This site uses cookies.

PIBULJ

No Smoke Without Fire: Fire Service Liability - Andrew Roy, 12 King's Bench Walk

13/08/13. Wembridge and 14 others v (1) Winter (2) East Sussex Fire Service and another [2013] EWHC 2331 (QB). These claims arose out of a mass explosion which occurred at a fireworks factory at Marlie Farm in East Sussex on 3 December 2006...

Image ©iStockphoto.com/okanmetin

Read more (PIBULJ subscribers only)...

Legionnaires’ Disease, Is There a Claim? - Kirsty Clifton, Ascot Lawyers

12/08/13. Headache, muscle pain, high fever, chest pain, a persistent cough, breathing difficulties, loss of appetite, diarrhoea, nausea and vomiting.... this may sound like a nasty bout of the flu, however these same symptoms could also arise from contraction of Legionnaire’s Disease.

Legionnaires’ disease is so named after 182 delegates fell ill with pneumonia at an American Legion convention in Philadelphia in July 1976, of which 28 people died. The cause of the outbreak was identified a couple of years later as being a previously unknown strain of bacteria which was subsequently named ‘Legionella’ and the particular strain which caused the outbreak was named Legionella pneumophila

Legionnaires’ disease returned to the public spotlight in 2012 due to...

Image cc http://www.flickr.com/photos/54591706@N02/5148710483

Read more (PIBULJ subscribers only)...

What Exactly Are Defective Thought Processes? - Bill Braithwaite QC, Head of Exchange Chambers

11/08/13. This is another post about mental capacity, but it’s more of a question. When we consider whether an injured person has mental capacity, ie the ability to manage his or her own affairs, we are interested in their thought processes, not simply the decisions they make. In fact, it is clear that making bad decisions does not necessarily prove that someone lacks capacity.

Image ©iStockphoto.com/RapidEye

Read more (PIBULJ subscribers only)...

Jackson in Action: the 1st April Reforms Begin to Take Effect - Shirley Denyer, Shirley Denyer LLP & Knowledge Services Consultant for FOIL

10/08/13. Four months in from the introduction of the new rules both claimant and defendant lawyers are getting used to the new regime and attention is turning to how the new rules work in practice. Even without the changes introduced by the new RTA and EL/PL protocols and portal, there is much to get used to: case and costs management; the new test of proportionality; the various transitional arrangements; DBAs; new rules on Part 36; and QOCS...

Image ©iStockphoto.com/serggn

Read more (PIBULJ subscribers only)...

Under-Settlement: First VWF Scheme Professional Negligence Case Reported - Ivor Collett, 1 Chancery Lane

08/08/13. Former miners who had worked for British Coal were offered a tariff-based government compensation scheme from 1999 if they could show they had developed symptoms of vibration white finger (VWF – now more commonly referred to as hand arm vibration syndrome or HAVS). The scheme was the result of extensive negotiations between ex-miners’ representatives (principally claimant solicitors’ firms) and the DTI, which took over responsibility for British Coal’s liabilities.

However, the first of many professional negligence claims by disgruntled claimants against the solicitors’ firms who acted for them has just been reported...

Image ©iStockphoto.com/nito100

Read more (PIBULJ subscribers only)...

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.