piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Clean air: a claim under Article 2?

In February 2013 nine-year-old Ella Kissi-Debrah from Hither Green in South London died after suffering a severe asthma attack. “Can the courts be used to establish that we have a human right to clean air?” asked Nick Robinson on the Today Programme this morning. A report by Royal College of Physicians has apparently linked 40,000 deaths to pollution each year.  A successful case ... [More]

Trial advocacy fees recoverable even if the matter settles on the day of trial

TRIAL ADVOCACY FEE IS RECOVERABLE, EVEN IF THE MATTER SETTLES AT THE "DOOR OF THE COURT" - NEW DECISION FROM THE APPEAL COURT. The appeal court has found that, even where a matter settles “at the door of the court” and so no effective trial has taken place, the fixed trial advocacy fee is recoverable under CPR Pt 45 Pt IIIA. The court further found that a matter could be disposed ... [More]