the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Loss of future earnings and disability

A claimant is “disabled” for the purposes of Tables A – D of the Ogden Tables when s/he has an illness or disability which has or is expected to last for a year or more (or a progressive illness); which “substantially limits” the claimant’s ability to carry out normal day-to-day activities; and which affects the kind or amount of paid work s/he can do.  ... [More]

Fee hike implemented

    Further to Ian's post last week, court fees have been increased from today - by over 600% in some cases. The Law Society have set out the arguments they are raising in support of their proposed judicial review. The most eye-catching of these is that the fee increases are "tantamount to 'selling justice' contrary to the principles of Magna Carta", presuambly on the basis that the new ... [More]

Railing against expanding highway authorities' duties of care

  There is a very useful discussion in the recent case of Foulds v Devon County Council about the nature of a highway authority’s common law duty to road users.   The issue in the case was whether a highways authority had assumed a common law duty of care to road users in respect of railings erected on a low wall between the highway and a steep drop. A cyclist lost control and... [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's trivial?

    There are an increasing number of reported cases about breaches that can be characterised as “trivial” and thus meriting relief from sanctions without the need to show a “good reason”, providing the application was made promptly. One example is Adlington – referred to in a blog posting on 10th February.   Hamblen J considered this issue very rece... [More]

Holiday claims – Hotel structure – Local standards and how these are determined

The Court of Appeal handed down judgment today in the landmark case of Japp v Virgin Holidays [2013] EWCA Civ 1371, dismissing the Defendant’s appeal and upholding the first instance finding of liability. This is now the most authoritative decision on local standards for structural features of hotels in holiday claims. Andrew Spencer represented the Claimant and Sarah Prager the Defendant. ... [More]

Abolition of civil liability for H&S statutory duties comes into force on 1st October 2013

The Commencement Order bringing into force the abolition of civil liability for breach of duty under health and safety regulations has been made (see the Enterprise and Regulatory Reform Act 2013 (Commencement No. 3 Transitional Provisions and Savings) Order 2013/2227). Section 69 of the 2013 Act, which repeals civil liability, will come into force on 1st October. NB - the repeal does not ap... [More]

Relief from sanctions – le plus ça change?

As noted in previous blog entries, post April judges have been encouraged to take a much firmer line with applications for relief from sanctions – see for example Venulum Property Investments Ltd v Space Architecture Ltd [2013[ EWHC 1242 (TCC); Thevarajah and others v Riordan and others (9/08/13). However, Rayyan Al Iraq Co Ltd v Trans Victory Marine Inc (23/8/13) provides a useful counter... [More]