piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

No assignment of CFAs, says the County Court

If a claimant is pursuing a personal injuries claim funded by a CFA, and the solicitors’ firm goes into administration, can the CFA be assigned to a new firm? No, says the County Court at Liverpool. In Jones v Spiral Healthcare (unreported, 11th September 2015, transcript available on Westlaw), the original CFA was entered into validly in 2012. In 2014 the Claimant’s solicitors’ ... [More]

Another reason to fear the dentist

Another example of a claimant in a clinical negligence case failing to prove causation (this time,  against a dentist who was alleged to have caused the onset of infective endocarditis). In what looks like an important judgment, the court found that the treatment was such as a reasonable body of dentists could have recommended, so that it satisfied the test in Bolam and was therefore non-negl... [More]

No jury trial for personal injuries caused by police

According to the authors of both Clerk and Lindsell on Torts and Halsbury’s Laws of England, the tort of false imprisonment is committed whenever a person is unlawfully subjected to a total restraint of movement, no matter how short the period of restraint. Does that mean that if a claimant is restrained during the period of an assault, he can claim for damages for false imprisonment (and so... [More]

No Human Rights Act duties in Fatal Accidents Act claims

In Morgan v Ministry of Justice [2010] EWHC 2248 QB the High Court has rejected an attempt to introduce Human Rights Act type duties into Fatal Accidents Act claims. The deceased claimant committed suicide whilst receiving treatment in the hospital wing of prison. The hospital wing was run by the NHS and not the Prison Service. The deceased’s estate brought a claim against the Prison Service... [More]