the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Everything's Bigger in Texas

As a bit of light relief for a Friday afternoon... the indomitable Professor Gary Slapper in the Times gave me cause to laugh last week.   Whilst we in UK are getting our proverbial knickers in a twist in what the a member of the Government may or may not have said to a policeman outside 10 Downing Street, compare this alleged outburst with that from a member of the judiciary...   .. Ok ... [More]

Holidays (and hotels) from Hell - The duty to warn

"To many people holidays are not voyages of discovery, but a ritual of reassurance" (Phillip andrew)   So it was with the Russell family, who took their 4 year old daughter  - the Claimant -  on her (and the family's) first ever holiday together to a Hotel in Spain. At the time that the Holiday was booked the Claimant's parents made it clear that they were not seasoned travellers a... [More]

Bankrupt claimant – bankrupt claim?

What happens where a personal injury claimant is made bankrupt part way through the case, or where a bankrupt wishes to bring a claim for personal injury?   Under Section 306 of the Insolvency Act, the bankrupt’s estate vests in his trustee. This includes “property”, which includes things in action. This would cover a personal injury claim, unless the only damages being cla... [More]

Strict liability in workplace claims - the end of the line?

    The Government announced today that it will be introducing legislation before Parliament as early as next month amending the Health and Safety at Work Act to abolish strict liability for breaches of Health and Safety regulations. If the legislation is passed, employers will only be liable where fault is proved. By way of example, this would mean that in future there may be no strict... [More]

ABI takes on the Senior Judiciary over 10% double whammy

On 27 July Simon Readhead QC – always vigilant, always at his desk (even in the vacation) – posted on these pages news that the Court of Appeal had slipped a surprise judgment through at the start of the summer holiday season in which they announced a 10% increase in general damages awards across the board with effect from next April.  This change was intended to dovetail with t... [More]