piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

The Fashion for Fraud

It is a fact of life for the personal injury lawyer that fraud will raise its ugly head from time to time whether one acts for claimants or defendants.  I have observed an interesting shift over the decade I have been in practice.  Ten years ago judges seemed not only uninterested in suggestions of fraud, but many appeared to find the concept positively distasteful.  I have had judg... [More]

TURKEY VOTING FOR CHRISTMAS?

We are told that motor insurance premiums are at an all time high because of small value personal injury claims and an increase in fraud.  Inevitably the press blame the legal profession and politicians jump on the bandwagon and blame lawyers using CFAs, a means of access to justice which they suddenly forget was introduced by them.  What they also conveniently forget is that lawyers hav... [More]

Artists and events companies beware

The High Court today found a Liverpool events company to blame for the Dreamspace tragedy. Foskett J has found Brouhaha International Limited 55% to blame for the incident which saw a large, tent like, inflatable art structure designed by artist Maurice Agis take off in July 2006, killing 2 and injurying many more. The finding was made in contribution proceedings brought by Chester-le-St... [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]

Exaggerate and risk indemnity costs

In Desai vs North Essex Partnership NHS Foundation Trust [8MA25049; Judgment 19th April 2011, trial 14th February 2011; HHJ Knight QC; Central London County Court) the Court found that exaggeration of a claim could leave a claimant open to an award of indemnity costs against her. Mrs Desai had an incident at work on 28th December 2005 in an NHS psychiatric ward. More...

We are the Village Green Preservation Society, God save Donald Duck, Vaudeville and Variety

The village of East Dean nestles in a fold of the South Downs. It has a duck pond (in fact, several duck ponds), a forge and an excellent pub: the Tiger Inn. It also has a village green. East Dean is a traditional sort of place. It is the home of Summer Fetes, the Women’s Institute and the Royal British Legion. Jam making and Morris dancing are practically compulsory. Most years a maypole is... [More]