piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Court of Appeal Judgment - Lougheed v On the Beach Limited [2014]

Court of Appeal re-emphasises the need for evidence of local standards in cases brought under the Package Travel, Package Holidays and Package Tours Regulations 1992. On 27 November 2014, the Court of Appeal handed down judgment in Lougheed v On the Beach Limited [2014] EWCA Civ in which I acted for the Appellant. The claim arose out of a slipping accident which took place in Spain. At first insta... [More]

Schedules and the Gadget Generation 2: Activity Apps and Damages

Judges and practitioners alike are routinely confronted with substantial claims for care and assistance following an accident, with claimants alleging that their injuries have restricted their ability to carry out various domestic chores.  Further, awards of general damages include considerations of loss of amenity, for example where a claimant complains that they are unable to exercise or en... [More]

Compensating an injured foetus?

In what circumstances is an unborn child entitled to compensation for injuries caused by a mother? That is the question facing the Court of Appeal today. A mother drank heavily during pregnancy despite warnings from social workers and antenatal medical staff that it risked harming her unborn baby. The baby was born with foetal alcohol syndrome and has since suffered from developmental problems.... [More]