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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Personal Injury - From: 1994 To: 1994

This page lists 30 cases, and was prepared on 02 April 2018.


 
 Arafa v Potter; CA 1994 - [1994] PIQR 73
 
Stringman (a minor) v McArdle [1994] 1 WLR 1653
1994
CA
Stuart-Smith LJ
Personal Injury, Damages
The young plaintiff, under a disability, had asked for an interim payment of £100,000 to adapt a house already bought. McCullough J upheld the refusal of the district judge to make that interim payment, taking the view that the plans for the conversion of the house were over-elaborate and might leave the plaintiff insufficiently provided for by way of future care. Held. In order to obtain an interim payment, the plaintiff was not to be required to demonstrate any particular need beyond the general need to be paid damages as soon as reasonably possible. The court should not, when considering whether to order such a payment, investigate how the money was going to be used. The court was confident that the claimant was going to recover damages at trial which would substantially exceed the aggregate of the sums sought by way of an interim payment and those sums already paid. Any expenditure would be subject to the control of the Court of Protection.
Stuart-Smith LJ said: "The error into which the judge fell in this case was, in my opinion, when he concerned himself with what was to be done with the damages in the hands of the plaintiff or those responsible for her care. Once the threshold conditions in RSC Ord.29, r.11(1), sub-paragraphs (a), (b) or (c) are satisfied, what the court has to do, if it thinks fit, is to make an interim payment of such amount as it thinks just not exceeding a reasonable proportion of the damages which in the opinion of the court are likely to be recovered by the plaintiff after taking into account contributory negligence and any set-off or counterclaim. It should be noted that the plaintiff does not have to demonstrate any particular need over and above the general need that a plaintiff has to be paid his or her damages as soon as reasonably may be done. It will generally be appropriate and just to make an order where there will be some delay until the final disposal of the case. Therefore what the court is concerned with in fixing the quantum is that it does not exceed a reasonable proportion of the damages which in the opinion of the court are likely to be recovered. It is quite clear here that the amount will on any basis substantially exceed the sum of £187,000, which is the sum awarded by way of interim payment to date plus the £100,000 which is now sought. That is all the judge should have been concerned with. In the case of an adult of sound mind, the court making an order under RSC Ord.29, r.11 is not concerned in any way with what the plaintiff does with his damages. In the case of an infant, the money will normally be paid into court and then the next friend will apply to the district judge for payment out as and when the money is required. Where the Court of Protection is concerned, it is for that court to decide how and when the money is to be spent."
1 Citers


 
Cassel v Riverside Health Authority [1994] PIQR Q168
1994


Personal Injury, Damages
A person who has been rendered a patient as a result of the actions of a tortfeasor is entitled to require the tortfeasor to bear the costs of the receiver as part of the damages and, as part of the damages, they cannot escape a discount for contributory negligence.
1 Citers



 
 Taylorson v Shieldness Produce Ltd; 1994 - [1994] PIQR 329
 
Sion v Hampstead Heath Authority [1994] 5 Med LR 170; [1994] MLR 170
1994
CA
Staughton LJ
Litigation Practice, Personal Injury
A young man was injured in a motor-cycle accident and was taken to the defendant's hospital. His father attended to him at his bedside for fourteen days, watching him deteriorate in health, fall into a coma and die. The father alleged that the staff of the hospital was negligent and that he suffered psychiatric illness. The father's claim was struck out as disclosing no cause of action. Held: The father's appeal failed. The court must aply the law as it stood.
Staughton LJ said: "this court must in my judgment accept the state of the law as declared by the House of Lords, even in a striking-out application. It would not be right for us to impose on the parties the burden of a trial which can only have one conclusion on the present law, against the possibility that this may prove to be a case where the law is changed."
Environmental Protection Act 1990 80
1 Citers



 
 Tredget and Tredget v Bexley Health Authority; 1994 - [1994] 5 Med LR 178
 
Regina v Criminal Injuries Compensation Board, Ex Parte Gambles Independent, 14 January 1994; Times, 05 January 1994
5 Jan 1994
QBD

Personal Injury
The board must consider if the claimant's willingness to become involved in a fight should lead to diminished or nil award, and must state the extent of contributory responsibility when setting a nil award.

 
Kinnear and Others v Falconfilms Nv and Others Times, 01 March 1994; [1994] EWHC QB 1; [1996] 1 WLR 920; [1994] 3 All ER 42; [1994] ILPr 731
27 Jan 1994
QBD
Phillips J
International, Personal Injury, Health and Safety, Jurisdiction
The actor Roy Kinnear died on being thrown from a horse while making a film in Spain. His widow sought damages from the fim company who in turn sought to issue a third party notice against those involved in Spain. Held: A third party claim with a sufficient nexus may bring a main claim with Brussels Convention.
[ Bailii ]
 
Kinnear and Others v Falconfilms Nv and Others [1994] EWHC QB 1; [1996] 1 WLR 920; [1994] ILPr 731; [1994] 3 All ER 42
27 Jan 1994
QBD
Phillips J
Jurisdiction, Personal Injury
The deceased had died in an accident whilst filming in Spain for the defendants. The plaintiff personal representatives sought damages here, while the defendants denied that the court had jurisdiction under the 1968 Convention, and said that the death actually occurred as a consequence of the negligence of his medical treatment in Spain.
Brussels Convention on Civil Jurisdiction and Judgments 1968 - Civil Liability (Contribution) Act 1978 1 - Civil Jurisdiction and Judgments Act 1982
1 Cites

[ Bailii ]
 
Practice Note; Vibration White Finger Actions Ind Summary, 21 February 1994
21 Feb 1994
QBD

Personal Injury
Interlocutory proceedings in white finger litigation to be heard at Newcastle.


 
 Khan v Armaguard Ltd; CA 23-Feb-1994 - [1994] EWCA Civ 19; [1994] PIQR 286; [1994] 3 All ER 545; [1994] 1 WLR 1204
 
Khan v Armaguard Ltd Times, 04 March 1994
4 Mar 1994
CA

Personal Injury
Full disclosure is not to be ordered only in rare cases in personal injury claims.

 
Reilly and Another v Merseyside Regional Health Authority [1994] EWCA Civ 30
28 Apr 1994
CA

Personal Injury, Damages

1 Cites

[ Bailii ]
 
Reilly and Another v Merseyside Regional Health Authority Independent, 29 April 1994
29 Apr 1994
CA

Personal Injury
Claustrophobia and fear are not diseases capable of founding a damages claim.

 
Regina v Criminal Injuries Compensation Board ex Parte P [1994] EWCA Civ 34
4 May 1994
CA

Personal Injury

[ Bailii ]
 
Page v Smith Times, 04 May 1994
4 May 1994
CA

Damages, Personal Injury
The plaintiff was driving his car at 30 miles an hour when the defendant turned right immediately into his path. In the accident both cars suffered damage but the occupants all escaped physical injury. The Plaintiff, however, had suffered for 20 years from chronic fatigue syndrome, which manifested itself from time to time. The judge held that the shock of the accident reactivated this condition which was now in all probability permanent and that it was unlikely that the plaintiff would be able to return to full-time employment, and he awarded damages of £162,153. Held: Allowing the defendants' appeal on the ground that psychiatric injury was not a foreseeable consequence of the accident. A claim for damages for pure nervous shock requires that the psychiatric injury should be a foreseeable result.
1 Cites

1 Citers


 
Regina v Home Secretary and Criminal Injuries Compensation Board Ex Parte P and Another Independent, 12 May 1994; [1995] 1 WLR 845
12 May 1994
CA

Personal Injury, Administrative
The exclusion from claiming under the scheme, of victims within the same household, including sex abuse victims was not clearly unreasonable. The fact that the scheme was provided under the Crown prerogative did not exclude it from judicial review.
1 Cites

1 Citers


 
Regina v Secretary of State for Home Department ex parte P; Regina v Same ex parte G Times, 19 May 1994
19 May 1994
CA

Personal Injury
The CICB scheme is reviewable, but the exclusion of child abuse claims was not irrational.


 
 Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others; QBD 24-May-1994 - Times, 30 May 1994; Independent, 24 May 1994

 
 Sion v Hampstead Health Authority; CA 27-May-1994 - Times, 10 June 1994; [1994] 5 Med LR 170; [1994] EWCA Civ 26
 
Gesner v Wallingford and District Labour Party Supp Ass Club Ltd Times, 02 June 1994
2 Jun 1994
CA

Personal Injury
A members' club was liable in negligence to own members for personal injury.
Occupiers' Liability Act 1957

 
Cotton v Derbyshire Dales District Council [1994] EWCA Civ 17
10 Jun 1994
CA

Personal Injury
The claimant had been injured falling on land owned by the defendant. The had gone down what he must have known was not a path and fallen over a cliff. He appealed dismissal of his claim. Held: Any notice would only have warned of the obvious difficulty and danger. The land owners were not in breach of their duty.
Occupiers Liability Act 1957 2(2)
1 Cites

[ Bailii ]

 
 McGeown v Northern Ireland Housing Executive; HL 24-Jun-1994 - Gazette, 03 August 1994; Independent, 28 June 1994; Times, 24 June 1994

 
 Regina v Criminal Injuries Compensation Board Ex Parte Johnson; QBD 22-Jul-1994 - Times, 11 August 1994; Independent, 22 July 1994

 
 Richardson v Pitt-Stanley; CA 11-Aug-1994 - Independent, 06 September 1994; Times, 11 August 1994
 
Hunt v Severs Independent, 05 May 1994; Times, 02 May 1994; Gazette, 07 September 1994; [1994] 2 AC 350; [1994] UKHL 4; [1994] 2 All ER 385
7 Sep 1994
HL
Lord Bridge of Harwich
Personal Injury, Damages
The tortfeasor, a member of the claimant's family provided her with voluntary nursing care after the injury. The equivalent cost of that care, was recoverable, but would be held on trust for the carer. The underlying rationale of English Law is to enable the voluntary carer to receive proper recompense for his or her services: "Thus in both England and Scotland, the law now ensures that an injured plaintiff may recover the reasonable value of gratuitous services rendered to him by way of voluntary care by a member of his family . . [T]he underlying rationale of the English law . . is to enable the voluntary carer to receive proper recompense for his or her services." The policy considerations which underlie the exceptions were "well understood" . . "But I find it difficult to see what considerations of public policy can justify a requirement that the tortfeasor himself should compensate the plaintiff twice over for the self-same loss. If the loss in question is a direct pecuniary loss (eg loss of wages), Hussain's case is clear authority that the defendant employer, as the tortfeasor who makes good the loss either voluntarily or contractually, thereby mitigates his liability in damages pro tanto."
1 Cites

1 Citers

[ Bailii ]
 
Gerrard v Staffordshire Potteries Ltd [1994] EWCA Civ 31; [1995] PIQR 169; [1995] ICR 502
2 Nov 1994
CA

Personal Injury, Health and Safety
The plaintiff was injured when working for the defendants spraying glaze onto jars. A small foreign body was blown into her eye. She said that no eye protection had been suuplied as required by the regulations. Held. The plaintiff's appeal succeeded: "this was an operation which, when one looks at it in the round, carried with it a reasonably foreseeable risk of injury. One has only to imagine the comment of any eye surgeon if asked to watch this Plaintiff at work and asked to watch her putting her head into the booth in order to apply the glaze to the inside of the jar and then removing her head with perhaps some of the glaze adhering to her hair and complaining, as she did at times, of a gritty sensation in her eyes. "
Factories Act 1961 29(1) - Pottery (Health and Welfare) Special Regulations 1950 - Protection of Eyes Regulations 1974
1 Cites

[ Bailii ]

 
 Regina v Secretary of State for Home Department Ex Parte Fire Brigades Union and Others; CA 10-Nov-1994 - Times, 10 November 1994; Independent, 10 November 1994; [1995] 2 WLR 1

 
 Walker v Northumberland County Council; QBD 16-Nov-1994 - Times, 24 November 1994; Independent, 18 November 1994; [1995] 1 All ER 737; [1995] IRLR 35; [1995] ICR 702; [1994] EWHC QB 2; [1995] PIQR P521
 
Hassall and Another v Secretary of State for Social Security Times, 16 December 1994
16 Dec 1994
CA

Personal Injury
Personal Injury claim was to include claim for any recoupable benefits to avoid underclaim.

 
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