Tag Archives: Personal Injury
Brown -v- Ministry of Defence; CA 10-May-2006
Claim for injury suffered whilst training in Army. The claimant was committed to a career in the Army, and had anticipated promotion. She complained that her loss of pension rights had been calculated at a rate to reflect an average … Continue reading
Filed under Negligence, Personal Injury
Ministry Of Defence -v- Radclyffe; CA 30-Jun-2009
The court held the appellant Ministry liable for a soldier’s injuries incurred when jumping from a high bridge. A senior officer had earlier ‘assumed responsibility to prevent the junior soldiers from taking undue risks of which he was or ought … Continue reading
Filed under Armed Forces, Personal Injury, Vicarious Liability
Bailey -v- The Ministry of Defence and Another; CA 29-Jul-2008
The claimant had suffered brain damage following cardiac arrest after inhaling vomit. She had inhaled her vomit because she was in a very weakened state. Two causes had contributed to her weakness, one tortious, the other not. The judge below … Continue reading
Filed under Armed Forces, Personal Injury, Professional Negligence
Roe -v- Sheffield City Council and others; CA 17-Jan-2003
The claimant sought damages after his car was involved in an accident when a wheel struck a part of a tramway standing proud of the road surface. The defendant argued that they were excused liability by the 1988 Act, incorporating … Continue reading
Filed under Local Government, Personal Injury, Transport
Spencer-Franks -v- Kellogg Brown and Root Ltd and others; HL 2-Jul-2008
The deceased worked for the defendants on an oil rig. He was injured by a door closer he was attempting to repair. The defendants denied that the mechanism was equipment within the Regulations.Held: The appeal was allowed. The door closer … Continue reading
Filed under Health and Safety, Personal Injury, Scotland
Badger -v- The Ministry of Defence; QBD 16-Dec-2005
The widow of the deceased sought damages after his exposure to asbestos whilst working for the defendant. He had contracted lung cancer. The defendant argued that the deceased had continued to smoke knowing of the risks, and that he had … Continue reading
Filed under Damages, Personal Injury
AM -v- Reverend Joseph Hendron and others; OHCS 13-Sep-2005
Serious abuse was said to have been inflicted by monks of the De La Salle order on those in their charge at an approved school in Scotland. The former pupil claimant contended that the SED owed him a non-delegable duty … Continue reading
Filed under Education, Negligence, Personal Injury, Scotland
Patterson -v- Ministry of Defence; QBD 29-Jul-1986
The plaintiff had been exposed to asbestos when working for the defendant. X-rays revealed development of pleural plaques, but these would remain asymptomatic.Held: Material damage sufficient to set time running was the same as damage necessary to complete a claimant’s … Continue reading
Filed under Damages, Limitation, Personal Injury
Woodland -v- Essex County Council; CA 9-Mar-2012
The claimant had been injured in a swimming pool during a lesson. The lesson was conducted by outside independent contractors. The claimant appealed against a finding that his argument that they had a non-delegable duty of care was bound to … Continue reading
Filed under Negligence, Personal Injury
Harding -v- Wealands; HL 5-Jul-2006
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law … Continue reading
Filed under Damages, Jurisdiction, Personal Injury
