Prosecution of PI Fraud by Thomas Crockett

Any regular reader of the PIBlawg will be aware that I have an interest in fraudulent personal injury claims, being involved as I am in numerous cases where a vast range of fraud is alleged by Defendant parties (also see http://bit.ly/1vRcuWT; http://bit.ly/1znwXHI; http://bit.ly/1GokHKm).   In recent years there appears to have been a change in culture of insurers, who are far more prep... [Continue Reading]

Rome II and the Law of the Tort by Matthew Chapman

Those with an interest in the Rome II Regulation (there must be someone else out there) may already be familiar with the recent decision of Slade J in Winrow v Hemphill & Anor. [2014] EWHC 3164 (QB). This short piece focuses on one aspect of the judgment. First, however, a quick recap. The claim arose out of a road traffic accident in Germany in November 2009. The Claimant was a UK national, d... [Continue Reading]

Compensating an injured foetus - the CA's decision by Ian Miller

Can a child make a claim to the Criminal Injuries Compensation Authority in circumstances where it has been injured by its mother’s excessive alcohol consumption during pregnancy? What duty of care is owed by a mother to her unborn child? The Court of Appeal has ruled* that a child could not claim compensation from the CICA. It was not disputed that the child suffered from an injur... [Continue Reading]

Whiplash and fraudulent claims by Ian Miller

The justice secretary spoke to the Association of British Insurers yesterday telling them about the new panels of medical experts in whiplash claims, reported The Times today. The government’s plans for such panels have long been known about but he announced that accredited experts would be allocated randomly to cases going through the Portal. He said there was an expectation that there woul... [Continue Reading]

Court of Appeal Judgment - Lougheed v On the Beach Limited [2014] by Sarah Prager

Court of Appeal re-emphasises the need for evidence of local standards in cases brought under the Package Travel, Package Holidays and Package Tours Regulations 1992. On 27 November 2014, the Court of Appeal handed down judgment in Lougheed v On the Beach Limited [2014] EWCA Civ in which I acted for the Appellant. The claim arose out of a slipping accident which took place in Spain. At first insta... [Continue Reading]

Schedules and the Gadget Generation 2: Activity Apps and Damages by Rhiannon Lewis

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... [Continue Reading]

Compensating an injured foetus? by Ian Miller

In what circumstances is an unborn child entitled to compensation for injuries caused by a mother? That is the question facing the Court of Appeal today. A mother drank heavily during pregnancy despite warnings from social workers and antenatal medical staff that it risked harming her unborn baby. The baby was born with foetal alcohol syndrome and has since suffered from developmental problems.... [Continue Reading]

Schedules, Counter Schedules and the Gadget Generation by Simon Readhead QC

    No self-respecting Schedule of Loss is now complete without a hefty claim for “Assistive Technology” items. The response in most Counter Schedules is that the Claimant is likely to have possessed all or some of the items being claimed in any event. The fact is that UK parents now spend a combined £2.25 billion a year or just under £300 per year per household... [Continue Reading]

Handle with Care! by Simon Readhead QC

  “Handle with Care” will be best known to fans of the Traveling Wilburys as the first track on the group’s 1988 album, “Traveling Wilburys Vol.1”. It is also the key message of the fifth annual “State of Care” report by the Care Quality Commission (CQC) issued on 17 October 2014.   https://www.gov.uk/government/uploads/system/uploads/attac... [Continue Reading]

Shooting Admiral Byng by Ian Miller

Admiral Byng was held responsible for the loss of Minorca in 1756. He was relieved of his command, court martialled and shot by a firing squad. Voltaire remarked of the decision to shoot him that it was beneficial to kill an Admiral from time to time “pour encourager les autres”. Although Hildyard J. made reference to Admiral Byng in his judgment in the case of Caliendo v Mishcon de Re... [Continue Reading]

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