piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

A predictable revolution: Knauer v Ministry of Defence in the Supreme Court

The Supreme Court has today handed down its judgment [2016] UKSC 9 in the 'leapfrog' appeal to it from the decision of Bean J in Knauer v Ministry of Defence [2014] EWHC 2553 (QB). Bean J's decision is available on BAILII at http://www.bailii.org/ew/cases/EWHC/QB/2014/2553.html and the Supreme Court's decision is at http://www.bailii.org/uk/cases/UKSC/2016/9.html. Permission for the 'leapfrog' app... [More]

Damages in fatal claims: Mosson v Spousal (London) Ltd

Garnham J's decision in Mosson v Spousal (London) Ltd [2015] EWHC 53 (QB) (http://www.bailii.org/ew/cases/EWHC/QB/2016/53.html), handed down today, contains a number of points of interest in relation to the calculation of damages in fatal claims. The case was brought by the widow of Mr Mosson, who was exposed to asbestos during the course of his employment in the 1960s and 1970s and subsequen... [More]

A Judgment for What? The Effect of Default Judgments

Where a defendant admits breach of duty but wishes to contest causation, injury and quantum, it has in the past been common practice for it to allow judgment to be entered in default of Acknowledgment of Service or of Defence and to proceed to contest the remaining issues at an assessment of damages hearing.  An alternative course of action, which in the short term is more expensive, is to fi... [More]

Vicarious liability for associate or locum clinicians: Whetstone v Medical Protection Society Ltd

The question of whether practice partners or principals are vicariously liable for negligent treatment provided by associates or locums is one which has frequently exercised the medical defence organisations in recent years.  The issue ought to be academic, because such associates or locums are usually required, under the arrangements made with a practice, to have cover with one of the recogn... [More]

Delegation, delegation, delegation, that's what you need: Woodland v Essex CC in the Supreme Court

The Supreme Court has today (October 23rd 2013) handed down its unanimous decision in Woodland v Essex CC [2013] UKSC 66, reversing the decisions of the lower courts, and holding for the first time that a school (or, in the case of a maintained school, a local education authority) owes a non-delegable duty to the children in its care. The case arose from brain injury suffered by the claimant, who ... [More]

Slipping claim by pupil rejected by Court of Appeal

In the recent case of Hufton v Somerset County Council the Court of Appeal has dismissed an appeal by Ms Maddison Hufton, a former pupil at Ansford Community School in Castle Cary, against the dismissal of her claim for damages.  Ms Hufton suffered a knee injury when she slipped on a small area of water in the school assembly hall during breaktime.  The trial judge had concluded that a r... [More]

Causes and effects: The Supreme Court decision in Sienkiewicz and Willmore

The Supreme Court today handed down its judgments in two linked mesothelioma appeals: Grief (UK) Ltd v Sienkiewicz and Knowsley MBC v Willmore [2011] UKSC 10.  In doing so it made a number of important findings on the law of causation in tort generally as well as the special Fairchild rule applicable in mesothelioma cases.  It also doomed counsel appearing in future indust... [More]