the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Stroke Caused By Beauty Facial Case Settles

Claims against negligent beauticians and the like are not altogether uncommon. The injuries tend to be dermatological in nature consequent of some allergic reaction to an untested product. But who would have thought it possible, let alone likely, for someone to suffer a stroke as a result of a beauty facial treatment? Tragically that is what happened to Elizabeth Hughes after her visit to the s... [More]

Employer not liable for employee killed in air disaster

Yesterday, Mr Justice Coulson delivered an extensive judgment in the case of Cassley and Others v GMP Securities Europe LLP & Sundance Resources Limited [2015] EWHC 722 (QB), in which he dismissed the claim for damages brought by the estate of the Deceased (James Cassley) against his employer (GMP) and its client (Sundance), an Australian mining company, who chartered the ill-fated flight. Thi... [More]

STOP PRESS: Ministry of Justice publishes final DBA and success fee cap regulations

The Ministry of Justice has published two draft statutory instruments that will come into force on April 1, 2013, which deal with: damages-based agreements (DBAs); and the 25 per cent cap on the success fee lawyers can take from personal injury clients' damages, excluding those for future care and loss. For the CFA Regulations click on this link: http://www.legislation.gov.uk/ukdsi/2013/9780111533... [More]


Monday passed (21 January) is officially recognised as the most depressing day in the year. And so, it was something of a distraction to the surrounding doom and gloom to read Swift J most recent judgment in the personal injury case of Ayres v Odedra [2012] EWHC 40 (QB). Those of you who read this blog regularly will know that Swift J’s decisions have been the subject of a number of postings... [More]


No doubt many of you, like me, regularly receive irritating text messages and emails soliciting compensation for personal injury and missold PPI; irrespective of whether you have been involved in an accident or purchased payment protection insurance. Many of you, like me, wonder how on earth these ‘spammers’ have managed to get hold of your details and how much the companies that are u... [More]

Blind Men and Elephants: The Doctrine of Vicarious Liability in Sex Abuse Cases

On 8 November 2011, MacDuff J gave judgment, in the case of JGE v The Trustees of the Portsmouth Catholic Diocesan Trust, on a preliminary issue concerning whether the defendant diocese was vicariously liable for the acts of a priest. This is yet another example of the incremental development of the doctrine of vicarious liability in respect of the criminal acts  of third parties. I don&... [More]

Credit Hire: The Never-Ending Story

It is coming up to nine years since the CA gave judgment in the conjoined test appeals in Clark v Ardington & Others. Many had hoped that their Lordships decision would have put an end to the ongoing battle between the motor insurers and the credit hire industry. It did not. In fact, in many respects Clark gave rise to an increase in the volume of claims proceeding in the county courts on sate... [More]

How far do you have to go to prove that someone is a malingerer...?

The answer is: quite far – If you read the recent judgment of Field J in the case of Noble v Owens [2011] EWHC 534 (QB). For those who can’t be bothered to trawl through 30 pages, here are the facts. C sustained severe personal injury in a motorcycle accident. Liability was admitted and damages were assessed in 2008 in the sum of almost £3.4million.  C bought a property wit... [More]

Large landmark settlement for former prison officer in complex claim against MoJ.

Heaven v Ministry of Justice    The Claimant, an ex-prison officer, brought proceedings against the MoJ for severe psychiatric injuries which he suffered during the course of his employment at HMP Grendon, a category B prison. The Claimant was stationed on a wing that housed inmates convicted of serious sexual offences. As part of their rehabilitation, inmates underwent “therapeu... [More]