piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Clever Cars

Cars are getting more intelligent. Mine tells me when to change gear, puts its own windscreen wipers on and tells me off by beeping if I am late putting on my seatbelt. But modern cars are set to make mine very much look like the dunce of the class.   A leading German car maker is already advertising that its latest technology allows its cars to sense the presence of other cars and take some... [More]

London Whole Life Multipliers

Readers who have the unfortunate daily penance of commuting in London may like me find some form of diversion in picking up a copy of the Evening Standard newspaper. If you had yesterday, you may have seen an article pointing out the wide disparity in the life expectancy of London men, depending on which area of London they hail from (the article is entitled: “How living in London is serious... [More]

Crossing Centre White Lines & the Balance of Probability

CASE REPORT: -       Scott v Symons (2012) CA (Civ Div) 19/06/2012     At first instance, a motorcyclist was held responsible for a road traffic accident by riding his motorcycle onto the wrong side of the road. The motorcyclist himself had been injured by a car and gave the sole oral testimony at the trial. He contended he had been driving towards the middl... [More]

What a difference 5mph can make...

   Motorists have never been able to rely solely upon a stated speed limit as justification to drive at a certain speed. This has recently been restated, having only lately been at the heart of another judgment of the High Court in Rehman v The Estate of George Brady & Anor [2012] EWHC78 (QB).   In an ex tempore judgment in the case of McCarthy & Anor v (1) Grimes (2) MIB (... [More]

Child Car Seats and Contribution Claims

In the latest of my run of articles on recent developments in the law of contributory negligence in personal injury cases, I have turned to the recent decision of the High Court in Emma Hughes (by Anne Marie Armstrong) v Estate of Dayne Joshua Williams, deceased (Defendant) and Louise Williams (Third Party) [2012] EWHC 1078 (QB).    It is tempting to say that “everyone knows”... [More]

"Wait... there is something I have just thought of....!"

  In Thompson & Anor v Middleton [2012] EWCA Civ 231, the unsuccessful Defendant in a road traffic personal injury case appealed on the grounds that the judge at first instance dealt inappropriately with a new line of argument from the Defendant’s medical expert pertaining to causation suggested at a quantum only hearing, after causation had been determined in the Claimant’s f... [More]

RTA Fraudsters Beware!

As I expect many will agree, there has been a recent upsurge in the past 12 or so months in cases of alleged fraudulent accidents coming before the courts. Are these sorts of accidents becoming more common? Or are insurer’s simply getting tougher and more bullish in alleging fraud? I think the answer is possibly “both”. There are some typical hallmarks of these sorts of fraud whi... [More]

A Good Winter for the Amateur Pothole Hunter?

The Sunday Times’ motoring supplement yesterday contained a cheery article entitled “Brace yourself for a winter of holey hell”. It was of course referring to what appear to be fast becoming a national obsession among many – potholes!   The article referred to the findings of an “army of amateur pothole hunters” recruited by the AA. (Perhaps this is seen as... [More]

No-one expects the Inner West London Inquisition?

The administrative court has handed down its judgment in R (Cairns) v HM Deputy Coroner for Inner West London [2011] EWHC 2890 (Admin).   This judicial review case concerned a sadly topical subject, at least in London, namely that of cyclists killed by lorries. With the huge upsurge in Londoner’s taking to two wheels seen during the present Mayoral administration, has regrettably come ... [More]

RSA Repair Costs - an end to the saga?

There has been a significant and until now unpublicised development in the long-running line of case concerning inflated repair costs claimed by RSA.   Well, as the judgment is on BAILII and publicised on the Judiciary Website, this is not quite an exclusive, but it is close!   Judgment was handed down in Kevin Fallows v Harkers Transport on Friday 2 September 2011. It came to my attent... [More]