piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Negligence, false imprisonment and a surprising decision on contributory negligence: Liability of a taxi driver to a passenger detained in his vehicle injured jumping out

The case of Hicks v Young [2015] EWHC 1144 (QB) is extremely sad based, as the judge found, on a tragic misunderstanding between a taxi driver and his young passenger.  The taxi driver formed the view the claimant and his girlfriend were going to run off without paying so drove away from the claimant's home with him still in the vehicle, intending to "teach him a lesson".  The judge foun... [More]

New law - fundamental dishonesty in PI claims

The government brought into force last week a new law preventing claimants from recovering damages for personal injury when they have been fundamentally dishonest, unless it would cause substantial injustice. In the case of Summers v Fairclough Homes Ltd  [2012] UKSC 26 the claimant was injured in an accident at work and claimed more than £800,000 from his employer. Surveillance reveale... [More]

Personal Injury and the Party Manifestos

Is there anything in the parties' manifestos which might affect the field of personal injury? Reforms since 2010 include a new fixed costs regime, costs management/budgeting and greatly increased court fees. Civil liability has been removed for breaches of health and safety regulations. But what is being promised for the future? The Conservative Manifesto includes a pledge to reform human r... [More]

Employer not liable for employee killed in air disaster

Yesterday, Mr Justice Coulson delivered an extensive judgment in the case of Cassley and Others v GMP Securities Europe LLP & Sundance Resources Limited [2015] EWHC 722 (QB), in which he dismissed the claim for damages brought by the estate of the Deceased (James Cassley) against his employer (GMP) and its client (Sundance), an Australian mining company, who chartered the ill-fated flight. Thi... [More]