the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Jurisdiction and Applicable Law

Brownlie v Four Seasons Holdings Incorporated [2014] EWHC 273 (QB, Tugendhat J) The Claimant brought personal injury proceedings on her own behalf and on behalf of the estate of her late husband arising out of a (fatal) road traffic accident in Egypt. At the time of the accident the Claimant, her husband and other family members were participating in an excursion, booked (off-package) th... [More]

Applicable Law in Tort and the Instruction of Expert Witnesses

Wall v Mutuelle de Poitiers Assurances [2014] EWCA Civ 138; LTL This appeal arose out of a preliminary issue trial on the proper meaning of Articles 1.3 and 15 of the Rome II Regulation in the context of permission to rely on expert (medico-legal) evidence which was to be adduced on behalf of an Englishman who suffered spinal cord injury during the course of a visit to France. Liability was conced... [More]

Chief Coroner gives Guidance about Pre Inquest Review Hearings

      The unpredictability and inconsistency of coroners in their approach to inquests and the hearings that lead up to them has been a common moan for many years amongst those of us who practice in this field.  Pre inquest hearings in particular have been very much an unknown.  Some coroners make extensive use of them, actively case managing the inquest process and ens... [More]

Whispers of change... the potential softening of Mitchell

Pre Jackson and Mitchell, litigants would frequently agree to extensions of time without reference to the court. Provided the extension did not impact the trial date or any forthcoming hearing, then this was common practice and judicial eyebrows were (generally) not raised.   However, following Mitchell this is no longer the case. A failure to comply with the direction is a failure to comply,... [More]

Post-Mitchell: Relief from Sanctions in Practice

As practitioners continue to the grapple with the realities of the post-Mitchell climate, several reported decisions are beginning to demonstrate how the courts are applying the “new more robust approach” to applications for relief from sanctions.  In Durrant v Chief Constable of Avon and Somerset [2013] EWCA Civ 1624, the defendant applied for relief from sanctions in order to... [More]

Scuppered by the Athens Convention

The Athens Convention has long been a trap for the unwary claimant who either doesn’t appreciate that accidents at sea are governed by the Convention or that there is currently a 2 year limitation period. Most of the reported cases on the Convention deal with the consequences of one or both of these mistakes. However the judgment in the case of Feest v South West Strategic Health Authority [... [More]

The Problem with some Uncooperative Litigation Friends

What happens when you are involved in litigation where a party’s interests (either your client or the other side’s) are represented by litigation friend who refuses to cooperate with you or other people involved in the case? In many cases, surely the answer is simply to apply to the court for the recalcitrant litigation friend to be replaced for the best interests of the protected l... [More]