piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

QOCS does not apply to additional claims

The QOCS rules apply to a single claim against a defendant which includes a claim for damages for personal injury. In Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) ([2014] EWCA Civ 1105) the Court of Appeal held that these rules are not applicable to the entire action in which a claim for damages for personal injury is made. Thus the QOCS rules did not apply to an additional claim under CPR Part... [More]

Delaney v Secretary of State for Transport - the “crime exception" is contrary to EU law

The High Court has held that the “crime exception", contained in clause 6(1)(e)(iii) of the Uninsured Drivers' Agreement 1999, is in breach of the United Kingdom's obligations under the EU Motor Insurance Directives and that the claimant is entitled to Francovich damages as a result therof ([2014] EWHC 1785 (QB); see www.bailii.org/ew/cases/EWHC/QB/2014/1785.html).   Given the wide... [More]

CPR change - permission for extensions of time to be agreed

The Civil Procedure Rules Committee will approve a new ‘buffer’ measure at its next meeting, in a few weeks’ time (see www.lawgazette.co.uk/practice/buffer-rule-to-relieve-mitchell-pressure-on-courts/5040518.article).  The rule will permit parties to agree time extensions of up to 28 days for serving certain documents, without needing to make an application to the court. I... [More]

Johnson v Unisys revisited: Monk v Cann Hall Primary School and Essex County Council [2013] EWCA Civ 826

  Mrs Monk was made redundant from her position as an administrative assistant at the First Respondent’s primary school, with effect from 31st August 2008. On 10th July, however, she was required to clear her desk before being publicly escorted from the premises. She brought a claim for psychiatric injuries. Her claim was struck out on the basis that it fell within the Johnson exclusio... [More]

Cockbill v Riley: Youthful exuberance and the test of foreseeability

I turned 29 this week. As I reminisced about the days when hangovers were a mild inconvenience to be overcome within a matter of hours, my attention was drawn to a recent case arising out of an end-of-GCSE party, a paddling pool and an attempted bellyflop that went tragically wrong. On 20 July 2006, Ryan Cockbill went to a barbeque organised by a friend – Sarah Riley, armed with a 12 pack of... [More]

New Air Passenger Rights in 2015?

The European Commission has today announced proposals to extend air passenger rights. If approved by member states and the European Parliament, the measures will come into force in 2015. The new measures would include: Clarifying the meaning of ‘extraordinary circumstances’; Requiring airlines to re-route passengers who have been delayed by more than 12 hours, using other air carriers... [More]

Backlash to whiplash? Consultation on Whiplash Claims

The MOJ yesterday opened consultation on proposals aimed at reducing the number and cost of whiplash claims. In terms of the number of claims, the MOJ has cited research indicating that 70% of road traffic accident personal injury claims in the UK were related to whiplash, whereas the equivalent figures were 47% in Germany, 32% in Spain and 3% in France (http://www.justice.gov.uk/news/press-relea... [More]

Quantum Advice in the Shadow of Jackson

  It may be tempting to ignore the implications of the Jackson reforms until April, however the increase in general damages needs to be factored into quantum assessments now. In short this is because: ·         With effect from 1 April 2013 the level of general damages will increase by 10 per cent (as stated in Simmons v Castle [2012] EWCA Civ... [More]