piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Delaney v Secretary of State for Transport - the “crime exception" is contrary to EU law

The High Court has held that the “crime exception", contained in clause 6(1)(e)(iii) of the Uninsured Drivers' Agreement 1999, is in breach of the United Kingdom's obligations under the EU Motor Insurance Directives and that the claimant is entitled to Francovich damages as a result therof ([2014] EWHC 1785 (QB); see www.bailii.org/ew/cases/EWHC/QB/2014/1785.html).   Given the wide... [More]

No sudden outburst of honesty by under-compensated miner

The Court of Appeal has recently upheld a County Court Judge’s decision to award damages to a former miner who complained that he had been under-compensated in an industrial injury scheme.  One of the reasons given was that the Defendant’s explanation for the Claimant’s conduct was implausible in relying on a steady state of dishonesty interrupted by a brief “outburst ... [More]

Drug dealer’s injury damages bonanza

In a result which the judge acknowledged had scope to cause some serious head-scratching among ordinary members of the public, a drug-dealer has recently succeeded in a damages claim against the UK government because domestic legislation denied him the ability to obtain compensation from a motor insurer after he suffered injuries in a road traffic accident. The claimant had previously failed at t... [More]

Fighting Fraud - paying off for motor insurers and their customers?

Recent growth has been seen in the litigation market in the field of allegations of fraud in road traffic accident cases. Insurers (particularly certain insurers) have latterly been far more confident in fighting claims where there is good evidence of something untoward: dishonesty, such as contrived accidents, phantom passengers or exaggerated medical symptoms.   This strategy appears to b... [More]

Less of the Male, Pale and Stale? Judicial Appointment Statistics Published

The Bar is quite properly concerned about diversity amongst its ranks. However attention yesterday was paid to diversity amongst those who sit a little higher up than counsel in court.   The 10th set of Judicial Appointments Commission Statistics on this subjecty were published on 5 June 2014. They show change is slowly occurring as more women than ever have been appointed to judicial off... [More]

Mitchell convoy approaching!

The Law Society Gazette has reported that the Court of Appeal is due to hear three consecutive appeals on Mitchell related issues. The cases are due to be heard on 15th and 16th June and are intended to give some clarity for lawyers in what has become an unpredictable landscape. The cases to be heard are Utilise TDS Limited v Davies, Decadent Vapours Ltd v Bevan & Ors A3/2014/0767 ... [More]

Legislating for "Statutory Common Sense" and Personal Injury Litigation?

A court considering a claim in negligence or breach of statutory duty may, in determining whether the defendant should have taken particular steps to meet a standard of care (whether by taking precautions against a risk or otherwise), have regard to whether a requirement to take those steps might— (a) prevent a desirable activity from being undertaken at all, to a particular extent or in ... [More]