piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Delayed flight claims: Clear for takeoff (2/2)

The ECJ dealt a hammer blow to European airlines this morning in the long-awaited joined cases of TUI and Nelson (Cases C-581/10 and C-629/10). The full text will be available shortly but judging by the press summary, the Court has adopted almost verbatim the Opinion of Advocate General Bot.  This case confirms the decision in Sturgeon (Case C-402/07) that where an air carrier operates o... [More]

The Court’s Indulgence and Litigants in Person

One of the more widely promulgated arguments against the legal aid cuts and reform of civil justice funding is that any savings will be eclipsed by the additional costs to the courts and to other parties caused by an expected rise in Litigants in Person (“LIPs”).   Already, most litigators have faced the tribulations involved in facing a LIP opponent. Inappropriate orders are soug... [More]

Airlines adopt the brace position in TUI/Nelson (1/2)

European airlines are bracing themselves this morning for the ECJ's judgment in the joined cases of TUI and Nelson (Cases C-581/10 and C-629/10) – expected at 9.30am. This will confirm whether or not airlines are liable to compensate passengers of delayed flights in the same way as if the flight had been cancelled. Recap EC Regulation No 261/2004 (the so-called ‘Denied Boarding Reg... [More]

Government Amendment Removes Civil Liability for Breaches of EL Regs ... or does it?

The most eagle-eyed observers of Parliamentary process might have spotted a very recent Government amendment to the Enterprise and Regulatory Reform Bill (which is presently passing throught its Committee stages in the Commons).   If the amendment survives the legislative process it might have a very significant impact on all EL claims – apparently seeking to remove entirely civil liab... [More]

JURISDICTION, CONSUMER PROTECTION, CRUISING BY FREIGHTER AND A MOONLIGHT FLIT (FROM AN AUSTRIAN HOTEL)

     Peter Pammer sounds like the name of a character from a (badly written) sitcom, but is in fact the name of an Austrian with an eye for a bargain. While searching online for a cheap holiday, Mr Pammer alighted on the website of a German Company: Internationale Frachtschiffreisen Pfeiffer GmbH. This entity acted as an intermediary for the sale of an unlikely sounding voyage (a h... [More]

Quantifying Future Loss of Earnings: Ward v Allies & Morrison Architects [2012] EWCA Civ 1287

At the quantum only trial of a personal injuries matter, HHJ Cleary held that he did not have sufficient evidence pertaining to the claimant’s level of likely future earnings and the likely duration therof. Nor was he satisfied that the claimant was disabled. Accordinly, the trial judge made a lump sum award of £30,000 to allow the claimant to retrain following Blamire v South Cumbria ... [More]

Court approves settlement of CP claim including lump sum of £1.6 million

The Court today approved a settlement of a claim by a 16 year-old boy suffering from cerebral palsy resulting from a negligent delay in performing a Caesarian Section. The Claimant had previously established liability at a trial of a preliminary issue. The Claimant was to recover : (i) a lump sum of £1.8m; (ii) an annual periodical payment linked to RPI for life starting at £4500... [More]

Mr Ten Percent: Resolved

Further to Ivor and Simon's postings, this morning the Court of Appeal modified its ruling in Simmons v Castle as to how the 10 per cent increase in general damages recommended by Lord Justice Jackson will be applied.   The Court of Appeal made clear that Claimants who entered into CFAs before 1st April 2013 (who have the benefit of the current funding regime) will not benefit from this uplif... [More]

Rylands v Fletcher up in smoke?

In the recent case of Stannard v Gore [2012] EWCA Civ 1248 (judgment 4.10.12) the Court of Appeal took on the herculean task of reviewing several hundred years of case law in order to answer the following: Will a landowner be liable for the damage caused by fire which (through no fault of his own) ‘escapes’ from his land? Judgment runs to 170 paragraphs in 62 pages, and ... [More]

BAN SPAM !

No doubt many of you, like me, regularly receive irritating text messages and emails soliciting compensation for personal injury and missold PPI; irrespective of whether you have been involved in an accident or purchased payment protection insurance. Many of you, like me, wonder how on earth these ‘spammers’ have managed to get hold of your details and how much the companies that are u... [More]