the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Clinical Negligence Claims against the NHS Up 30%

The NHSLA published its annual report on 4 August 2011. Last year: (a)    it faced 8,655 clinical negligence claims, an increase from 6,652 the year before (up about 30.11%); (b)   of those,  5,398 cases were settled with only about 4% being resolved by litigation; and (c)    it paid out £729,100,000 pursuant to these, which was an increase from &... [More]

The Way to Slay the Bogeyman?

One is forever hearing about ludicrous people taking the collective moral panic of “health and safety” to ludicrous extremes. Children being made to wear safety glasses to play conkers in the playground, and the Mayor of Maidstone having her mayoral flag removed from her car on the ground that it constituted a distraction to other drivers, are but two examples which spring to mind. &nb... [More]

Is the ECR project heading for the dustbin?

The Commons Public Accounts Committee has deemed the Government’s plans for NHS Electronic Care Records (“ECR”) was “unworkable" and the government should scrap the project. To many, especially those with an ear to the ground within the NHS, this comes as no surprise. To many others the fact that it would mean that some £2.7 Billion will be wasted is still less of a s... [More]

Ski, Riding and Now... Cycle Helmets

In my recurring theme as to contributory negligence and protective headwear (not to mention my citing of the most authoritative legal sources – this time “The Metro” 29 July 2011), there is a corpus of medical opinion which advises against making cycling helmets compulsory. This is on the grounds that such a law is likely to decrease cycling activity and that it is “inconcl... [More]

Simply a Fruitful Source of Gainful Employment?

  Some avid readers have read a recent article in the Solicitors Journal entitled “Judge condemns 'forum shopping' by claimant personal injury lawyers”. In this article a Romford-ian circuit judge is referenced as being “deeply troubled” as to what he appeared to perceive to be PI lawyers attempting to “boost costs” in a recent case before him. The judge ma... [More]

Warning - Potholes!

My morning commute was brightened up this morning by an article in the Metro, (the staple free newspaper for London commuters,) entitled “Motorists sign up to a pothole warning drive”. I think the last word of the title should have read “Sign”. The article focused on a triangular warning sign depicting a lopsided rear view of a car with one wheel down a pothole. It is sugge... [More]

A Riding Hat? Not on Our Nelly!

On 23 February of this year I wrote an article on the Piblawg regarding Mayor Boris Johnson’s distain for ski helmets and considered the implications for claimants not wearing safety equipment which is entirely optional and contributory negligence (see: A Ski Helmet? – Not on your Nelly).   Well, some similar controversy has been sparked from an unlikely source – the launch ... [More]

An End to Expert Shopping

The Court of Appeal gave judgment on 25 February 2011 in the case of Edwards-Tubb v J D Wetherspoon. Their judgment is likely to have substantial repercussions for litigants in personal injury cases.   The Court of Appeal held that should a claimant in a case falling within the personal injury pre-action protocol, obtain an  medical report which is unfavourable to them, this will ordina... [More]

A Victory for Common Sense?

Tomasz Krysztof Kmiecic, was a carpenter. In June 2006 he tried to fix a leaky garage roof at a Mrs Isaacs’ substantial and valuable home when he fell from a ladder. He shattered his right elbow and injured his hip and thigh. He is now permanently disabled and can never work again as a carpenter and general builder.   The firm that contracted Mr Kmiecic (on £60 to £80) a da... [More]

A ski helmet? – Not on your nelly!

 The Mayor of London, Boris Johnson has recently expounded: “goggles, yet; a woolly hat, yet; but a helmet – not on your nelly”, in a recent article for the Telegraph. He was of course commenting on what he somewhat characteristically termed the “elf and safety madness that is sweeping our culture”, in relation to the growing trend for skiers to wear helmets. How... [More]