piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

The global scope of employer's liability

    It is trite law that an employer’s duty to its employees is non-delegable. The duty is to take reasonable care to see that the employee is not exposed to unnecessary risk. In the vast majority of cases, the scope and content of this duty will be easy to define, since the accident will have occurred on premises owned or controlled by the Defendant. In perhaps a minority of case... [More]

Holding out for the Heroism Bill

The Social Action, Responsibility and Heroism Bill (dubbed by some the “Sarah Bill”) is being returned to the House of Commons, with amendments, following its final reading in the House of Lords on 6 January 2015. The much-maligned and exceptionally brief Bill seeks to introduce a requirement that courts deciding negligence and/or breach of statutory duty cases and in determining the s... [More]

Railing against expanding highway authorities' duties of care

  There is a very useful discussion in the recent case of Foulds v Devon County Council about the nature of a highway authority’s common law duty to road users.   The issue in the case was whether a highways authority had assumed a common law duty of care to road users in respect of railings erected on a low wall between the highway and a steep drop. A cyclist lost control and... [More]

A prediction for 2015: costs budgeting is doomed

With the new year come predictions as to what will happen in 2015. Tom Standage of the Economist predicts that our smart phones will become smarter with the use of anticipatory or predictive intelligence - our phones may suggest we leave earlier for a dinner date if the traffic is bad or offer sending a message to other participants if we are late for meetings. Paul Lee of Deloittes predicts drone... [More]

Application of Procedural Rules and Litigants-in-Person

There can be little doubt that modern litigation involves the increased presence of people representing themselves in court. Particularly amongst some kindlier judges (in all courts) there could be said frequently to be a culture of benevolence towards such litigants-in-person when it comes to non-compliance with the Civil Procedure Rules and other procedural rules.   This can lead to si... [More]