piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Schedules and the Gadget Generation 2: Activity Apps and Damages

Judges and practitioners alike are routinely confronted with substantial claims for care and assistance following an accident, with claimants alleging that their injuries have restricted their ability to carry out various domestic chores.  Further, awards of general damages include considerations of loss of amenity, for example where a claimant complains that they are unable to exercise or en... [More]

Post-Mitchell: Relief from Sanctions in Practice

As practitioners continue to the grapple with the realities of the post-Mitchell climate, several reported decisions are beginning to demonstrate how the courts are applying the “new more robust approach” to applications for relief from sanctions.  In Durrant v Chief Constable of Avon and Somerset [2013] EWCA Civ 1624, the defendant applied for relief from sanctions in order to... [More]

Fraudlent claims and contempt of court: if you can't do the time ...

  Regular readers of this blog will have come across several posts dealing with allegations of fraud or exaggeration.  Indeed, allegedly fraudulent accidents appear to be occupying an ever increasing proportion of the court’s time.  The recent decision of Spencer J in Homes for Haringey v Barbara Fari and Piper Fari therefore serves as a stark and welcome warning to any buddin... [More]

Secondary victims and psychiatric injury: what is the relevant event when considering proximity?

The Court of Appeal has recently given judgment in relation to recoverability for psychiatric injury by a “secondary victim”.  In Taylor v A Novo (UK) Ltd [2013] EWCA Civ 194, the claimant brought a claim arising from the death of her mother, who had been injured at work when a colleague had caused a stack of racking boards to fall on her.  The claimant’s mother appeare... [More]