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Sabotaging your own claim: how Facebook can lead to committal proceedings

It is commonplace for social media posts to form part of personal injury litigation. They can be provided by parties in the course of disclosure or uncovered throughout the life of proceedings, often in an attempt to discredit a claimant’s account of…

High Court dismisses a fundamentally dishonest PI claim: a review of Patel v Aviva & Zurich

There have been several interesting judgments concerning fundamental dishonesty that have been handed down over the last year. The recent judgment of Her Honour Judge Melissa Clarke, sitting as a High Court Judge in the matter of Sudhirkumar Patel v (1) Aviva…

Hot drinks and burns: what are a vendor’s duties when serving hot drinks to customers?

Customers can sometimes sustain injuries when purchasing hot drinks from vendors, particularly if the contents of their drink escapes from the mouth of the lid, if the lid is not secured properly, or, if by way of an accident, liquid contents escape…

Helen Pooley considers the decision in Shelbourne v Cancer Research UK [2019] EWHC 842

Vicarious Liability Revisited

We might still be seven months away from the beginning of the festive period 2019 but those that are already thinking about their work Christmas parties might be interested in this recent High Court decision.

The Facts

In December…

More stop and search powers for the police

On 31st March 2019 the Home Secretary announced that he was giving more power to the police to exercise the power contained in section 60 of the Criminal Justice and Public Order Act 1994 to stop and search without having reasonable suspicion…

Assumption of responsibility: emergency call handlers

Sherratt v Chief Constable of Greater Manchester Police [2018] EWHC; 1746 (QB)

[2019] P.I.Q.R. P1

This is a confusingly written judgment which I am firmly of the opinion is wrong. It is, however, interesting for how it is wrong.

The basis of…

Lord Faulks QC and Laura Johnson successful in Court of Appeal consent case

Diamond v Royal Devon & Exeter NHS Foundation Trust [2019] EWCA Civ 585

Lord Faulks QC and Laura Johnson have successfully resisted an appeal on causation in a case concerning consent to medical treatment.

The Claimant (C) brought a claim for clinical…

Can you be found contributorily negligent for attempting your own suicide?

Suicide is a topic that many of us find difficult to discuss. Attempts on one’s own life, particularly if unsuccessful, are not commonly spoken about, let alone raised in personal injury proceedings. However, can a defendant raise that a claimant should be contributorily negligent for…

Disapplication of QOCS: Is failure to pay the trial fee sufficient?

QOCS, otherwise known as Qualified One-way Costs Shifting, leaves defendants out of pocket when defending claims, unless a defendant can satisfy one of the few exceptions in the Civil Procedure Rules to merit its disapplication. In particular, CPR 44.15 provides several exceptions…

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