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Kotula v EDF Energy Networks (Epn) Plc and Others: QBD 15 Jun 2010

The claimant cyclist sought damages for severe personal injury. He was walking or riding his cycle through some roadworks by the roadside, and fell out through roadside barriers into the path of a car. The defendants admitted that the path was less wide than it should have been, but said he should not have been … Continue reading Kotula v EDF Energy Networks (Epn) Plc and Others: QBD 15 Jun 2010

Birch v Ministry of Defence: CA 14 Jun 2013

The claimant appealed against rejection of his claim for personal injuries. He had been driving a Land Rver whilst on active duty in Afghanistan. He said that he was known not to be properly qualified to drive. Held: The appeal was allowed. Once it was known to the defendants that the claimant was to be … Continue reading Birch v Ministry of Defence: CA 14 Jun 2013

Stapley v Gypsum Mines Ltd: HL 25 Jun 1953

Plaintiff to take own responsibility for damage The question was whether the fault of the deceased’s fellow workman, they both having disobeyed their foreman’s instructions, was to be regarded as having contributed to the accident. Held: A plaintiff must ‘share in the responsibility for the damage’ for the Act to apply, and this involves consideration … Continue reading Stapley v Gypsum Mines Ltd: HL 25 Jun 1953

Platform Home Loans Ltd v Oyston Shipways Ltd and others: HL 18 Feb 1999

The plaintiffs had lent about 1 million pounds on the security of property negligently valued at 1.5 million pounds. The property was sold for much less than that and the plaintiffs suffered a loss of 680,000 pounds. The judge found that the plaintiffs had been contributorily negligent in failing to note that the borrowers had … Continue reading Platform Home Loans Ltd v Oyston Shipways Ltd and others: HL 18 Feb 1999

Standard Chartered Bank v Pakistan National Shipping Corporation, Standard Chartered Bank v Pakistan National Shipping Corporation and Others and Another and Others (Nos 2 and 4): HL 6 Nov 2002

Fraudulent Misrepresentation by Company Director Fraudulent bills of lading had been issued in order to rely upon letters of credit issued by the bank. The director signing the bills sought to avoid personal liability, saying it was the Act of the company. The defendant company also appealed on the basis that the claimant bank had … Continue reading Standard Chartered Bank v Pakistan National Shipping Corporation, Standard Chartered Bank v Pakistan National Shipping Corporation and Others and Another and Others (Nos 2 and 4): HL 6 Nov 2002

Standard Chartered Bank v Pakistan National Shipping Corporation, Seaways Maritime Ltd, SGS United Kingdom Ltd, Oakprime International Ltd, Arvind Mehra (No 2): CA 27 Jul 2000

Where a deceit was established leading to an award of damages, that award of damages was not capable of being reduced under the 1949 Act through a contribution to the loss occasioned by the claimant’s own behaviour, where that behaviour did not fall . .