Ex turpi causa is one of those doctrines which we learn when we study law but rarely get to use in anger.  But in a judgment published today the Court of Appeal has upheld a judge’s decision to deny the claimant any recovery against his uncle whose dangerous driving caused him a serious head injury. The claimant and the driver, his uncle, had carried out a theft of some ladders ... [Continue Reading]

The nation's passion for cosmetic enhancement continues apace.  When I was a child we Brits were as perplexed by the American obsession with even shiny white teeth as the Americans were by our yellow snaggly tombstones.  Nowadays simply turning on the television can be blinding.  Every presenter, actor and popstar seems to bare even rows of bright, white veneers.  I am often re... [Continue Reading]

Most people don't know that the NHS has a list of "never events", being a list of preventable events that should never happen.  The October 2012 Never Events Policy Framework defines never events as "serious, largely preventable patient safety incidents that should not occur if the available preventative measures have been implemented by healthcare providers".  The Framework contain... [Continue Reading]

Cynical defendant lawyers regard applications under s 33 of the Limitation Act to extend time for bringing personal injury proceedings as invariably going the claimants’ way.  Some see it as effectively a statutory abolition of the limitation period.    However, the High Court has this week refused an extension for a claimant with lung cancer allegedly caused by his his... [Continue Reading]

  In recent years, the maxim of res ipsa loquitur has fallen out of fashion. Whether this reflects the more robust procedural rules governing disclosure (meaning that the cause of an accident can normally be ascertained) or the modern judicial dislike of distracting and potentially misleading latin epithets, is unclear. The low-point for the doctrine probably came in the judgment of Lord Just... [Continue Reading]

Choosing car seats is an agonising and expensive process for parents.  Group 0? Group 0+? Straight to a Group 2 or via Group1?  Rearward facing to age 4 or forward facing from age 1?  It is confusing, stressful and wrapped up with heavy societal pressure to be a "good parent".  Like seatbelts and cycle helmets the courts have now had to turn their minds to a case... [Continue Reading]

The unanimous judgment of the CA was given by presiding judge Lord Justice Lloyd. Sir Stanley Burnton and Lord Hughes of Ombersley (who has been elevated to the Supreme Court bench since the appeal hearing took place) completed the bench, and the CA partially overturned the decision of Mrs Justice Slade (reported at [2012] EWHC 796 QB). Lord Faulks QC and Angus Piper of 1 Chancery Lane, instructe... [Continue Reading]

Criminal lawyers are often asked how they can bring themselves to defend people who they know are guilty.  Actually, I am asked that not infrequently too...  But the more common dinner party accusation aimed at civil common law lawyers is: "Pft!  Nanny state!  People can sue for anything nowadays!  Don't people have to take some responsibility for themselves?"  I have... [Continue Reading]

Summer school trips were one of the high points of the year when I was a child. I don't think anyone wholly forgets the bubbling anticipation that comes with the prospect of a totally brilliant trip.  Some were better than others.  An adventure weekend to Windermere where we jumped out of canoes and walked rope bridges was amazing.  The day trip to Martin Mere Wetland Cent... [Continue Reading]

I turned 29 this week. As I reminisced about the days when hangovers were a mild inconvenience to be overcome within a matter of hours, my attention was drawn to a recent case arising out of an end-of-GCSE party, a paddling pool and an attempted bellyflop that went tragically wrong. On 20 July 2006, Ryan Cockbill went to a barbeque organised by a friend – Sarah Riley, armed with a 12 pack of... [Continue Reading]