piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Uninsured Drivers & Accidents Abroad : Damages & Applicable Law

Jacobs v MIB [2010] EWCA Civ 1208   The appellant, (J) was a resident of the United Kingdom; he was injured when he was struck by a car driven by an uninsured driver in Spain. J appealed against a decision that the respondent Motor Insurers' Bureau (M) was obliged to pay him compensation in accordance with Spanish law.   J sought to recover compensation from M under the Motor Vehicl... [More]

Limitation Periods and Abuse of Process

The Court of Appeal has recently attempted to bring some clarity to this area of the law which had become extremely complex.   The Historical Perspective The House of Lords in Horton -v- Sadler (2006) UKHL 27, overturned Walkley -v- Precision Forgings Ltd (1979) 1 W.L.R. 606, and held that s.33 of the Limitation Act 1980 gave a wide and unfettered discretion in relation to the second acti... [More]

Part 36 and time-limited offers

Since the new Part 36 regime came into force many parties continue to make old style offers which are specifically expressed to be open for 21 days.   Such offers conflict with the new provision that Part 36 offers can, broadly speaking, be accepted at any time until the trial has started (36.9(2)) unless they are withdrawn.   So how are litigants supposed to treat offers which say o... [More]

No Human Rights Act duties in Fatal Accidents Act claims

In Morgan v Ministry of Justice [2010] EWHC 2248 QB the High Court has rejected an attempt to introduce Human Rights Act type duties into Fatal Accidents Act claims. The deceased claimant committed suicide whilst receiving treatment in the hospital wing of prison. The hospital wing was run by the NHS and not the Prison Service. The deceased’s estate brought a claim against the Prison Service... [More]

Adverse medical events still go unrecorded

The 2010 Dr Foster’s Hospital Guide published on 28 November 2010 confirms that many adverse medical events still go unrecorded. Now in its tenth year, the Guide is a joint venture with the Department of Health and provides a valuable public service by researching and analysing the data recorded by NHS hospital trusts in England in relation to adverse medical events.   This years Gui... [More]

Lies, fraud, exaggeration and costs

Laws LJ suggested in Molloy v Shell UK Limited [2001] EWCA Civ 1272 that lying or grossly exaggerating claimants could be guilty of “a cynical and dishonest abuse of the court’s process” and questioned whether, when “faced with manipulation of the civil justice system on so grand a scale, the court once it knows the facts should entertain the claim at all save to make the c... [More]

How quickly should an emergency caesarian section be performed? Goncalves v Newham University Hospital Trust

The cerebral palsy case of Goncalves v. Newham University Hospital Trust (QBD, Mr. John Leighton Williams Q.C. sitting as a Deputy High Court Judge 24.11.10) discusses the important question of how quickly an emergency caesarean section should be performed. The Claimant, Macmillan, a second twin, was born at 19.47 hrs on 19.01.96 at Newham University Hospital and suffers from teraplegic dyskineti... [More]

Savage v South Essex Partnership NHS Foundation Trust: will the Court of Appeal agree with the first instance decision?

In Anna Savage v South Essex Partnership NHS Foundation Trust [2010] EWHC 865 (QB), the Claimant claimed a declaration and damages under the Human Rights Act 1998 after her mother Carol Savage (“CS”), a patient detained in a psychiatric ward under the Mental Health Act 1983, absconded and committed suicide in July 2004.  The case had already been to the House of Lords on a prelimi... [More]

St William's Group Litigation - Claimants fail to establish liability on appeal

Claimants, in what has been described as one of Britain’s biggest sex abuse compensation claims, have failed to establish liability against a lay religious order providing Brothers to work at a residential institution known as St William’s, Market Weighton. The 150 Claimants failed to establish that the De La Salle Order was vicariously liable for the alleged acts of abusers at St Will... [More]

Micklewright v Surrey County Council - Causation in the context of tree branch cases

His Honour Judge Reid QC yesterday handed down judgment in the case of Joanne Micklewright (as Executrix of the estate of Christopher John Imison, Deceased) v Surrey County Council in the Guildford County Court. The Claimant was the executrix of the Deceased, who had tragically been killed when struck by a large branch which fell onto him from an oak tree on the verge of Wick Road, Virginia Water... [More]