the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

“Safe sex” – Part 3

Sex activity is “in every sense a personal choice”.   Ordinarily this truism might not find its way into legal submissions and certainly not submissions by the Solicitor-General of the Commonwealth of Australia. However, ordinarily injuries at work do not arise from a “vigorous” sex session in a motel bedroom.   Regular readers will recall the story so far... [More]

Personal Injury practices safe 'at this stage'

“Will they or won’t they?” has been the question for many personal injury lawyers wondering whether their practices were about to disappear into oblivion with the raising of the small claims limit. The question has now been answered: “not at this stage”. The government clearly thinks that it would be good to raise it. However it does not intend to do so ‘at this... [More]

Delegation, delegation, delegation, that's what you need: Woodland v Essex CC in the Supreme Court

The Supreme Court has today (October 23rd 2013) handed down its unanimous decision in Woodland v Essex CC [2013] UKSC 66, reversing the decisions of the lower courts, and holding for the first time that a school (or, in the case of a maintained school, a local education authority) owes a non-delegable duty to the children in its care. The case arose from brain injury suffered by the claimant, who ... [More]

A Handbook for Litigants in Person Published

The Judiciary of England and Wales have sought to pre-empt the predicted wholesale increase in litigants-in-person by publishing what it has modestly titled ‘A Handbook for Litigants in Person’. I say “modestly” as it runs to some 170 pages and appears on a first read through to be extremely comprehensive. Indeed the learned editors have gone so far as to provide the wou... [More]

CA suggest no need for causation in HRA claims?

The Court of Appeal has given judgment in Sarjantson v The Chief Constable of Humberside Police [2013] EWCA Civ 1252, an important and interesting decision on the operation of police officers’ duties to protect citizens under the Human Rights Act 1998 (“HRA”).   Mr Sarjantson (“C”) was attacked and injured by a group of young men armed with baseball bats and bric... [More]

Managing Children's or Patient's Settlements and not winning the lottery

Generally speaking, the courts are swift to afford parents with the responsibility of administering a settlement of damages on behalf of their child. Indeed, there is careful provision in our legal system to afford such unfortunate parents with mechanisms to do this, albeit with supervision. The system obviously is not flawless.   Surely mostly the money is spent wisely and on behalf of the ... [More]

Punching inanimate objects and common sense

In 2010 Lewis Pierce was nine and a half years old and one day was playing at school with his younger brother George; both boys went over to a water fountain and George sprayed Lewis with water. George, seemingly not seeing the funny side then attempted to punch his brother, who being a sensible lad moved out of the way. Lewis missed George and ended up hitting the water fountain, cutting his ri... [More]

A busy day in Gwent

Yesterday’s Guardian reported that Cwmbran magistrates’ court was closed for all normal business due to the court having to deal with 86 people, mainly from just two valleys in south Wales, being accused of taking part in one of the UKs largest “cash for crash” frauds. The charges ranged from single counts of conspiracy to defraud insurance companies to conspiracy to steal, receiving stolen goods... [More]

What is a Montreal Convention "Accident": recent Court of Appeal guidance

Ford v Malaysian Airline System [2013] EWCA Civ 1163 (27 September The Claimant was travelling on the Defendant’s scheduled flight from Heathrow to Melbourne, via Kuala Lumpur. She fell asleep during the flight and woke up at 6am and went to the toilet. She found that she was unable to urinate, which she attributed to her pre-existing cystitis. Her cystitis medication was inaccessible, havi... [More]