the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Records of Inquest: the conclusion is... use your boxes correctly and keep it succinct

For those of you practising in coronial law, the Chief Coroner's Guidance No. 17 was published on 30 January 2015. It contains some useful and succinct guidance on short form conclusions and narrative conclusions, including: how and when they should be used (as alternatives or together); the correct approach to the three stages of the conclusion (i.e. fact finding, box 3 of the Record of Inques... [More]

Chartwell Estate Agents and the Mitchell decision

Having delivered and attended several post Mitchell case updates, one recent decision that surprised and interested me (in the context of other post Mitchell decisions) was Chartwell Estate Agents Ltd v (1) Fergies Properties SA and Another [2014] EWHC 438. This decision was appealed and the Court of Appeal’s decision appeared on Lawtel last week. So why did I find the first instance deci... [More]

Whispers of change... the potential softening of Mitchell

Pre Jackson and Mitchell, litigants would frequently agree to extensions of time without reference to the court. Provided the extension did not impact the trial date or any forthcoming hearing, then this was common practice and judicial eyebrows were (generally) not raised.   However, following Mitchell this is no longer the case. A failure to comply with the direction is a failure to comply,... [More]

CRO's: When is it time to go for 'the General'?

Some of you in the world of personal injury and clinical negligence may have had the misfortune of encountering vexatious litigants. Those litigants where another file opens, before the last file is closed - where much time, money and energy is spent on claims and applications that are eventually struck out as being totally without merit.   Following the case of Russell West v Gary Taylor-D... [More]

Pragmatic case management

  Matharoo v Medayway NHS Foundation Trust (2013) Judge Swift’s pragmatic case management decision in the case of Matharoo v Medayway NHS Foundation Trust (2013) was reported on Lawtel yesterday. The decision is an illustration of the overriding objective being applied so as to progress the claim whilst, so far as possible, achieving an equal footing between the parties.   The a... [More]

Employee, or not an Employee: that is the question

EL v Children’s Society [2012] EWHC 365 (QB) On 24th February 2012 the decision in EL v Children’s Society was handed down. Whilst it is a first instance decision, the judgment of Haddon Cave J is a useful and interesting read in regard to whether or not acts are carried out in the discharge of employment obligations. The Claimant claimed damages for the sexual abuse he had suffered... [More]

More lies and exaggeration....

  Since the birth of the piBlawg a number of posts have related to fraud and an apparent increase in applications for committal following findings of exaggeration and fraud. Continuing with the theme, the case of Lane v Shah [2011] was reported on Lawtel on Wednesday 5 October 2011. The First Respondent (the Claimant in the underlying action) had sought damages for personal injurie... [More]

The Legal Aid Bill ploughs on....

Clinical negligence lawyers will be fully aware that the Legal Aid Bill proposes to reverse the position under the Access to Justice Act 1999, whereby civil legal aid is available for any matter not specifically excluded. The Bill takes some types of case out of scope for legal aid funding and provides that cases would not be eligible for funding unless of a type specified in the Bill. It suffices... [More]

Tripping trials and the opinion of the "perfectly sensible" witness.....

Those of you that have represented Highway Authorities in tripping trials may be pleased to read the judgment Kent County Council v Lawrence [2011] EWHC 1590 . I'm sure you have all experienced a trial (or two) where the judge has been very interested in the Claimant's personal view as to whether the defect was dangerous. Followed by the evidence of the 'neighbour', who ch... [More]

B v Ministry of Defence [2010] EWCA Civ 1317

  Section 33 and causation: Personal injury claims issued three years after the date of knowledge are time barred pursuant to section 11 and 14 of the Limitation Act 1980. However, it is often assumed that where a fair trial can still go ahead, the Court will most likely dis-apply the three limitation period and exercise its discretion under section 33 of the same Act. The cogency of the ... [More]