piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

When can a Judge change their mind?

In re L and Anor (Children) (Preliminary Finding: Power to Reverse) [2013] UKSC 8 the Supreme Court considered the circumstances where a judge was entitled to depart from such a preliminary judgment or ruling. Whilst the underlying facts of this case being appealed related family proceedings, however Supreme Court’s ruling is very likely to be considered of much broader application.  &... [More]

GPS-Guided Gritting

As England and Wales appears – at least thus far – to have escaped the much-forecasted “exceptionally hard” winter, there may not be a huge number of 2012 cases pursued in the courts relating to inappropriate winter maintenance by highways authorities. However a future consideration in such cases may relate to the adequacy and suitability of the gritting machines themselves... [More]

Snails, Soft Drinks and Dissolving Rodents

Every law student who has sat through their first lecture on tort law is likely to come away remembering something about a Mrs Donoghue. She of course went to a cafe in Paisley and ordered a bottle of ginger beer to drink with an ice cream. As she poured out some of the drink, she alleged she found the remains of a decomposed snail. The rest is – as they say – history, as Lord Atkin pr... [More]

Personal Health Budgets and Heads of Loss - Assistance Animals?

The Times today carried an article entitled “NHS will cough up for music lessons and manicures.” It was referring to the three year trial of personal health budgets, whereby people in the NHS Continuing Care programme are able to determine themselves, how best to spend the money allocated to them.    Their budgets are of course typically spent on many items one routinely se... [More]

Vicarious Liability for Sex Abusers: Catholic Child Welfare Society v Various Claimants (1) The Institute of Christian Brothers (2)

Just this morning, the Supreme Court has given judgment in the historic child abuse case of Catholic Child Welfare Society v Various Claimants (1) The Institute of Christian Brothers (2) [2012] UKSC 56. A fuller report will appear on the PiBlawg, no doubt in due course.     Lord Phillips, giving the sole judgement of the Court held that there are two stages in establishing vicarious liab... [More]

The Court’s Indulgence and Litigants in Person

One of the more widely promulgated arguments against the legal aid cuts and reform of civil justice funding is that any savings will be eclipsed by the additional costs to the courts and to other parties caused by an expected rise in Litigants in Person (“LIPs”).   Already, most litigators have faced the tribulations involved in facing a LIP opponent. Inappropriate orders are soug... [More]

Quantifying Future Loss of Earnings: Ward v Allies & Morrison Architects [2012] EWCA Civ 1287

At the quantum only trial of a personal injuries matter, HHJ Cleary held that he did not have sufficient evidence pertaining to the claimant’s level of likely future earnings and the likely duration therof. Nor was he satisfied that the claimant was disabled. Accordinly, the trial judge made a lump sum award of £30,000 to allow the claimant to retrain following Blamire v South Cumbria ... [More]

Everything's Bigger in Texas

As a bit of light relief for a Friday afternoon... the indomitable Professor Gary Slapper in the Times gave me cause to laugh last week.   Whilst we in UK are getting our proverbial knickers in a twist in what the a member of the Government may or may not have said to a policeman outside 10 Downing Street, compare this alleged outburst with that from a member of the judiciary...   .. Ok ... [More]

Personal Injury Fraudsters Beware!

A story has been widely reported which I expect warmed the heart of many a lawyer with experience of dealing with cases where it is suspected (and nothing more than that) that a claimant party was not telling the truth about the cause of an injury.   Whilst judges in the county court are often sometimes correctly criticised for being gallingly reluctant to make findings of bad faith in anyon... [More]