piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Claim dismissed - but do appeal!

The unfortunate Ms Drysdale was injured on the first day of her tenancy when she was ascending the steps to the property she had rented. She fell on the middle of three steps which had been painted red by the landlady to improve their appearance. There was a low wall (9.5 cm) next to the steps and a 2.5 metre (8 feet) drop on the other side of the wall. Ms Drysdale fell over the wall and was serio... [More]

What is it about Preston County Court?

The case of R (on the application of Sharing) v Preston County Court [EWHC 515] is perhaps a surprising one to comment on in a personal injury blog. It concerns wrongful eviction, rent arrears and judicial review. However it is of wider interest because the claimant, whose claim for damages was dismissed by the district judge and whose application for permission to appeal to the circuit judge was ... [More]

A catastrophic getaway

  Mr O’Brien and his nephew Mr Joyce must be amongst the most incompetent thieves around. They stole a ladder from the front garden of a house and put it into the back of the van but could not close the door. Mr O’Brien drove the van off to make a speedy getaway whilst Mr Joyce hung onto the back of the van, standing on a footplate with the ladder under or over his right arm. He w... [More]

How to admit, pay millions and get off Scott-free

    How do you get off Scott-free when you have made an admission of liability and paid millions in damages? The answer in AC and Others v Devon County Council [2012] EWHA 796 was not by withdrawing that admission but bringing a Part 20 Claim. Even then the result is rather curious but the case raises some interesting points of highways law and permission to appeal was granted... [More]

From vicarious liability to non-delegable duties...

Some cases are destined for not just one visit to the appellate courts but several. You may remember the case of Woodland v Beryl Stopford and others [2011] EWCA Civ 266. Simon Trigger wrote about it on this blog exactly 1 year ago to the day under the heading ‘We can all now resile from pre action admissions’. It is now back on the issue of non-delegable duties in the contex... [More]

The Animals Act rears its head again…

‘Oracular and opaque’ are the words Jackson L.J. uses of the Animals Act in a judgment (Goldsmith v Patchcott [2012] EWCA Civ 183) which is impeccably logical and clear. The facts are the easy bit: ‘Red’ was a horse who reared and then bucked violently, throwing the claimant to the ground and then striking her in the face with its hoof and causing her nasty injuries. Hold t... [More]

Wicked 'ambulance chasers' and poor privacy victims

The reforms to CFA’s are “legitimate to try and deal with the problem of no win no fee agreements when it applies to so-called ‘ambulance chaser’ lawyers… those who are trying to get people to sue where they think there is a pot of gold” said Chris Bryant M.P. as he was interviewed on the Today programme on Wednesday. By contrast he said those whose privacy had... [More]

HADLOW, CONFUSION AND REASONABLE FORESEEABILITY

When does the consequence of a breach of duty become so difficult to foresee that the chain of causation is broken? The answer to this question following the Court of Appeal’s judgment in the case of Hadlow v Peterborough City Council (20th October 2011, unreported*), is very rarely indeed.   The claimant was a teacher at a secure facility for potentially dangerous women operated by the... [More]

Another rear-end shunt...

      What more could possibly be said about non-fraudulent rear end shunts? After just over a century of the motorcar the answer is almost certainly very little. You will therefore be relieved to hear that the case of Steadman does not break new ground but there are some helpful judicial comments. The case involved the number 49 bus on the one hand and a Ferrari on the other; a bus... [More]

Go straight to gaol, do not pass go, do not collect £££

  Mr and Mrs Loveday were involved in a road traffic accident. They brought proceedings for personal injury and the insurers admitted liability. Surely this was just another straightforward case of assessing damages? Mr Loveday signed his witness statement which said he had suffered injuries, he could not work or drive, he was reliant on a wheelchair as he could hardly walk, he had to be care... [More]