the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Negligence, false imprisonment and a surprising decision on contributory negligence: Liability of a taxi driver to a passenger detained in his vehicle injured jumping out

The case of Hicks v Young [2015] EWHC 1144 (QB) is extremely sad based, as the judge found, on a tragic misunderstanding between a taxi driver and his young passenger.  The taxi driver formed the view the claimant and his girlfriend were going to run off without paying so drove away from the claimant's home with him still in the vehicle, intending to "teach him a lesson".  The judge foun... [More]

Chief Coroner gives Guidance about Pre Inquest Review Hearings

      The unpredictability and inconsistency of coroners in their approach to inquests and the hearings that lead up to them has been a common moan for many years amongst those of us who practice in this field.  Pre inquest hearings in particular have been very much an unknown.  Some coroners make extensive use of them, actively case managing the inquest process and ens... [More]

Causation and catastrophic injury: when a late report really is too late

At 2am on 26 January 2006 Jonathan Boyle was at a bus stop on Grove Road in East London with a friend.  They had been out that evening and had been drinking.  At the same time a police car was being driven south along the road on the way to deal with a pub fight, although not being driven with lights or siren or in any sort of hurry.  The driver was travelling at about 33 miles per ... [More]

Rugby Playing Personal Injury Fraudster Jailed

David Ribchester pursued a claim for £923,000 arising out of a workplace injury that caused damage to his wrists.  His claim included considerable care on the basis that he was unable to carry out simple tasks such as driving, tying his shoelaces or picking up his daughter.  Surveillance captured footage of him playing rugby, driving his car, carrying his daughter, constructin... [More]

A no fault system for NHS claims: perhaps it might be a good thing...?

Ever since I started in practice more than 10 years ago the spectre of a "no fault" system to deal with claims against the NHS has been hanging over those of us who practice in clinical negligence.  My reaction over the years, without much clear reflection, has been that this would be a bad thing, encouraging unmeritorious claims.  Acting, as I do, for both claimants and defendants I hav... [More]

When is a dentist not a dentist? Tooth whitening and the Dentists Act 1984

The nation's passion for cosmetic enhancement continues apace.  When I was a child we Brits were as perplexed by the American obsession with even shiny white teeth as the Americans were by our yellow snaggly tombstones.  Nowadays simply turning on the television can be blinding.  Every presenter, actor and popstar seems to bare even rows of bright, white veneers.  I am often re... [More]

Never say never again... "Never events" and NHS Performance

Most people don't know that the NHS has a list of "never events", being a list of preventable events that should never happen.  The October 2012 Never Events Policy Framework defines never events as "serious, largely preventable patient safety incidents that should not occur if the available preventative measures have been implemented by healthcare providers".  The Framework contain... [More]

Children, car seats, parental responsibility and the law

Choosing car seats is an agonising and expensive process for parents.  Group 0? Group 0+? Straight to a Group 2 or via Group1?  Rearward facing to age 4 or forward facing from age 1?  It is confusing, stressful and wrapped up with heavy societal pressure to be a "good parent".  Like seatbelts and cycle helmets the courts have now had to turn their minds to a case... [More]