Tag Archives: Personal Injury
Mattis -v- Pollock (T/A Flamingo’s Nightclub); QBD 24-Oct-2002
The claimant sought damages after being assaulted by a doorman employed by the defendant.Held: The responsibility of the nightclub owner for the actions of his aggressive doorman was not extinguished by the separation in time and place from what had … Continue reading
Filed under Personal Injury, Vicarious Liability
Kearsley -v- Klarfeld; CA 6-Dec-2005
The defendants had suggested three doctors to examine the claimant. The claimants suggested a Dr P to prepare a report, but when asked for his CV instructed him anyway. The defendant’s unqualified motor examiner said the accident had occurred at … Continue reading
Filed under Litigation Practice, Personal Injury
Charnock and Others -v- Rowan and Others; CA 20-Jan-2012
14 passengers in a bus hit from behind at a slow speed had all claimed whiplash injury. The expert had said that the accepted speed required to produce such an injury was a change of 3mph, which would require an … Continue reading
Filed under Evidence, Personal Injury
Weddall -v- Barchester Healthcare Ltd; CA 24-Jan-2012
Parties appealed against judgments dismissing their claims of vicarious liability as against their employers after assaults by co-employees.Held: appeals were dismissed and allwoed according to their facts.Moore-Bick LJ said that there is now: ‘a more flexible principle governing the imposition … Continue reading
Filed under Personal Injury, Torts - Other, Vicarious Liability
Corbett -v- Barking Havering and Brentwood Health Authority; CA 1991
The Claimant was a child who would have been dependant on his deceased young mother only until adulthood. When the trial took place the infant Plaintiff was 11? with a dependency until the age of 18. As the multiplier calculated … Continue reading
Filed under Damages, Personal Injury
Jennings -v- The Forestry Commission; CA 23-May-2008
The claimant was a self employed contractor. He suffered serious injuries when while working for the defendant, his vehicle overturned. The defendant appealed the finding of liability. The Land Rover went out of control on a steeply sloping field on … Continue reading
Filed under Health and Safety, Negligence, Personal Injury
Bowden -v- Poor Sisters of Nazareth and others and similar; HL 21-May-2008
The appellants said they had suffered abuse while resident at children’s homes run by the respondents. The respondents denied the allegations and said that they were also out of time. The claims were brought many years after the events.Held: The … Continue reading
Filed under Limitation, Personal Injury, Scotland
Kearn-Price -v- Kent County Council; CA 30-Oct-2002
The claimant was injured, being hit in the face by a football in a school playground. It was before school started. There had been accidents, and there were rules which had not been enforced. The school appealed a finding of … Continue reading
Filed under Education, Negligence, Personal Injury
Price -v- Price (Trading As Poppyland Headware); CA 26-Jun-2003
The claimant sought damages from his wife for personal injuries. He had been late beginning the claim, and it was served without particulars. He then failed to serve the particulars within 14 days. Totty and then Sayers had clarified the … Continue reading
Filed under Civil Procedure Rules, Personal Injury
Roerig -v- Valiant Trawlers Ltd; CA 28-Jan-2002
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The … Continue reading
Filed under Damages, International, Personal Injury
