piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Cost Budgets – Rule Changes

Changes to the CPR coming into force today alter the rules relating to cost budgets. In cases with a stated value of over £50,000 all parties except litigants in person will now exchange budgets 21 days before the first case management conference. Parties must then file an agreed  “budget discussion report” at least 7 days before the first CMC setting out what is agreed, wha... [More]

Damages for abuse

The Claimant in KCR v The Scout Association [2016] EWHC 597 (QB) suffered sustained abuse by a Cub Scout Group Leader when a young boy in the 1980s. In 2003 the abuser was convicted of a large number of sexual offences against boys including the Claimant. As might be expected, given recent trends in this area of law, the Defendant admitted that it was vicariously liable for the abuser’s acti... [More]

Sherlock Holmes in the Court of Appeal

"How often have I said to you that when you have eliminated the impossible, whatever remains, however improbable, must be the truth?”    The Sign of Four begins with a bored Holmes mired in cocaine addiction, much to the disquiet of Dr Watson. A young woman appears. She has a mystery that needs solving. Holmes solves it. He is cured from his addiction and, by the end of the book,... [More]

A defendant's nightmare?

  A Defendant’s Nightmare?   Sarah Davison would normally get to her desk by 6 a.m., work for twelve hours and often head out thereafter to meet and entertain clients. Sleep felt like it was secondary to achievement. She worked in a macho environment and her boss was a man who, in the words of Andrews J, “does not suffer fools gladly, or indeed at all”. But Mrs Dav... [More]

Supreme Court redraws the battle-lines for military claims

Many of you will have seen it reported in the news last week that as a result of the decision of the Supreme Court in Smith & ors v MoD [2013] UKSC 41 service personnel (and their families) will be entitled to sue the Ministry of Defence for deaths and injuries sustained whilst on active service outside the UK. It was that result of the decision which grabbed the headlines. But as so often, th... [More]

A jackdaw’s nest, a curate’s egg, a tinkerer’s charter and Winston Churchill’s pudding: Health and Safety in the House of Lords - Part 1

  Question: Which is the odd one out? Answer: The first one; all the others were used by peers to describe the Enterprise and Regulatory Reform Bill at its Second Reading in the House of Lords. There is no doubting the Bill’s breadth. Everyone could agree on its heterogeneity: detractors called it a “hotchpotch”, a “patchwork”, “piecemeal”, “ra... [More]

Bees, grouse, horses ... and a mad ox

Many of the posts on this blog are about cases at the cutting edge of jurisprudence. Quite rightly; it would be embarrassing to discover that a case you have relied on is no longer good law. Staying up-to-date is a necessary part of modern practice. A necessary evil, perhaps, when one considers the number and length of judgments that now spew forth from the courts.It may be of some comfort to the ... [More]

A Rare Bird: the Lesser-Spotted Section 5 of the Occupiers' Liability Act 1957

Personal injury lawyers know all about the 1957 Act (“OLA”). In fact, along with the Highways Act 1980, it is probably one of statutes we deal with most often outside of an employer’s liability context. It is a short Act, with just three substantive sections, and it’s been on the statute book for over half a century. So it’s odd, perhaps, that in that time only two ca... [More]