piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

CPR 35.1: When is expert evidence ‘reasonably required’? (2/2)

The second case dealing with the proper approach to applications under r. 35.1 is Nuemann v Camel [2015] LTL 29/10/15.   In this case, the claimant had been injured in a road traffic accident caused by the defendant's negligent driving and liability was not disputed. The claimant had a pre-existing condition, osteogenesis imperfecta, which had caused her bones to fracture as a teenager. She h... [More]

CPR 35.1: When is expert evidence ‘reasonably required’? (1/2)

Expert evidence is often talked of in terms of parties’ ‘rights’, i.e. to a fair trial or for equality of arms. In the field of PI and Clinical Negligence, it is taken for granted that except in the clearest of cases, the Court will admit (often gratefully) expert opinion on condition and prognosis as well as liability and causation. However, two recent decisions in different div... [More]

Local Standards: Don’t Let Them Cat-ch You Out

In Lougheed v On the Beach (2014) EWCA Civ 1538 the Court of Appeal reaffirmed the importance of the Claimant adducing evidence of local safety standards in the context of package holiday claims. The recent decision of the High Court of Northern Ireland in Kerr v Thomas Cook [2015] NIQB 9 provides a colourful (and not unamusing) example of the same principle being applied in a very different factu... [More]

Pre-Jackson Costs Regime and the Right to a Fair Trial

Since the Jackson reforms came into force from 1 April 2013, the last wave of claims funded by “old style” CFAs have been working their way through to trial up and down the country. It had been assumed that defendants would simply have to grit their teeth in the meantime and accept their liability to pay claimant lawyers a success fee and the ATE premium. But in the recent case of Cove... [More]

Countdown to the new Portal and fixed Fast-Track costs

With less than 3 weeks to go before a major expansion of the portal for civil litigation and the introduction of fast-track fixed costs, the MoJ has yet to publish the rules in finalised form. In a speech last Friday Law Society president Lucy Scott-Moncrieff described the failure as “unacceptable” and called on justice minister Helen Grant to delay the implementation of new rules. Tha... [More]

easyCourts: the future of British Justice?

As anyone who’s flown budget will know, it’s the “extras” where they get you. Whether it’s priority boarding, a window seat or those neck cushions that (if anything) make sleeping more uncomfortable, a section of the market will always pay more for an improved service, however marginal the improvement.    Until now the court service has been off-limits to pr... [More]

Shut out: The UK Supreme Court’s first "secret hearing"

Bank Mellat v HM Treasury UKSC 2011/0040     The Supreme Court held a hearing in secret today, for the first time in its history.   According to the BBC, the justices spent 45 minutes in a locked session with a security guard stood outside the door to prevent anyone from entering. The hearing was so sensitive that the justices had to leave one courtroom and set up in another w... [More]

Delayed flight claims: Clear for takeoff (2/2)

The ECJ dealt a hammer blow to European airlines this morning in the long-awaited joined cases of TUI and Nelson (Cases C-581/10 and C-629/10). The full text will be available shortly but judging by the press summary, the Court has adopted almost verbatim the Opinion of Advocate General Bot.  This case confirms the decision in Sturgeon (Case C-402/07) that where an air carrier operates o... [More]

Airlines adopt the brace position in TUI/Nelson (1/2)

European airlines are bracing themselves this morning for the ECJ's judgment in the joined cases of TUI and Nelson (Cases C-581/10 and C-629/10) – expected at 9.30am. This will confirm whether or not airlines are liable to compensate passengers of delayed flights in the same way as if the flight had been cancelled. Recap EC Regulation No 261/2004 (the so-called ‘Denied Boarding Reg... [More]