Category Archives: Personal Injury
Jackson -v- Ministry of Defence; CA 12-Jan-2006
£150,000 was paid into court but the claimant recovered £155,000 and the judge ordered the defendant to pay 75% of the claimant’s costs. The defendant appealed. The judge had decided that when the claimant gave his evidence there was a … Continue reading
Filed under Costs, Personal Injury
Oxborrow (A Minor) -v- West Suffolk Hospitals NHS Trust; QBD 20-Apr-2012
The claimant sought a payment on account of damages for injury suffered while being delivered as a baby.
Filed under Damages, Personal Injury
Wieland -v- Cyril Lord Carpets Ltd; 1969
The plaintiff suffered injury from the admitted negligence of the defendant. After attending the hospital she felt shaken and the movement of her head was constricted by a collar which had been fitted to her neck. In consequence she was … Continue reading
Filed under Damages, Personal Injury
Hussain -v- New Taplow Paper Mills Ltd; HL 1988
The plaintiff was injured in an accident at work. His employer was partly responsible. For 13 weeks he received full sick pay in accordance with his contract. He then received half his pre-accident earnings under the permanent health insurance scheme … Continue reading
Filed under Damages, Personal Injury
Bolton Metropolitan Borough Council -v- Municipal Mutual Insurance Ltd; CA 6-Feb-2006
The deceased had come into contact with asbestos when working on building sites for more than one contractor. The claimant here sought contribution from the defendants for the damages it had paid to his estate. The issue was as to … Continue reading
Filed under Insurance, Personal Injury
Employers’ Liability Policy ‘Trigger’ Litigation; Durham -v- BAI (Run off) Ltd etc; QBD 21-Nov-2008
The court heard six claims against companies restored to the register of companies to make claims under their insurance policies for personal injury in the form of death from mesothelioma from asbestos, and particularly whether liability could be found under … Continue reading
Filed under Company, Limitation, Personal Injury
Powell -v- National Coal Board; CA 28-May-1986
Limitation operates as a defence, and therefore it is for he who sets it up to establish it, and prove that the claim was time barred. Once the initial limitation period had elapsed, it was for the plaintiff to assert … Continue reading
Filed under Limitation, Personal Injury
Cooke, Sheppard, Page -v- United Bristol Health Care, Stibbe & Another, Lee; CA 16-Oct-2003
The claimant appealed against his damages award, saying that it should have allowed for the anticipated rises in the cost of providing his care in the future.Held: Rises in future costs were already factored into the tables used for settlements. … Continue reading
Filed under Damages, Personal Injury
Ward -v- Tesco Stores Ltd; CA 1976
The claimant slipped on the contents of a yoghurt pot which had spilled onto the floor of the supermarket. The defendants gave evidence of frequent inspection and sweeping of the supermarket floor with instructions to the staff to clear up … Continue reading
Filed under Personal Injury, Torts - Other
Crooks -v- Ebanks; PC 30-Mar-1999
PC (Jamaica) Whilst chasing an armed criminal, the police officer tripped, discharging his gun, which hit the claimant. She sought damages. The officer claimed immunity under the Act.Held: The dropping of the revolver and the discharging of the round were … Continue reading
Filed under Commonwealth, Personal Injury, Police
