PIBULJ
Court of Appeal Re-Asserts Hillsborough Cases Limiting Secondary Victim Claims - Charles Bagot, Hardwicke
17/05/13. In the first Court of Appeal case on secondary victims for 10 years, in Taylor v. A. Novo (UK) Ltd [2013] EWCA Civ 194, the Court of Appeal has re-visited the Hillsborough cases concerning secondary victims of psychiatric injury and re-affirmed that the existing limitations should be applied unless Parliament intervenes. This case is significant for those conducting both personal injury and clinical negligence litigation where relatives may suffer psychiatric damage by reason of injury to or clinical negligence suffered by a loved one. The Claimant failed in her attempt to argue that a less strict...
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PI Practitioner, May 2013
16/05/13. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for our PI Brief Update newsletter. Simply fill in your email address at the top right of this website.
Exemplary DamagesRookes v Barnard [1964] AC 1129
"Exemplary damages are essentially different from ordinary damages. The object of damages in the usual sense...
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Res Ipsa Loquitur and Clinical Negligence Following Thomas v. Curley [2013] EWCA Civ 117 - Richard Baker, 7 Bedford Row
16/05/13. I would think that most clinical negligence practitioners have from time to time met a client who underwent an apparently routine operation under general anaesthetic albeit with disastrous consequences. We look to the consequences of that operation, which may be far beyond what our client or their surgeon contemplated and say: ‘how could that not be caused by negligence’; but how do we prove it? Thomas v. Curley was a case about this very problem...
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AC v. Devon CC [2013] EWCA Civ 418 - Daniel Tobin & Angela Frost, 12 King’s Bench Walk
15/05/13. The eagerly awaited decision of the Court of Appeal in the case of AC v Devon (reported as Devon CC v. TR) was handed down on 30th April 2013. On 28th November 2006 a serious road traffic accident occurred on a winding and hilly country road leading from the A30 Honiton by-pass up into the Blackdown Hills in Devon. AC was a passenger in a Land Rover being driven by TR. Whilst overtaking a slower moving vehicle TR lost control of his Land Rover, resulting in it crossing the road and crashing into a ditch and trees on the nearside of the road...
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Res Ipsa Loquitur: Is Latin Back in Fashion? - Sarah Prager, 1 Chancery Lane
14/05/13. Sarah Prager discusses the changing fortunes of the use of the doctrine expressed in the Latin tag res ipsa loquitur, and asks if the doctrine is enjoying a resurgence. It is some time since Peter Cook observed that he could’ve been a judge, but he never had the Latin. One of the legal phrases in the rigorous judging exams which might have baffled him is res ipsa loquitur, meaning, as any fule kno...
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More Articles...
- CA Decision in Highways Claim TR v Devon CC [2013] EWCA Civ 418 - Angus Piper, 1 Chancery Lane
- Whatever Next for the PI Claimant? - Julie Carlisle, Boyes Turner
- The Continuing Plight of the Secondary Victim: An Analysis of the Law Relating to “Nervous Shock” in 2013 - Simon Allen, Slater & Gordon Lawyers
- PI in the New Era - Deborah Evans, APIL Chief Executive
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
