piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

CRO's: When is it time to go for 'the General'?

Some of you in the world of personal injury and clinical negligence may have had the misfortune of encountering vexatious litigants. Those litigants where another file opens, before the last file is closed - where much time, money and energy is spent on claims and applications that are eventually struck out as being totally without merit.   Following the case of Russell West v Gary Taylor-D... [More]

Abolition of civil liability for H&S statutory duties comes into force on 1st October 2013

The Commencement Order bringing into force the abolition of civil liability for breach of duty under health and safety regulations has been made (see the Enterprise and Regulatory Reform Act 2013 (Commencement No. 3 Transitional Provisions and Savings) Order 2013/2227). Section 69 of the 2013 Act, which repeals civil liability, will come into force on 1st October. NB - the repeal does not ap... [More]

Failure to file costs budgets: a recent example in practice

Pursuant to CPR 3.12 and 3.13, unless the Court orders otherwise all parties (unless they are litigants in person) in a multi-track case commenced after 1st April 2013 must file and exchange costs budgets. The date for doing so will either be prescribed by the Notice of Proposed Allocation served by the Court pursuant to CPR 23(1) or, in the absence of a specific date, they must be exchanged ... [More]

NO REASONABLE DRUNKS

In the leading case of  Owens v Brimmell [1977] QB 859, a passenger who was injured in a car accident had his damages reduced by 20% because he had accepted a ride with a driver whom must have known had too much to drink. In a much quoted dictum, Russell J held:             “A passenger may be guilty of contributory negligence if ... [More]

Suitability and work equipment: a new test and an even greater burden on employers?

On 23rd April 2013 the Enterprise and Regulatory Reform Act received royal assent. One of the most controversial changes that it will introduce is an amendment to the Health and Safey at Work Act 1974, the effect of which will be to abolish civil liability for breach of the various ‘six pack’ regulations which govern employer’s liability. The regulations can still be relied upon ... [More]

Playing with fire

Do the Fire Services as employers owe duties under health and safety regulations or at common law, or does a  ‘fireground immunity’ exist? These questions were dealt with by Irwin J in the tragic case of the Wembridge Claimants and others v East Sussex Fire and Rescue Service and others [2013] EWHC 2331. Two fire-fighters were killed and a number of people were injured when a cont... [More]