piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

From vicarious liability to non-delegable duties...

Some cases are destined for not just one visit to the appellate courts but several. You may remember the case of Woodland v Beryl Stopford and others [2011] EWCA Civ 266. Simon Trigger wrote about it on this blog exactly 1 year ago to the day under the heading ‘We can all now resile from pre action admissions’. It is now back on the issue of non-delegable duties in the contex... [More]

Vicarious Liability for a non-employee - again

XVW & YZA v X School for Girls & Adventure Lifesigns Ltd [2012] EWHC 575 (QB) This action was brought by two Claimants and arose out of a school trip/expedition to Belize in July/August 2005. The Claimants were pupils at the D1 school; they were aged 16 years and 15 years respectively. D2, a UK company, assisted with the planning of the expedition, as well as providing two ex-military adul... [More]

Employee, or not an Employee: that is the question

EL v Children’s Society [2012] EWHC 365 (QB) On 24th February 2012 the decision in EL v Children’s Society was handed down. Whilst it is a first instance decision, the judgment of Haddon Cave J is a useful and interesting read in regard to whether or not acts are carried out in the discharge of employment obligations. The Claimant claimed damages for the sexual abuse he had suffered... [More]

A point of interest!

“Beyond the Fringe” was a great show. Many of the sketches still resonate today. Some of my favourites feature the great Peter Cook musing on judges and miners in "Sitting on the Bench". There were some brilliant reflections - “I would much prefer to be a judge than a coal miner because of the absence of falling coal” and “I could have been a Judge but I never had the... [More]

"Wait... there is something I have just thought of....!"

  In Thompson & Anor v Middleton [2012] EWCA Civ 231, the unsuccessful Defendant in a road traffic personal injury case appealed on the grounds that the judge at first instance dealt inappropriately with a new line of argument from the Defendant’s medical expert pertaining to causation suggested at a quantum only hearing, after causation had been determined in the Claimant’s f... [More]

RTA Fraudsters Beware!

As I expect many will agree, there has been a recent upsurge in the past 12 or so months in cases of alleged fraudulent accidents coming before the courts. Are these sorts of accidents becoming more common? Or are insurer’s simply getting tougher and more bullish in alleging fraud? I think the answer is possibly “both”. There are some typical hallmarks of these sorts of fraud whi... [More]