30 July 201

Road traffic – Accident – Liability – Claimant travelling from United Kingdom to Spain for holiday – Claimant wearing dark clothing and
struck by motor car on road with hard shoulder as pedestrian – Claimant grievously injured and rendered paraplegic – Claimant seeking damages from defendant Spanish insurance company in respect of injuries – Whether defendant liable – Whether defendant’s liability to be determined by law of Spain – Parliament and Council Regulation (EC) 864/2007, art 15(c) – Private International Law (Miscellaneous Provisions) Act 1995, s 11.

22 July 2010

Medical practitioner – Negligence – Duty of care – Defendant general practitioner carrying out physical examination on claimant – Claimant subsequently admitted to hospital and diagnosed with meningococcal disease – Claimant alleging consequent loss and damage
caused by negligence of defendant in failing to carry out proper examination – Claimant bringing claim for negligence against defendant – Whether defendant performing reasonably competent examination.

When the court allocates a claim to the fast track, it will give directions for the management of the case and set a timetable to trial. Those directions will fix a trial date or period (of not more than three weeks, known as the trial window) within which the trial will take place.

Contributory negligence for passengers

Since the decision of the Court of Appeal in Froom v Butcher [1976] QB 286, the maximum reduction likely to be awarded for failure to wear a seat belt is 25%. Since Owens v Brimmell [1977] QB 859, the fi gure of 20% is commonly regarded as the appropriate reduction for a claimant who has entered a vehicle when he must have known that the driver had had too much to drink.