the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

ECJ clarifies the actionability of the Denied Boarding Regulations

  In McDonagh v Ryanair (C-12/11) the European Court of Justice concluded that Ryanair were not entitled to treat the Icelandic Ash Cloud as a situation of ‘super-extraordinary circumstances’, thereby entitling them not to provide any care and assistance at all to their passengers under Article 9 of EC Regulation 261/2004.       However, before the Court was able e... [More]

Empire state of mind

Local Authorities in England and Wales can often be heard to exclaim their frustration at the number of claims brought each year in respect of tripping accidents on the highway. Such claims have contributed, in part at least, to the perception of a litigation culture which is spiraling out of control.   But take a moment to consider the position across the other side of the Atlantic, New York... [More]

Holidays (and hotels) from Hell - The duty to warn

"To many people holidays are not voyages of discovery, but a ritual of reassurance" (Phillip andrew)   So it was with the Russell family, who took their 4 year old daughter  - the Claimant -  on her (and the family's) first ever holiday together to a Hotel in Spain. At the time that the Holiday was booked the Claimant's parents made it clear that they were not seasoned travellers a... [More]

Employers: take stock!

  The recent Court of Appeal decision in Ghaith v Indesit (2012) EWCA 642 underscores quite how onerous the statutory obligations imposed upon employers by the six-pack of EC Regulations can be. The rather unedifying context was stock-taking of spare parts for white goods (washing machines drums etc) for the Defendant company. The claimant, a service engineer, spent all day lifting and m... [More]

Ward v Tesco hits the high seas

  The Court of Appeal recently handed down judgment in Dawkins v Carnival Plc (2011) EWCA Civ 1237. Despite the rather exotic backdrop (on board the cruise ship ‘Oriana’ travelling in international waters), the claim is a classic restatement of the operation of the evidential burden in slipping claims.   Mrs Dawkins slipped on some liquid in the ship’s restaurant. Fello... [More]

Conflicts of law: Just when you thought it was safe to go back into the water…

Those personal injury practitioners who have had to grapple with the question of which law to apply to an accident which occurred abroad are bound to be aware of the vexed issue surrounding ‘the temporal scope of Rome II’. Rome II (the universal name given to EC Reg 864/2007) was intended to usher in a new era of simplicity and uniformity in this field, making it as easy as possib... [More]

RTA Insurer not liable for the 'same damage' as its insured

In Jubilee Motors Syndicate v Volvo Truck & Bus (Southern) Limited (2010) Jubilee, a road traffic insurer within the meaning of the Road Traffic Act 1988, had been ordered to pay damages following the settlement of a claim against its insured (Volvo) by an injured third party. Jubilee thereafter instigated contribution proceedings against its insured under the Civil Liabiliy (Contrib... [More]