the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

TR v Devon County Council: Court of Appeal Judgment in Highways Claim

The unanimous judgment of the CA was given by presiding judge Lord Justice Lloyd. Sir Stanley Burnton and Lord Hughes of Ombersley (who has been elevated to the Supreme Court bench since the appeal hearing took place) completed the bench, and the CA partially overturned the decision of Mrs Justice Slade (reported at [2012] EWHC 796 QB). Lord Faulks QC and Angus Piper of 1 Chancery Lane, instructe... [More]

Personal responsibility, unfortunate accidents and the liability of occupiers

Criminal lawyers are often asked how they can bring themselves to defend people who they know are guilty.  Actually, I am asked that not infrequently too...  But the more common dinner party accusation aimed at civil common law lawyers is: "Pft!  Nanny state!  People can sue for anything nowadays!  Don't people have to take some responsibility for themselves?"  I have... [More]

"In Loco Parentis": the liability of schools when disaster strikes

Summer school trips were one of the high points of the year when I was a child. I don't think anyone wholly forgets the bubbling anticipation that comes with the prospect of a totally brilliant trip.  Some were better than others.  An adventure weekend to Windermere where we jumped out of canoes and walked rope bridges was amazing.  The day trip to Martin Mere Wetland Cent... [More]

Cockbill v Riley: Youthful exuberance and the test of foreseeability

I turned 29 this week. As I reminisced about the days when hangovers were a mild inconvenience to be overcome within a matter of hours, my attention was drawn to a recent case arising out of an end-of-GCSE party, a paddling pool and an attempted bellyflop that went tragically wrong. On 20 July 2006, Ryan Cockbill went to a barbeque organised by a friend – Sarah Riley, armed with a 12 pack of... [More]

A jackdaw’s nest, a curate’s egg, a tinkerer’s charter and Winston Churchill’s pudding: Health and Safety in the House of Lords - Part 1

  Question: Which is the odd one out? Answer: The first one; all the others were used by peers to describe the Enterprise and Regulatory Reform Bill at its Second Reading in the House of Lords. There is no doubting the Bill’s breadth. Everyone could agree on its heterogeneity: detractors called it a “hotchpotch”, a “patchwork”, “piecemeal”, “ra... [More]