 Jack-Harding case report, cpr, personal injury, LP Quantum (0) In Jubilee Motors Syndicate v Volvo Truck & Bus (Southern) Limited (2010) Jubilee, a road traffic insurer within the meaning of the Road Traffic Act 1988, had been ordered to pay damages following the settlement of a claim against its insured (Volvo) by an injured third party. Jubilee thereafter instigated contribution proceedings against its insured under the Civil Liabiliy (Contrib... [More]