piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

The end of expert witness immunity - another significant contribution by the City of Liverpool to the law of tort.

  On the 14 March 2001 Paul Wynne Jones was stationary on his motorcycle, waiting to turn at a road junction in Liverpool, when he was struck by a car driven by Mr Bennett. Mr Bennett was drunk, uninsured and driving whilst disqualified. Mr Jones suffered significant physical and psychiatric injuries including post traumatic stress disorder (PTSD), depression, an adjustment disorder and assoc... [More]

Personal injury damages, a cunning new way of increasing claim value

It seems to me that claimant lawyers have done all they can to raise the quantum of personal injury claims on the care side of the special damages spectrum (we have long been familiar with the concepts of 24 hour paid care; "night awake" carers; 2 carers for certain types of claimant; private medical treatments; adapted properties; adapted vehicles; spare wheelchairs, etc ... [More]

Credit Hire: The Never-Ending Story

It is coming up to nine years since the CA gave judgment in the conjoined test appeals in Clark v Ardington & Others. Many had hoped that their Lordships decision would have put an end to the ongoing battle between the motor insurers and the credit hire industry. It did not. In fact, in many respects Clark gave rise to an increase in the volume of claims proceeding in the county courts on sate... [More]

How far do you have to go to prove that someone is a malingerer...?

The answer is: quite far – If you read the recent judgment of Field J in the case of Noble v Owens [2011] EWHC 534 (QB). For those who can’t be bothered to trawl through 30 pages, here are the facts. C sustained severe personal injury in a motorcycle accident. Liability was admitted and damages were assessed in 2008 in the sum of almost £3.4million.  C bought a property wit... [More]

Transsexual seeking NHS breast augmentation loses appeal

In R (on the application of AC) v Berkshire West PCT [2011] EWCA Civ 247 the Court of Appeal has dismissed the appeal of a male to female transsexual who was seeking NHS funding for breast augmentation surgery.  In 1996 AC was diagnosed with Gender Identity Disorder (GID).  The PCT provided AC with hormone replacement therapy and was prepared to fund genital reassignment surgery, which A... [More]

Smile... you're on candid camera!

In the Judicial Studies Board Annual Lecture yesterday Lord Neuberger, Master of the Rolls, considered the issue of open justice and, in doing so, revisited the contentious question of cameras in court.  In a compellingly argued lecture, he expressed the view that "if we wish to increase public confidence in the justice system, transparency and engagement, there is undoubtedly something to be... [More]

We can all now resile from pre action admissions

In Woodland v Stopford [2011] EWCA Civ 266 handed down today the Court of Appeal again considered the law on resiling from pre action admissions when it dismissed an appeal by the Claimant of the decision of HHJ Holman who had permitted the Defendant to resile from their pre action admission. The claim arises as a result of the infant Claimant suffering an hypoxic brain injury durin... [More]

Spring is in the air

Be warned. Now that spring is here the flower police are out in force. Police were called out on Sunday to Whitecliffe Park in Poole when two children were spotted by an eagle eyed local resident picking daffodils and daisies. The childrens parents were warned by police that they were committing criminal damage by picking flowers. The parents who were at all times with the chil... [More]

Safety on the slopes

I have recently returned from a long weekend in the Three Valleys, thankfully with all limbs and joints operating as they ought to.  My first skiing experience was in 2006 and this year has definitely presented the most challenging conditions I have encountered.  Little snowfall (or "Few Snow" as the signs charmingly declare at the top of some runs), warm conditions and use of articifici... [More]

Causes and effects: The Supreme Court decision in Sienkiewicz and Willmore

The Supreme Court today handed down its judgments in two linked mesothelioma appeals: Grief (UK) Ltd v Sienkiewicz and Knowsley MBC v Willmore [2011] UKSC 10.  In doing so it made a number of important findings on the law of causation in tort generally as well as the special Fairchild rule applicable in mesothelioma cases.  It also doomed counsel appearing in future indust... [More]