the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Punching inanimate objects and common sense

In 2010 Lewis Pierce was nine and a half years old and one day was playing at school with his younger brother George; both boys went over to a water fountain and George sprayed Lewis with water. George, seemingly not seeing the funny side then attempted to punch his brother, who being a sensible lad moved out of the way. Lewis missed George and ended up hitting the water fountain, cutting his ri... [More]

A busy day in Gwent

Yesterday’s Guardian reported that Cwmbran magistrates’ court was closed for all normal business due to the court having to deal with 86 people, mainly from just two valleys in south Wales, being accused of taking part in one of the UKs largest “cash for crash” frauds. The charges ranged from single counts of conspiracy to defraud insurance companies to conspiracy to steal, receiving stolen goods... [More]

Insinuation, allegations and the pleading of fraud.

To sustain a pleading of fraud there must be “reasonably credible material which as it stands establishes a prima facie case of fraud” (see Bar Code of Conduct at Paragraph 704(c)), but what happens if a Defendant’s concerns fall short of the requisite standard? The answer, according to Lord Justice Davis, is not to, as many Defendants have done in recent years, simply to recite a number of mat... [More]

Welly Wanging 2

Some of you may remember an earlier post of mine relating to a preliminary application in the case of Blair-Ford v CRS Adventures Ltd (http://www.piblawg.co.uk/post/2012/06/27/Warning-Low-Flying-Wellies-!.aspx) The claim was brought by Mr Blair-Ford after he suffered catastrophic injuries whilst welly wanging at a mini-Olympics event run by the Defendant company. Unfortunately for the Claimant Mr... [More]

Definitely a good walk spoiled: Hammersley-Gonsalves (A child by his litigation friend T Gonsalves) v Redcar & Cleveland BC

Some things simply make one feel old: the 90s revival, being older than your doctor, complaining about people playing music on public transport.  To this (abridged) list I can now add school games lessons.  Back in my day (a phrase that can be added to the aforementioned list) school sport largely consisted of being cold and taking part in team games in the winter (good character buildin... [More]

Warning - Low-Flying Wellies !

When John Major launched the ill-fated “Back-to-Basics” campaign in 1993 he sought to recall an image of Britain:  warm beer, old maids bicycling to church and long shadows on the cricket ground.  With the greatest respect to Sir John I would suggest he missed various other specifically British images, one of which is the noble sport of welly wanging.  I’m confiden... [More]

Contender for the worst piece of coalition legislation ?

According to research carried out by Kings College London the proposed reforms contained in The Legal Aid, Sentencing and Punishment of Offenders Bill will, rather than saving money, end up costing us all £18 million a year in additional costs (h/t Frances McClenaghan of this parish).   It is clear that the intention of the bill is to reduce the number of claims brought before the court... [More]

(Attempted) Murder on the Dancefloor

Everett & Another v Comojo UK Ltd t/a the Metropolitan & Others: Liability of nightclub for assault   Judgment was handed down in the Court of Appeal on 18 January 2011 in the above case.  The case concerned an assault in a upmarket private members nightclub.  A waitress working in the club was allegedly assaulted by two patrons.  Another patron, and regul... [More]