Category Archives: Personal Injuries

Paula Case, ‘Medicinal Cannabis Prescribing: A Study of Boundary Work and Medico-Legal Risk’

ABSTRACT The prescription of ‘unlicensed’ cannabis-based medicines was legalised in 2018. A ‘boundary work’ analysis of the post reform guidance issued for doctors reveals a discourse which frames the prescription of medicinal cannabis as a matter for clinical judgement, but also as fraught with medico-legal hazard. The article highlights a triad of rhetorical devices comprising […]

‘New Judgment: X v Kuoni Travel Ltd [2021] UKSC 34’

“The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (‘the Regulations’) …” (more) [UK Supreme Court Blog, 30 […]

‘Quebec court dissent in liability case “goes too far” on obligation to carry mobile device: lawyer’

“A divided Quebec Court of Appeal may have opened the door towards a positive obligation to carry a mobile phone when doing physical outdoor activities as a precaution against foreseeable risk or face the possibility of being held to account for a contributory fault, according to experts. In a ruling that examines the principles of […]

‘Secondary Victims: Still Second-Class Claimants?’

“In King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB), the High Court once again demonstrated the difficulties faced by Claimants who suffer psychiatric conditions as a result of witnessing loved ones (in this case, a new-born baby) die in hospital …” (more) [Nikhil Arora, Ropewalk Chambers, 12 July]

Rob Heywood, ‘Systemic negligence and NHS hospitals: An underutilised argument’

INTRODUCTION The ongoing Covid-19 pandemic has caused National Health Service (NHS) frontline operations to be stretched to near breaking point. Despite coming under immense pressure, the service held firm at the height of the crisis thanks to heroic efforts on the part of all the healthcare professionals concerned. All those involved should be commended for […]

Linda Mulcahy, ‘The Market for Precedent: Shifting Visions of the Role of Clinical Negligence Claims and Trials’

ABSTRACT This article considers the interface between the standard setting activity of a regulatory body and the courts in the NHS. It is suggested that despite its many disadvantages the clinical negligence action remains an important safety valve when internal regulatory systems fail or are insufficiently transparent to gain full legitimacy. More specifically, it explores […]

Thomas Russell, ‘Car Crashes, Personal Injury Litigation, and Frivolous Defenses in Alberta and Colorado’

ABSTRACT This Article is a comparative empirical study of car crash litigation in Alberta, Canada and Colorado, USA. The first part of the Article compares the rates of car crash injuries and litigation between Alberta and Colorado. The Article assembles data for what sociolegal scholars typically call the dispute pyramid, but I argued that a […]

‘Texas Supreme Court holds that Amazon can not be held liable for injuries caused by products sold by others through Amazon’

“Back in May I reported that a California Appellate Court held that Amazon can be liable in products liability for products sold by other vendors through Amazon. As this happened, the exact same issue was certified to the Texas Supreme Court, and now we have a ruling. In direct contrast with the California Appellate Court, […]

Carter, Mossialos, Redhead and Papalois, ‘Clinical negligence cases in the English NHS: uncertainty in evidence as a driver of settlement costs and societal outcomes’

ABSTRACT The cost of clinical negligence claims continues to rise, despite efforts to reduce this now ageing burden to the National Health Service (NHS) in England. From a welfarist perspective, reforms are needed to reduce avoidable harm to patients and to settle claims fairly for both claimants and society. Uncertainty in the estimation of quanta […]

‘“1,000 Places to Fall to Your Death”, Utah edition, means American tort law hasn’t undermined pioneer spirit’

“I can’t help but check out the tortscape when I travel. As mentioned last week, I have been traveling recently in Utah. The sights are breathtaking. And as an indicator of the health of the American tort system, I am pleased to report, Utah has many places where one can fall to one’s death. If […]