piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

No duty of care owed by regulators to members of the public following an outbreak of E Coli.

In Summer 2009, Godstone Farm, a petting farm, became the source of a serious outbreak of E Coli 0157. Many children who visited the farm became ill, a number seriously, and some continue to suffer from long-term health problems. The children sued the farm in negligence, for breach of the Occupiers’ Liability Act 1957, and for breach of statutory duty including the Control of Substances Ha... [More]

CFAs prior to 1st April 2013 - will the old or new rules apply?

What do you have to do to ensure that Parts 43 to 48 of the existing rules continue to apply to CFAs entered into before 1st April 2013? Do advocacy or litigation services have to be provided before 1st April 2013 or not? For the existing rules to continue to apply to CFAs entered into before 1st April 2013 what needs to be done prior to 1st April 2013 will depend on whether you are acting under... [More]

Post Jackson CPR Amendments published – a brave new world?

The Civil Procedure Rule Committee has published CPR amendments due to come into force on 1st April 2013. Some of the key provisions for PI practitioners are as follows:- Amendment to the Overriding Objective The overriding objective will become not just “to deal with cases justly” but also “at proportionate cost”; and the definition of “dealing with a case justly&... [More]

English RTA Victim Sues MIB for Injuries in Accident Abroad: Applicable Law for Assessment of Damages?

    Bloy & Ireson v MIB [2013] LTL (QB, Manchester DR). This case arose out of a road traffic accident in Lithuania in which the Claimants (the First Claimant, a child, in particular) suffered very serious injuries. The Claimants were UK nationals domiciled in England. The tortfeasor, a Lithuanian national domiciled in Lithuania, was drunk at the time of the accident and was uninsu... [More]

Applicable Law in Tort under Rome II and English Case Management Decisions

    It’s one of the oldest chestnuts in private international law and has been brought into sharper focus by the Rome II Regulation on applicable law in tort. Assume that the English Claimant is catastrophically injured in a road traffic accident in France. The Claimant sues the tortfeasor’s French insurer in the English Courts (in line with his right to do so under section... [More]

Claimant’s solicitors pay wasted costs in RTA case

  The defendant insurers in the case of Rasoul v Linkevicius (5th October 2012, Unreported), successfully obtained a wasted costs order against claimant solicitors in an RTA claim. The case is a warning to claimant solicitors in RTA claims where there is an allegation of fraud and parties/witnesses who do not speak English. For defendants it is a lesson in how clear allegations set out from e... [More]

RELIEF FROM SANCTIONS

My sangfroid is always tested whenever an opponent smugly submits: “Well, X can always sue his solicitor”.   Really.  What use is that?  Jobs for the boys (and girls).  How is justice served by promoting satellite litigation?   In Sowerby v Charlton [2006] 1 WLR 568, the Court of Appeal approved a dictum of  Sumner J in Braybrook v Basildon & Thurrock ... [More]

Pragmatic case management

  Matharoo v Medayway NHS Foundation Trust (2013) Judge Swift’s pragmatic case management decision in the case of Matharoo v Medayway NHS Foundation Trust (2013) was reported on Lawtel yesterday. The decision is an illustration of the overriding objective being applied so as to progress the claim whilst, so far as possible, achieving an equal footing between the parties.   The a... [More]