header-logo header-logo

13 August 2009 / Sean Curley
Issue: 7382 / Categories: Opinion , Personal injury , Constitutional law
printer mail-detail

Hard to beat

The old saying that hard cases make bad law is one is not always true is a recent case in the Privy Council demonstrates in a laudable effort to do justice to a litigant in person the Privy Council (Lords Mance and Neuberger and Sir Jonathan Parker) appear to have extended the application of res ipsa loquitor.

This has been done without any detailed analysis or application of the facts of the case to the law in question which in the long run may undo their effort. The case is George v Eagle Air Services Limited [2009] UKPC 21, [2009] All ER (D) 33 (Aug) on appeal from The Court of Appeal of The Eastern Caribbean (St Lucia).

Mrs George was claiming as Administratrix of the estate of her late partner Hughes Williams. Mr Williams was a mechanic working for the respondents and was a passenger in one of the respondent’s aircraft that crashed killing both him and the pilot.

The accident occurred on 12 July 1990 and the crash was investigated by

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll