the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Limitation comfort for Local Authorities

A deputy high court judge(Nigel Wilkinson QC) has declined to exercise his discretion under s33 of the Limitation Act 1980 to dis-apply the limitation period in a case where the claimant alleged social services should have taken her into care in the 1970s. Although all the social service records were available, the defendant was prejudiced by the inability to locate and obtain evidence from w... [More]

Artists and events companies beware

The High Court today found a Liverpool events company to blame for the Dreamspace tragedy. Foskett J has found Brouhaha International Limited 55% to blame for the incident which saw a large, tent like, inflatable art structure designed by artist Maurice Agis take off in July 2006, killing 2 and injurying many more. The finding was made in contribution proceedings brought by Chester-le-St... [More]

No liability for stressful disciplinary process: Dermott v LB Harrow

In a judgment handed down on 21 January 2011, McKay J dismissed a claim for psychiatric injury suffered by the claimant during a protracted disciplinary process. The claimant alleged a large number of breaches of his employer’s duty to take reasonable care to protect his health and a breach of the implied term of trust and confidence. The judge applied the guidance in Eastwood v Magnox [2003... [More]