Archive for July, 2010


July 26th, 2010

I know that there is a very very small audience amongst my readers for this, but I watched this five minutes ago and I am still struggling to breathe normally.

Maybe I was too quick to dismiss medical negligence..?

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A Good Day

July 23rd, 2010

In a previous post, I was a little unkind about defendants in libel actions wimping out before trial.  I’m pleased to say that there was no wimping out on the part of those defendants, and with the assistance of some dedicated pro bono blogger-lawyers, today this case was struck out.

I will never do the tale justice, so I suggest you head over to the Jack of Kent’s blog for a summary of the case.  I’m sure the last instalment will be posted tomorrow as their tide of celebration recedes.

Also, it seems the Jack of Kent is just five followers away from the 6,000 he aspires to – if you are not yet a groupie, go to and follow him!

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Daily Little Law Links

July 16th, 2010

This story, from a Canadian newspaper, contains some stunning accusations about the US refusing Dutch help to tackle the capped oil leak in the Gulf.  If many of the points it raises are true, it may allow defences of contributory negligence, or a failure to mitigate the loss against the US Government (assuming BP would be willing to take the PR hit). Highlights include an alleged block on the use of Dutch equipment that would remove 99.9985% of the oil in the water at sea in preference for the US method of scooping up all the water along with the oil and taking it back to shore.   An interesting read. (Hat-tip to Samizdata*)

The phrase “Act of  God” is an infamous get-out clause.  However, this article lists some US cases where God is being replaced by the infinitely more attractive litigation target of energy companies.  Very briefly, I think the argument goes something like: “Katrina destroyed my house, Katrina was caused by green-house gases, you release green-house gases, therefore you destroyed my house.”  I would imagine they are going to be testing causation to extreme with that.  (Hat-tip US site Legal Geekery)

To complete my stateside round-up, news that erroneously gripping iPhone users have cleared the first hurdle in their class action against Apple.

*This site is often blocked by corporate firewalls in the UK, I think because of their literal stance on the second amendment to the US Constitution.

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