piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

New CPR 3.9 - Ending the "culture of toleration of delay and non-compliance with court orders" and a "different justice"?

Tomorrow as the last working day before April, shall mark the end of an era. Not a particularly long era. But all of fourteen years of the Civil Procedure Rules as we have known them. From the 1st April 2013, the CPR will be significantly altered for every civil litigant. Most pertinently, the Overriding Objective will now include specific reference to undertaking litigation at proportionate ... [More]

Secondary victims and psychiatric injury: what is the relevant event when considering proximity?

The Court of Appeal has recently given judgment in relation to recoverability for psychiatric injury by a “secondary victim”.  In Taylor v A Novo (UK) Ltd [2013] EWCA Civ 194, the claimant brought a claim arising from the death of her mother, who had been injured at work when a colleague had caused a stack of racking boards to fall on her.  The claimant’s mother appeare... [More]

Shut out: The UK Supreme Court’s first "secret hearing"

Bank Mellat v HM Treasury UKSC 2011/0040     The Supreme Court held a hearing in secret today, for the first time in its history.   According to the BBC, the justices spent 45 minutes in a locked session with a security guard stood outside the door to prevent anyone from entering. The hearing was so sensitive that the justices had to leave one courtroom and set up in another w... [More]

Is dissatisfaction with bedroom performance a 'recognisable psychiatric illness'?

The Times reports today that ‘millions of people risk being labelled as mentally ill under new classifications which have prompted calls for a boycott by psychologists (The Times, March 20 2013). The fifth edition of the Diagnostic and Statistical Manual of Mental Disorders is due out in May and it is reported that dozens of new conditions have been created. Thus there is a Generalised Anxie... [More]

New Air Passenger Rights in 2015?

The European Commission has today announced proposals to extend air passenger rights. If approved by member states and the European Parliament, the measures will come into force in 2015. The new measures would include: Clarifying the meaning of ‘extraordinary circumstances’; Requiring airlines to re-route passengers who have been delayed by more than 12 hours, using other air carriers... [More]

Long live the Litigant in Person

Some of the readership may have heard there was a move by the Civil Justice Council to rebrand LiP’s “Self Representing Litigants”.   This is now not going to happen. Lord Dyson, Master of the Rolls has stated:   “The term ‘Litigant in Person’ (LiP) should continue to be the sole term used to describe individuals who exercise their right... [More]

No Laughing Matter

Regular readers of this blog (or bLAWg) may have realised that I am keen on law-related stories from across the Atlantic, having received something of an insight into the Floridian legal system last year. Such readers may also have noted my propensity for posting on Friday as a means of providing some light relief… this post takes up both themes!   New Jersey like the UK has part-t... [More]

Government defeated in Lords over abolition of civil liablity for H&S breaches

The Government’s attempt to remove civil liability for breaches of health and safety regulations suffered a major setback this week when the House of Lords voted down the proposed amendment to the Health and Safety at Work Act which would restrict injured employees to bringing claims against their employers in negligence. Previous entries on this blog have drawn attention to the significa... [More]

Mind the Gap – Part 2

As regular readers will recall, the Health and Social Care Act (HSCA) 2012 received Royal Assent on 27 March 2012. Many of its key reforms take effect on 1 April 2013.   The HSCA has attracted strong opposition from the medical profession. Richard Horton, editor of The Lancet, warned in March 2012 that "people will die" and of “unprecedented chaos” as a result of the reforms t... [More]

After pasties and caravans … CFAs and DBAs?

Is it just me or should we all be concerned about the way in which the legislation to implement Lord Justice Jackson’s recommendations is being introduced?   Why have there been so few announcements about what are, after all, radical and far reaching public policy changes? If we as legal professionals are unsure about the proposed changes, how can we properly advise the public... [More]