piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Service of supplementary witness statements in a post-Mitchell world

In many cases the Court orders parties simultaneously to exchange witness statements. The rationale is clear: sequential exchange may well give one party an unfair advantage in terms of the ability to tailor the content of their own statements in response to the statements served by the other side. The corollary of simultaneous exchange, however, is that one party will often seek to adduce a suppl... [More]

Rescued from an error of procedure

Rule 3.10 rescues parties where “there has been an error of procedure such as a failure to comply with a rule or practice direction”. Where it applies “the error does not invalidate any step taken in the proceedings unless the court so orders”. The question therefore is when an error is merely an error of procedure and when it is such an error that it is irremediable. In ... [More]

Jackson on Jackson

“It was no part of my recommendations that parties should refrain from agreeing reasonable extensions of time, which neither imperil hearing dates nor otherwise disrupt the proceedings” said Jackson L.J. in Hallam Estates Limited v Teresa Baker [2014] EWCA Civ 661. In Hallam the claimants (paying parties) asked for an extension of time for filing their points of dispute in proceeding... [More]

Fatal Accident Claims and Applicable Law of the Tort: Cox v Ergo Versicherung AG [2014] UKSC 22

Introduction The claim arose out of fatal road traffic accident in Germany on 16 March 2004 in which the Appellant’s husband was tragically killed after being hit by a car whilst riding his bicycle. The driver of the car was German and was insured by the Respondent, a German insurance company, which admitted liability at an early stage. This was an Odenbreit-style claim brought, as German la... [More]

Private International Law and PI: final gasps of the 1995 Act?

As we move further and further away from 11 January 2009 (the date of application of the Rome II Regulation (EC No 864/2007) which governs applicable law in tort: see, Homawoo v GMF Assurances SA [2012] Case C-412/10) we see less and less of Part III of the Private International Law (Miscellaneous Provisions) Act 1995 (the domestic statute which used to govern these matters before the European Uni... [More]