piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Foreign Law in the English Courts

A number of the English lawyers who conduct PI litigation in cross-border cases have warned that the full implications of the Rome II Regulation (864/2007) – and the impact that it has on the assessment of damages awarded to English Claimants by English Judges – have yet to be felt. By way of recap, Rome II provides (in Article 15(c)) that once the applicable law of the tort has b... [More]

Fixed Costs and Part 36 Offers

What is the effect of a claimant’s ‘beaten’ Part 36 Offer upon their costs in a low value personal injury case within the RTA or EL/PL Protocol where claimants' costs are fixed pursuant to CPR 45? This has been a vexed question since the introduction of the fixed costs regime , but one the Master of the Rolls giving the sole judgment of the Court of Appeal in Broadhurst & An... [More]

A predictable revolution: Knauer v Ministry of Defence in the Supreme Court

The Supreme Court has today handed down its judgment [2016] UKSC 9 in the 'leapfrog' appeal to it from the decision of Bean J in Knauer v Ministry of Defence [2014] EWHC 2553 (QB). Bean J's decision is available on BAILII at http://www.bailii.org/ew/cases/EWHC/QB/2014/2553.html and the Supreme Court's decision is at http://www.bailii.org/uk/cases/UKSC/2016/9.html. Permission for the 'leapfrog' app... [More]

The root of the issue - Highway authority has no duty to remove moss and algae from its footpaths

  Does the duty to maintain the highway under section 41 of the Highways Act 1980 extend to the removal of moss, algae and other equivalent substances from the footpaths and carriageway? This was the question which came before Haddon-Cave J in Rollinson v Dudley MBC (2015) EWHC 3330 (QB). The answer - a resounding 'no'.   Mr Rollinson was walking along a short footpath near to ... [More]

Part 36 Offer: derisory or genuine?

The case of Jockey Club Racecourse Ltd v Willmott Dixon Construction Ltd  [2016] EWHC 167 deals with two interesting questions: (1) does a Part 36 offer have to reflect an available outcome in the litigation to be valid? (2) when is it a genuine attempt to settle liability?  The case concerned a defective roof at the racecourse at Epsom. The claimant offered to settle the issue of liabil... [More]