Baynham v Royal Wolverhampton Hospitals Nhs Trust: CA 13 Dec 2016

Appeal by a young woman suffering from cerebral palsy against a decision that a 30 minute delay in delivering her by Caesarean section did not cause or materially contribute to her disabilities. The principal issue in this appeal is whether the trial judge erred in assessing the expert evidence.

[2016] EWCA Civ 1249
Bailii
England and Wales

Personal Injury

Updated: 27 January 2022; Ref: scu.572409

Wilsons and Clyde Coal Co Ltd v English: HL 19 Jul 1937

The employer had entrusted the task of organising a safe system of work to an employee as a result of whose negligence another employee was injured. The employer could not have been held liable for its own negligence, since it had taken all reasonable care in entrusting the job to a competent employee, nor could it have been held liable vicariously since common employment would have been a defence.
Held: The desire to escape the consequences of the doctrine of common employment might justify the courts imposing a non-delegable duty of care. The employer was liable for breach of a personal duty to see that care was taken by the person whom it appointed to organise the system of work. The employer’s failure to provide a safe system of work was held to constitute a failure by it to discharge the personal non-delegable duty to provide a safe system. Fundamental obligations of a contract of employment, such as the duty to take reasonable care for the safety of an employee, constitute rights under a contract of employment and not merely rights in connection with it.
Lord Wright said that the obligation owed by an employer to his employee was not discharged by entrusting its fulfilment to employees, even though selected with due care and skill. The (non-delegable) obligation was threefold: ‘the provision of a competent staff of men, adequate material and a proper system and effective supervision’, and: ‘What the Court of Appeal have said amounts to reducing the three heads of duty to one only – that is, to engage competent employees of the higher grades and then everything else may be left to them. If that is done, the employers, it seems, will be free from further responsibility. Those whom they have engaged, if chosen with due care and skill, may appoint any other employee, may deal with the provision of paint and material, may determine the system of work. However negligently they may act and however dangerous the results of what they do may be to the workpeople, the employers on this view will be free from liability. The employee will have no remedy against the employer. His only remedy will be against his fellow-employee, which will be difficult to establish and in all probability worthless.’
The character of the duty was personal to the defendant and therefore non-delegable. Lord Macmillan said: ‘[The defendant] cannot divest himself of this duty, though he may – and, if it involves technical management and he is not himself technically qualified, must – perform it through the agency of an employee. It remains the owner’s obligation, and the agent whom the owner appoints to perform it performs it on the owner’s behalf. The owner remains vicariously responsible for the negligence of the person whom he has appointed to perform his obligation for him, and cannot escape liability by merely proving that he has appointed a competent agent. If the owner’s duty has not been performed, no matter how competent the agent selected by the owner to perform it for him, the owner is responsible.’

Lord Atkin, Lord Thankerton, Lord Macmillan, Lord Wright, and Lord Maugham
[1938] AC 57, [1937] UKHL 2, [1937] 3 All ER 628
Bailii
England and Wales
Citing:
CitedBartonshill Coal Co v Reid HL 1858
A workman had been killed through the overturning of the miners’ cage, the engineman having failed to stop the ascending cage at the platform and having allowed it to be sent with great force up against the scaffolding. An allegation was made that . .
CitedLochgelly Iron and Coal Co v McMullan HL 10-Jul-1933
Lord Wright coined the term ‘statutory negligence’. He affirmed the need for ‘damage’ as an essential element of actionable negligence, saying: ‘In strict legal analysis, negligence means more than heedless or careless conduct, whether in omission . .

Cited by:
CitedSutherland v Hatton; Barber v Somerset County Council and similar CA 5-Feb-2002
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work.
Held: Employers have a duty to take reasonable care for the safety of their employees. There are . .
CitedA v Ministry of Defence and another QBD 16-Apr-2003
The claimant’s father a member of the armed forces had been posted to Germany, and his wife, A’s mother had gone with him. A had been born in Germany, but suffered injury at birth through the negligence of the doctor’s appointed by the defendant . .
CitedFytche v Wincanton Logistics Plc HL 1-Jul-2004
The claimant was employed as a milk truck driver. He was issued with a pair of boots capped to protect his feet from impact. In a snowstorm, and against company advice, he sough to dig himself out. The boots leaked and he suffered frostbite. He . .
ExplainedKondis v State Transport Authority 16-Oct-1984
(High Court of Australia) Mason J discussed the concept of the personal duty which Lord Wright expounded in Wilson and said that it made it impossible to draw a convincing distinction between the delegation of performance of the employer’s duty to . .
CitedFarraj and Another v King’s Healthcare NHS Trust (KCH) and Another CA 13-Nov-2009
The claimant parents each carried a gene making any child they bore liable to suffer a serious condition. On a pregnancy the mother’s blood was sent for testing to the defendants who sent it on to the second defendants. The condition was missed, . .
CitedBritish Telecommunications Plc v Royal Mail Group Ltd QBD 7-Jan-2010
The court considered the liability of the claimant for injury claims by former members of the Post Office at the date of the transfer.
Held: The obligations had been transferred: ‘section 10(2) of the Act, if read according to both its natural . .
CitedWoodland v The Swimming Teachers’ Association and Others QBD 17-Oct-2011
The court was asked as to the vicarious or other liability of a school where a pupil suffered injury at a swimming lesson with a non-employee during school time, and in particular whether it had a non-delegable duty to ensure the welfare of children . .
CitedWoodland 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 fail. . .
CitedWoodland v Essex County Council SC 23-Oct-2013
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . .

Lists of cited by and citing cases may be incomplete.

Employment, Negligence, Personal Injury, Vicarious Liability, Health and Safety

Updated: 26 January 2022; Ref: scu.181796

Barkey v A G Moore and Co: HL 23 Jul 1923

Two miners while engaged in clearing gas from a pit were killed by an explosion. In an arbitration at the instance of the representatives of one of the men the arbitrator found that the explosion was due to an attempt to re-light a Glennie lamp in breach of the Coal Mines Act 1911 and refused compensation. There was no evidence that the deceased opened the lamp, which as a matter of fact belonged to the other man, or that he attempted to re-light it, nor was it proved that he was in possession of matches. Held ( aff. the judgment of the Second Division) that as the deceased was doing his work when the accident took place he was prima facie within the statute; that the onus of showing that he had contributed to the contravention, or had acted outside the scope of his employment, lay on his employers; that in the circumstances they had failed to discharge it, and that accordingly compensation fell to be awarded.

Viscount Haldane, Lord Atkinson, Lord Shaw, and Lord Parmoor
[1923] UKHL 633, 60 SLR 633
Bailii
Scotland

Employment, Personal Injury

Updated: 26 January 2022; Ref: scu.633263

Hutson and Another, The Personal Representatives of v Tata Steel UK Ltd: QBD 1 Feb 2019

The claimants sought compensation from the defendant in respect of injuries, loss and damage alleged to have been sustained by employees in the steel industry as a result of the inhalation of harmful dust and fumes at work.

Turner J
[2019] EWHC 143 (QB)
Bailii
England and Wales

Personal Injury

Updated: 26 January 2022; Ref: scu.633240

3 William Dixon, Ltd v Madden: HL 14 Jun 1923

A miner who had been injured by an accident was awarded compensation in respect of partial incapacity, and thereafter obtained light work at a reduced wage. His right to compensation was with his consent subsequently terminated in consequence of a general rise in the level of wages, which brought the amount he was able to earn above the pre-accident level. The light work on which he was employed having ceased owing to the pit being flooded as the sequel of a strike, and no other employment being available for him, he applied for a renewal of compensation. Held ( aff. the judgment of the Second Division) that as the workman’s incapacity due to the accident still continued, his right to compensation was not terminated by the supervening of a period of unemployment, and that accordingly he was entitled to compensation.
2. John Watson, Limited v. Quinn.
3. William Dixon, Limited v. Madden.
A miner who had been injured by an accident was awarded compensation in respect of partial incapacity and thereafter obtained light work at the surface. His right to compensation was subsequently terminated in consequence of a general rise in the level of wages, which brought the amount he was able to earn above the pre-accident level. On wages falling again below that level in consequence of economic causes he applied for a renewal of compensation. His physical condition remained the same as it was at the date of the original award. But for the accident he would have been able during this period to earn as a miner a wage substantially the same as his average weekly earnings prior to the accident. Held ( aff. the judgment of the Second Division) that as the workman’s inability to earn his former wage was due to the incapacity caused by the accident and not to economic causes, he was entitled to an award of compensation.

Earl of Birkenhead, Viscount Finlay, Lord Dunedin, Lord Atkinson, and Lord Shaw
[1923] UKHL 615, 60 SLR 615
Bailii
Scotland

Employment, Personal Injury

Updated: 26 January 2022; Ref: scu.633261

Macdonald or Duris v Wilsons and Clyde Coal Co Ltd: HL 13 May 1912

Master and Servant – Workmen’s Compensation Act 1906 (8 Edw. VII, cap. 58), Schedule I (16) – Weekly Payment – Review – Partial Incapacity – Inability to Find Suitable Work – No Change in Physical Condition

the Lord Chancellor (Loreburn), Lord Macnaghten, Lord Atkinson, and Lord Shaw
[1912] UKHL 708, 49 SLR 708
Bailii
Workmen’s Compensation Act 1906
England and Wales

Health and Safety, Personal Injury

Updated: 26 January 2022; Ref: scu.619244

Laroche v Spirit of Adventure (UK) Ltd: QBD 17 Apr 2008

The claimant was injured in a hot air balloon. The defendant relied on the Rules in the Act to limit his liability to two years after the event.
Held: An internal flight in a hot air balloon was to be characterised as a journey by aircraft. The two year limitation period applied.

Eady J
[2008] EWHC 788 (QB), Times 23-Apr-2008, [2008] 2 All ER (Comm) 1076, [2008] 2 Lloyd’s Rep 34, [2008] 4 All ER 494
Bailii
Carriage by Air Acts (Application of Provisions) Order (SI 1967 No 480)
England and Wales
Cited by:
Appeal fromLaroche v Spirit of Adventure (UK) Ltd CA 21-Jan-2009
Hot Air balloon was an aircraft: damages limited
The claimant was injured flying in the defendant’s hot air balloon. The defendant said that the journey was covered by the 1967 Regulations and the damages limited accordingly. The claimant appealed against a decision that the balloon was an . .

Lists of cited by and citing cases may be incomplete.

Negligence, Personal Injury, Transport

Updated: 26 January 2022; Ref: scu.266967

Commission v Italy (Judgment): ECJ 11 Oct 2016

Failure of a Member State to fulfil obligations – Directive 2004/80/EC – Article 12(2) – National compensation schemes for victims of violent intentional crime guaranteeing fair and appropriate compensation – National scheme not covering all violent intentional crimes committed on the national territory

C-601/14, [2016] EUECJ C-601/14
Bailii
European

Personal Injury

Updated: 25 January 2022; Ref: scu.570128

Brown and Others v South West Lakes Trust and Others: CA 17 Jan 2022

This appeal raises issues about whether claims: (1) under the Occupiers’ Liability Act 1984 (‘the 1984 Act’) against occupiers of land adjoining a highway; and (2) against the relevant highway authority; arising from a tragic road traffic accident were reasonable causes of action or had a real prospect of success.

Lord Justice Lewison
Lord Justice Dingemans
And
Lord Justice William Davis
[2022] EWCA Civ 18
Bailii
Occupiers’ Liability Act 1984
England and Wales

Personal Injury, Negligence, Land

Updated: 24 January 2022; Ref: scu.671302

Klein v Commission: ECFI 28 Sep 2016

ECJ (Judgment) Non-contractual liability – Directive 93/42 / EEC – Harmonized Plan for the safety and protection of the health of patients, users and third parties for the use of medical devices – Article 8 – Notification of a decision prohibiting the placing on the market – No position taken by the Commission – Article 18 – undue CE Marking – Damage – sufficiently serious breach of a rule of law conferring rights on individuals – causation

ECLI:EU:T:2016:570, [2016] EUECJ T-309/10
Bailii
European

European, Personal Injury, Health Professions

Updated: 23 January 2022; Ref: scu.569635

Lewis v Tindale and Others: QBD 14 Sep 2018

The court was asked as to the liability of the Motor Insurer’s Bureau for an accident not occurring on a public road.
Held: Soole J said that section 145 should not be read down, because reading down would go against the grain and thrust of the legislation, because it raised policy ramifications which were not within the institutional competence of the courts, and because it would necessarily impose retrospective criminal liability under section 143.

Mr Justice Soole
[2018] EWHC 2376 (QB), [2019] Lloyd’s Rep IR 324, [2019] PIQR P5, [2019] 1 All ER (Comm) 747, [2019] RTR 10, [2019] 3 CMLR 4, [2019] 1 All ER 870, [2019] 1 WLR 1785
Bailii
Road Traffic Act 1988 143 145
England and Wales
Cited by:
CitedR and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd SC 27-Mar-2019
The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, European

Updated: 23 January 2022; Ref: scu.625532

RoadPeace v Secretary of State for Transport: Admn 7 Nov 2017

RoadPeace challenged certain legislation, as to compulsory insurance for motor vehicles, and for payment of compensation for personal injury and damages caused by uninsured driver, saying that it failed properly to implement European law.
Held: Ouseley J recorded and accepted the view of the Secretary of State for Transport and the Motor Insurers’ Bureau that section 145(3)(a) could not be read down and that there required to be amending legislation.

Ouseley J
[2017] EWHC 2725 (Admin), [2017] WLR(D) 736
Bailii, WLRD
Road Traffic Act 1988 145 151 153(3), Third Parties (Rights Against Insurers) Act 2010 1(4), European Communities (Rights Against Insurers) Regulations 2002, Parliament and Council Directive 2009/103/EC
England and Wales
Cited by:
CitedR and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd SC 27-Mar-2019
The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and . .

Lists of cited by and citing cases may be incomplete.

European, Personal Injury, Road Traffic, Insurance

Updated: 23 January 2022; Ref: scu.599418

Inman v Kenny and Another: CA 12 Jan 2001

The claimant was sat below an embankment. A motorcycle driven by the defendant left the path at the top of the embankment landing on her causing serious injuries.

Lord Justice Peter Gibson
Lord Justice Chadwick
Lord Justice Keene
[2001] EWCA Civ 35, [2001] PIQR P18
Bailii
England and Wales
Cited by:
CitedR and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd SC 27-Mar-2019
The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and . .

Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 23 January 2022; Ref: scu.217939

John Brown and Co Ltd v Baird: HL 4 Dec 1923

An injured workmen was paid compensation by his employers at the full statutory rate of pounds 1 per week plus the corresponding war addition of 15s. per week from 15th April 1920, the date of the accident, until 21st August 1920, when they ceased payment, maintaining that he had fully recovered. The workman contended that he was still incapacitated, but eventually signed a discharge of all his claims under the Workmen’s Compensation Act and the War Additions Acts for pounds 35. The recording of the memorandum of the agreement having been objected to by an approved society, of which the workman was a member, on the ground that the sum was inadequate, the matter was referred to the Sheriff-Substitute as arbitrator. Before anything more had been done the workman raised arbitration proceedings, to which his employers replied by founding on the discharge. The arbiter having found that the agreement was void in respect that it amounted to contracting out of the Act, the employers appealed by way of Stated Case. Eventually the present appeal was taken.
Held ( rev. judgment of the First Division, Lord Skerrington diss.) that the workman was not barred by the discharge from applying for an award of compensation; that the discharge amounted to an agreement to contract out of the Act in breach of section 3, sub-section 1; and that accordingly it fell to be set aside.

61 SLR 43
[1923] UKHL 43, 61 SLR 43
Bailii
Workmen’s Compensation Act 1906
England and Wales

Employment, Personal Injury

Updated: 22 January 2022; Ref: scu.633270

RXDX v Northampton Borough Council and Another: CA 9 Jun 2016

Thw Council sought leave to appeal against a finding that lifeguards at its pool had been negligent after the claimant, a child of 6 years old and unable to swim, had suffered serious injury at their swimming pool.
Held: It was arguable that the judge had set the standard of care too high as against the council. Leave to appeal granted.

[2016] EWCA Civ 672
Bailii
England and Wales

Negligence, Personal Injury

Updated: 22 January 2022; Ref: scu.568621

KA and Another v East Midlands Ambulance Service NHS Trust: CA 12 Apr 2016

Renewed application for permission to appeal against an order made on 27 November 2015 whereby he ordered that there be judgment for the second claimant for damages to be assessed. The second claimant was the child born of his mother, the first claimant, following antenatal emergency which was found to have caused the subsequent devastating injuries to the child which are lifelong.

Macur LJ
[2016] EWCA Civ 647
Bailii
England and Wales

Personal Injury, Professional Negligence

Updated: 22 January 2022; Ref: scu.568599

Chell v Tarmac Cement and Lime Ltd: CA 12 Jan 2022

Explosive Pellet Use Not Within Employee’s Role.

The claimant worked on a site operated by the respondent. One of the respondent’s employees exploded two pellet targets injuring the claimant’s hearing. He asserted vicarious liability in the respondent. There had been tensions between the claimant and the respondent’s own staff. The judge found that the use of the pellets was not within the range of duties assigned to the respondent’s employees, and that they were therefore not responsible.
Held: The appeal failed. The parties did not challenge the judge’s analysis of the law. On the facts: ‘ the careful and detailed findings of fact made by the judge, unchallenged by the appellant, are fatal to this appeal. What they demonstrate is that there was not a sufficiently close connection between the act which caused the injury and the work of Mr H so as to make it fair, just and reasonable to impose vicarious liability on Tarmac.’ The pellet was not part of the respondent’s equipment, and nor was it part of his work to use it. No supervisory role existed.
‘In order to succeed on the alleged breach of the employer’s duty of care, it must be shown that there was a reasonably foreseeable risk of injury to the appellant by reason of the actions of Mr Heath. It is accepted that horseplay, ill-discipline and malice could provide a mechanism for causing such a reasonably foreseeable risk but, in my view, it is not made out on the facts of this case.’

Lady Justice Nicola Davies
Lady Justice Simler
And
Lord Justice William Davis
[2022] EWCA Civ 7
Bailii
England and Wales
Citing:
CitedJacobi v Griffiths 17-Jun-1999
(Canadian Supreme Court) The process for determining when a non-authorised act by an employee is so connected to the employer’s enterprise that liability should be imposed involved two steps: 1. Firstly a court should determine whether there are . .
CitedCox v Ministry of Justice SC 2-Mar-2016
The claimant was working in a prison supervising working prisoners. One of them dropped a bag of rice on her causing injury. At the County Curt, the prisoner was found negligence in the prisoner, but not the appellant for vicarious liability. The . .
CitedBazley v Curry 17-Jun-1999
(Canadian Supreme Court) The court considerd the doctrine of vicarious liability: ‘The policy purposes underlying the imposition of vicarious liability on employers are served only where the wrong is so connected with the employment that it can be . .
CitedMohamud v WM Morrison Supermarkets plc SC 2-Mar-2016
The claimant had been assaulted and racially abused as he left a kiosk at the respondent’s petrol station by a member of staff. A manager had tried to dissuade the assailant, and the claim for damages against the supermarket had failed at first . .
CitedLister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .
CitedGraham v Commercial Bodyworks Ltd CA 5-Feb-2015
The claimant had been very badly burned. He was covered in flammable liquid when a co-worker lit a cigarette.
Held: The claimant’s appeal failed. ‘although the defendant employers did create a risk by requiring their employees to work with . .
CitedCockbill v Riley QBD 22-Mar-2013
The claimant sufferd catastrophic injury diving into a paddling pool at a party held by the defendant for his daughter to celebrate completing her GCSEs.
Held: The claim failed. ‘It was reasonably foreseeable that someone would lose his . .
CitedDubai Aluminium Company Limited v Salaam and Others HL 5-Dec-2002
Partners Liable for Dishonest Act of Solicitor
A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners.
Held: The acts complained of were so close to . .
Appeal fromChell v Tarmac Cement and Lime Ltd QBD 5-Oct-2020
. .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Vicarious Liability

Updated: 22 January 2022; Ref: scu.671052

Hayden v Hayden: CA 24 Mar 1992

Appeal by the defendant driver against the level of an award of damages to a minor suing by her next friend The plaintiff cross-appeals to argue that it was not large enough. The action resulted from a motor accident on 30th August 1983. The defendant was driving a motor car towing a caravan. His wife was a passenger in the car when the car and caravan overturned and his wife was killed. Liability was not disputed.

Parker, McCowan LJJ, Sir David Croom-Johnson
[1992] EWCA Civ 13, [1992] 1 WLR 986
Bailii
England and Wales

Damages, Personal Injury

Updated: 22 January 2022; Ref: scu.262621

Parry v Cleaver: HL 5 Feb 1969

PI Damages not Reduced for Own Pension

The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of the ill-health pension from the net value of the pension which the petitioner would otherwise have received during the period after his normal retirement date. Such a pension should not be deducted from loss of earnings prior to the normal retirement date, because a wrongdoer should not benefit from the fact that an individual had chosen to provide for his own misfortune or that he was receiving benefits from the public at large or benevolence from friends or relations. Gourley’s case had nothing to do with the question whether sums coming to the plaintiff as proceeds of insurance or by reason of benevolence should be deducted. ‘Two questions can arise. First, what did the plaintiff lose as a result of the accident? What are the sums which he would have received but for the accident but which by reason of the accident he can no longer get? And secondly, what are the sums which he did in fact receive as a result of the accident but which he would not have received if there had been no accident? And then the question arises whether the latter sums must be deducted from the former in assessing the damages.’
Lord Reid said: ‘It would be revolting to the ordinary man’s sense of justice, and therefore contrary to public policy, that the sufferer should have his damages reduced so that he would gain nothing from the benevolence of his friends or relations or the public at large, and that the only gainer would be the wrongdoer. We do not have to decide in this case whether these considerations also apply to public benevolence in the shape of various uncovenanted benefits from the welfare state, but it may be thought that Parliament did not intend them to be for the benefit of the wrongdoer.’ and
‘As regards moneys coming to the plaintiff under a contract of insurance, I think that the real and substantial reason for disregarding them is that the plaintiff has bought them and that it would be unjust and unreasonable to hold that the money which he prudently spent on premiums and the benefit from it should ensure to the benefit of the tortfeasor . . why should it make any difference that he insured by arrangement with his employer rather than with an insurance company?’ and
‘It is generally recognised that pensionable employment is more valuable to a man than the mere amount of his weekly wage. It is more valuable because by reason of the terms of his employment money is being regularly set aside to swell his ultimate pension rights whether on retirement or on disablement. His earnings are greater than his weekly wage. His employer is willing to pay pounds 24 per week to obtain his services and it seems to me that he ought to be regarded as having earned that sum per week. The products of the sums paid into the pension fund are in fact delayed remuneration for his current work. That is why pensions are regarded as earned income.
But the man does not get back in the end the accumulated sums paid into the fund on his behalf. This is a form of insurance. Like every kind of insurance what he gets back depends on how things turn out. He may never be off duty and may die before retiring age leaving no dependants. Then he gets nothing back. Or he may by getting a retirement or disablement pension get much more back than has been paid in on his behalf. I can see no relevant difference between this and any other form of insurance. So, if insurance benefits are not deductible in assessing damages and remoteness is out of the way, why should his pension be deductible? . .
A pension is intrinsically of a different kind from wages. If one confines one’s attention to the period immediately after the disablement it is easy to say that but for the accident he would have got pounds x, now he gets pounds y, so his loss is pounds x -pounds y. But the true solution is that wages are a reward for contemporaneous work but that a pension is the fruit, through insurance, of all the money which was set aside in the past in respect of his past work. They are different in kind’.
Lord Wilberforce: ‘Lastly I see no inconsistency between (i) not bringing the police pension into account against the civilian wages (periods 2 and 3) and (ii) bringing the reduced police pension into account against the greater he would have received if he had not been injured (period 4). These are two quite different pension equations and the difficult legal questions which relate to the earlier period never arise in relation to period 4, where all that is needed is an arithmetical calculation of pension loss. On the two related grounds, each of which would separately justify the conclusion, namely, (a) that the police pension is payable in any event and is not dependent on loss of earning capacity and (b) that the pension is to be regarded as the reward or earning of pre-injury service and therefore not entering into the computation of lost post-injury wages, I would reach the conclusion that it should not be deducted against damages recoverable from a third person for approved loss of earning capacity.’
Lord Reid said: ‘It is said to make all the difference that both the future wages of which he has been deprived by the fault of the defendant, and the benefit which has accrued by reason of his disablement come from the same source or arise out of the same contract. This seems to be founded on an idea of remoteness which is, I think, misconceived. Remoteness from the defendant’s point of view is a familiar conception in connection with damages. He pays damages for loss of a kind which he might have foreseen but not for loss of a kind which was not foreseeable by him. But here we are not dealing with that kind of remoteness. No one has ever suggested that the defendant gets the benefit of receipts by the plaintiff after his accident if they are of a kind which he could have foreseen, but not if they are of a kind which he could not have foreseen, or vice versa That the plaintiff may, in consequence of the defendant’s fault, receive benefit from benevolence, or insurance is no more or no less foreseeable or remote than that he may get a benefit from a pension to be paid by his employer. If remoteness has any relevance here it is quite a different kind of remoteness-the connection or absence of connection between the source of the benefit and the source of the wages. But what has that got to do with the defendant? It is rational to make the extent of the defendant’s liability depend on remoteness from his point of view-on what he knew or could or should have foreseen. But it is, to my mind, an irrational technicality to make that depend on the remoteness or closeness of relationship between the plaintiff’s source of loss and source of gain. Surely the distinction between receipts which must be brought into account and those which must not must depend not on their source but on their intrinsic nature.’
and: ‘A pension is intrinsically of a different kind from wages. If one confines one’s attention to the period immediately after the disablement it is easy to say that but for the accident be would have got pounds X, now he gets pounds Y, so his loss is pounds X-Y. But the true situation is that wages are a reward for contemporaneous work, but that a pension is the fruit, through insurance of all the money which was set aside in the past in respect of his past work. They are different in kind.’

Lord Reid, Lord Wilberforce, Lord Moris of Borth-y-Gest and Lord Pearson dissenting
[1970] AC 1, [1969] UKHL 2, [1969] 2 WLR 821, [1969] 1 All ER 555, [1969] 1 Lloyd’s Rep 183
Bailii
England and Wales
Citing:
ExplainedBritish Transport Commission v Gourley HL 1955
It is a universal rule that the plaintiff cannot recover more than he has lost and that realities must be considered rather than technicalities. The damages to be awarded for personal injury including loss of earnings should reflect the fact that . .
ApprovedRedpath v Belfast and County Down Railway CANI 1947
The plaintiff sought damages for personal injury. The defendant company sought to bring into account sums received by the plaintiff from a distress fund to which members of the public had contributed. Plaintiff’s counsel were said to having . .
CitedPayne v Railway Executive 1951
Disablement pensions, whether voluntary or not, are to be ignored in the assessment of damages. . .
CitedPaff v Speed 6-Apr-1961
(High Court of Australia) ‘The first consideration is what is the nature of the loss or damage which the plaintiff says he has suffered.’
Damages – Personal injuries – Matters to be considered in reduction of damages – Plaintiff policeman at . .
Appeal fromParry v Cleaver CA 9-May-1967
The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been . .
ApprovedBradburn v Great Western Rail Co CEC 1874
The plaintiff had received a sum of money from a private insurer to compensate him for lost income as a result of an accident caused by the negligence of the defendant.
Held: He was entitled to full damages as well as the payment from the . .
DisapproveBrowning v War Office CA 1962
The plaintiff had been a technical sergeant in the United States Air Force; his pay had been $450 per month and after his injuries caused by the negligence of the defendants’ driver he received only a ‘veteran’s benefit’ of $217 per month
CitedForgie v Henderson 1818
The pursuer was assaulted by the defender. During part of his resulting illness he received an allowance from a friendly society.
Held: In charging the jury, the Lord Chief said ‘I do not think that you can deduct the allowance from the . .
CitedDalby v The India and London Life Assurance Company HL 9-May-1851
An insurance company (Anchor) had taken out insurance with the defendant on the life of the Duke of Cambridge in the sum of pounds 1000 for which it paid a yearly premium during the life of the Duke. Anchor had itself granted policies of insurance . .
CitedLivingstone v Rawyards Coal Co HL 13-Feb-1880
Damages or removal of coal under land
User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the . .
CitedJones v Gleeson 1965
(Australia) When a policeman who had retired retired through injury sought damages for that injury, the pension he received as a result of his retirement was to be ignored entirely: ‘In recent years, however, the relevance or otherwise to the issue . .
CitedEldridge v Videtta 1964
The court declined to take into account to reduce the damages, benefits received under the national assistance scheme. . .
CitedBritish Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited HL 1912
The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the . .
CitedFoxley v Olton 1964
Unemployment benefits received by a plaintiff must be set off against a claim for damages. . .
CitedAdmiralty Commissioners v Steamship Amerika (Owners), The Amerika PC 13-Aug-1917
The Admiralty sought to recover as an item of loss the pensions payable to the widows of sailors killed in an accident to a submarine: . .
CitedElstob v Robinson 1964
The defendant sought to have taken into account when calculating the plaintiff’s damages a service pension he received. . .
CitedAdmiralty Commissioners v SS Volute (Owners), The Volute HL 1921
When assessing negligence the court must ask whether it was ‘so much mixed up with the state of things brought about’ by the defendant that ‘in the ordinary plain common sense of this business’ it must be regarded as having contributed to the . .
CitedAdmiralty Commissioners v Valeria (Owners) 1922
The court referred to the correct sum of damages as that pecuniary sum which will make good to the sufferer, so far as money can do, the loss which he has suffered as the natural result of the wrong done to him. . .
CitedCarroll v Hooper 1964
The defendant asked the court to deduct from the plaintiff’s damages the service pension he received.
Held: It should be disregarded as discretionary. . .
CitedBaker v Dalgleish Steam Shipping Co Ltd 1922
The court considered the deduction of a pension from an award of damages: ‘The fact that the continuance of the pensions is in the discretion of the Minister does not, in my opinion, exclude them from consideration. The reasonable expectation of . .
CitedSmith v Canadian Pacific Railway Company 1963
(Canada – Saskatchan) A police officer had retired through injury and sought damages. The defendant sought to deduct his pension.
Held: His police pension was to be apportioned so that the portion attributable to his own contributions were to . .
CitedAdmiralty Commissioners v Chekiang (Owner), The Chekiang HL 1926
There had been a collision at sea in which the defendant’s vessel caused damage to HMS Cairo. The House was asked to assess damages after damage to the plaintiff’s vessel, and whether in the case of a warship the registrar had been entitled to award . .
CitedParsons v BNM Laboratories Ltd CA 1963
Unemployment benefit was deductible from damages for wrongful dismissal. The benefit was not ‘purely personal’, the employer had made a contribution, and the plaintif had a duty to mitigate his loss (Sellers LJ). The benefit was not ‘truly . .
CitedLiesbosch Dredger (Owners of) v Owners of SS Edison, The Liesbosch HL 28-Feb-1933
The ship Edison fouled the moorings of the Liesbosch resulting in the total loss of the dredger when it sank. It had been engaged on work in the harbour under contract with the harbour board. All the owners’ liquid resources were engaged in the . .
CitedLiffen v Watson 1940
After being injured in an accident a domestic servant was unable to continue in her employment in which she received pounds 1 a week wages and board and lodging. After the accident she went to live with her father to whom she made no payment for . .
CitedRedpath v Belfast and County Down Railway CANI 1947
The plaintiff sought damages for personal injury. The defendant company sought to bring into account sums received by the plaintiff from a distress fund to which members of the public had contributed. Plaintiff’s counsel were said to having . .
CitedGraham v Baker 1961
The court considered whether a pension received by a plaintiff should affect the damages to be awarded. . .
CitedShearman v Folland CA 1950
The injured plaintiff had lived before the accident in hotels to which she paid seven guineas a week for board and lodging. After the accident she spent just over a year in nursing homes at a cost of twelve guineas a week exclusive of medical . .
CitedNational Insurance Co of New Zealand Ltd The v Espagne 6-Apr-1961
(High Court of Australia) The court considered the relevance of a pension awarded to an injured person.
Damages – Action for personal injuries caused by negligence – Matters to be considered in reduction of damages – Invalid pension – Awarded . .
CitedPayne v Railway Executive 2-Jan-1951
A Royal Navy sailor was disabled by a railway accident and was awarded a disability pension of pounds 2 16s. 3d. per week. At first instance J Sellers had held that Bradburn’s case applied so as to prevent deduction of the value of the pension. If . .
CitedJudd v Board of Governors, Hammersmith, West London and St. Mark’s Hospitals 1960
The plaintiff, a local government officer had made compulsory contributions to his superannuation scheme.
Held: A contributory pension received early on an injury was to be ignored until the normal retiring age, but deducted for the later . .
CitedPeacock v Amusement Equipment Co Ltd CA 1954
The deceased received fatal injuries riding a miniature railway. The plaintiff, her surving husband, sought damages under the Fatal Accidents Acts. Her estate included a grocery shop with a flat, in which she and the plaintiff resided. She left the . .
CitedWatson v Ramsay 1960
(New South Wales) The right to have a pension or the chance of having a pension from his employer is part of what a servant earns by his labour. The distinction is not valid. . .
CitedMonmouthshire County Council v Smith 1956
The court considered whether a police pension which became payable on early retirement through injury was deductible from damages awarded for the injury.
Held: Yes. . .
CitedMetropolitan Police District Receiver v Croydon Corporation 1957
Where an employer is under a statutory obligation to pay wages whether the employee is fit for duty or not, the law is that the employee has suffered no loss and can recover no damages, and where the plaintiff continues to be paid these sums, they . .

Cited by:
CitedCantwell v Criminal Injuries Compensation Board IHCS 9-Feb-2000
The petitioner appealed a refusal of his claim for compensation. He was a serving police officer injured whilst arresting an offender. He had retired on medical grounds and received pensions, which the Board found deductible from any award reducing . .
CitedPirelli General Plc and others v Gaca CA 26-Mar-2004
The claimant was awarded damages from his employers, who claimed that the benefits received by the claimant from an insurance policy to which the defendants had contributed should be set off against the claim.
Held: McCamley was no longer good . .
CitedHussain 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 . .
CitedHunt v Severs HL 7-Sep-1994
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 . .
CitedDimond v Lovell HL 12-May-2000
A claimant sought as part of her damages for the cost of hiring a care whilst her own was off the road after an accident caused by the defendant. She agreed with a hire company to hire a car, but payment was delayed until the claim was settled.
CitedSouth West Trains Ltd v Wightman and Others ChD 14-Jan-1998
The trades’ union had agreed with the employer that what had been irregular and non-pensionable payments made to employees would, in future, be paid regularly, but that only certain parts of the payments become pensionable. The employer now sought . .
CitedCantwell v Criminal Injuries Compensation Board HL 5-Jul-2001
When calculating the losses suffered by a victim of crime, the allowance to be made for losses to a retirement pension through having to retire early should have set off against them, the benefits received by way of payments for his ill-health, . .
ExplainedAuty v National Coal Board CA 1985
A widow received a widow’s pension under a Coal Board scheme on the death of her husband, which had been caused by the defendants’ negligence.
Held: She did not have to give credit for this pension when the value of her dependency on her . .
ApprovedWilson v National Coal Board HL 1981
A entire colliery closed down and all employees other than the pursuer were offered and accepted alternative employment, thus disqualifying them from receiving redundancy payments. The pursuer, who had been injured by the accident for which the . .
CitedCunningham v Harrison CA 17-May-1973
The plaintiff had been severely injured, and would need nursing care for the rest of his life. His wife nursed him until her death, but had given a statement that if not for her two full time nurses would be required. His employer continued to pay . .
CitedClenshaw v Tanner and others CA 27-Nov-2002
The claimant was a cyclist. He passed along inside a line of traffic, and collided with a lorry turning left into a petrol station ahead of him, suffering serious injuries. He appealed against a finding that the lorry driver had signalled and that . .
CitedRoyston Frederick Williams v BOC Gases Ltd CA 29-Mar-2000
The plaintiff claimed damages from his employer in respect of injuries suffered during the course of his employment. The defendant paid the claimant a sum to which he had no contractual entitlement, saying that it was to be treated as an advance . .
CitedMcMullen v Gibney and Gibney NIHC 13-Jan-1999
. .
CitedLongden v British Coal Corporation HL 13-Mar-1997
The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit.
Held: The issue of deductibility where the claim is for . .
CitedLarkham v Lynch 1974
The plaintiff had sustained serious injuries and sought damages. One item of special damages was a sum for loss of pension between the age of 60, when he would have retired, and the age of 65, which was the limit of his life expectancy as a result . .
CitedDews v National Coal Board HL 1988
The plaintiff miner sought damages for an injury suffered at work.
Held: An employee who had been injured at work could not recover unpaid pension contributions, which had no effect on his pension entitlement, as part of his loss of pay while . .
CitedLongden v British Coal Corporation CA 1995
The plaintiff sought damages after being injured at work. The defendant sought to set off against the damages to be awarded sums received by way of a collateral benefit.
Held: Roch LJ said: if the plaintiff were not permitted to recover the . .
CitedO’Brien and others v Independent Assessor HL 14-Mar-2007
The claimants had been wrongly imprisoned for a murder they did not commit. The assessor had deducted from their compensation a sum to represent the living costs they would have incurred if living freely. They also appealed differences from a . .
CitedKnapton and others v ECC Card Clothing Ltd EAT 7-Mar-2006
EAT Unfair Dismissal: Compensation
Reversing the Employment Tribunal, in the assessment of compensation for unfair dismissal under Employment Rights Act 1996 section 123, an employee who took early receipt . .
CitedMilner and Another v Carnival Plc (T/A Cunard) CA 20-Apr-2010
Damages for Disastrous Cruise
The claimants had gone on a cruise organised by the defendants. It was described by them as ‘the trip of a lifetime.’ It did not meet their expectations. There had been several complaints, including that the cabin was noisy as the floor flexed with . .
CitedCox v Ergo Versicherung Ag CA 25-Jun-2012
The deceased member of the armed forces had died in a road traffic accident in Germany. The parties didputed whether the principles governing the calculation of damages were those in the 1976 Act and UK law, or under German law.
Held: ‘There . .
CitedGard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another SC 10-May-2017
The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and . .
CitedFulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain ComC 21-May-2014
The former owners of the ‘New Flameno’ appealed from an arbitration award. A charter of the vessel had been repudiated with two years left to run. The owners chose to sell. They made a substantial profit over the price they would have received after . .
CitedFulton Shipping Inc of Panama v Globalia Business Travel Sau CA 21-Dec-2015
The charter of the ship ‘New Flameno’ was repudiated two years early. The owners sold it, making rather more profit than they would have if sold after the end of the term. The court was now asked how the profit should affect the loss claim on the . .
CitedGlobalia Business Travel Sau of Spain v Fulton Shipping Inc of Panama SC 28-Jun-2017
The court was asked how to assess damages arising out of the repudiation of a charterparty by charterers of a cruise ship, the ‘New Flameno’. The charter ending two years early, the owners chose to sell, and in the result got a much better price . .
CitedLowick Rose Llp v Swynson Ltd and Another SC 11-Apr-2017
Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was . .
CitedSS (Sri Lanka), Regina (on The Application of) v The Secretary of State for The Home Department CA 15-Jun-2018
The court was asked whether, in cases heard by the First-tier Tribunal (Immigration and Asylum Chamber) where the credibility of the appellant is in issue, there is a rule that a delay of more than three months between the hearing of oral evidence . .

Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Leading Case

Updated: 22 January 2022; Ref: scu.181846

Swift and Others v Fred Olsen Cruise Lines: CA 29 Jul 2016

The cruise operator appealed against a finding that it was liable to the several claimants who had succumbed to the norovirus whilst on a cruise with them.
Held: The appeal failed.

Lord Dyson MR, Gross, Christopher Clarke LJJ
[2016] EWCA Civ 785
Bailii
Convention Relating to the Carriage of Passengers and Their Luggage by Sea, Merchant Shipping Act 1995
England and Wales

Transport, Personal Injury

Updated: 20 January 2022; Ref: scu.567808

Bailey and Others v Glaxosmithkline (UK) Ltd: QBD 29 Jul 2016

Several claimants sought damages saying that they had suffered side effects from taking a drug Seroxat manufactured by the defendant. The defendant now continued its application to have the claims struck out as disproportionate in the ratio of expense to any possible benefit to the claimants.
Held: The claim should continue to a limited extent.

Foskett J
[2016] EWHC 1975 (QB)
Bailii

Personal Injury

Updated: 20 January 2022; Ref: scu.567817

Leigh v London Ambulance Service NHS Trust: QBD 20 Feb 2014

The claimant was injured, and an ambulance was called. There was an unnecessary and neligent delay. The claimant suffered post-traumatic stress and now sought to recover damages from the trust.
Held: The claimant had unfortunately suffered a dissociative incident giving evidence, but this had in fact clarified her diagnosis for the medical experts. She was awarded damages accordingly.

Globe J
[2014] EWHC 286 (QB)
Bailii
England and Wales
Citing:
CitedBailey 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 held . .

Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 20 January 2022; Ref: scu.521604

In re Deep Vein Thrombosis and Air Travel Group Litigation: QBD 20 Dec 2002

The claimants claimed to have suffered deep vein thrombosis having been sat in cramped conditions for long periods whilst travelling by air. They sought compensation, saying that the failure by the airlines to warn them and take steps to minimise the dangers was culpable. Under the Convention they had to establish that the injuries constituted accidents.
Held: The injuries were not accidents. The test was set out in Morris, namely ‘a simple criterion of causation by an accident’. An accident is ‘an unexpected or unusual event or happening that is external to the passenger’ (Saks). There was nothing in the respective flights which satisfied these tests. Article 17 was not fault based, nor was any theory of risk allocation to be applied, and the Convention was the exclusive remedy. Neither Human Rights law nor European regulations provided alternative remedies.

Nelson J
Times 17-Jan-2003, [2002] EWHC 2825 (QB)
Bailii
Warsaw Convention on International Carriage by Air 1929 17, Carriage by Air Act 1961, EC Regulation 2027/97/EC on air carrier liability in the event of accidents, European Convention on Human Rights 6 8
England and Wales
Citing:
CitedKing v Bristow Helicopters Ltd; Morris v KLM Royal Dutch Airlines HL 28-Feb-2002
Psychiatric Injury under Warsaw Convention
The applicants were passengers who claimed damages for psychiatric injury, after accidents in aircraft.
Held: The Convention created strict liability on air carriers, but explicitly restricted damages to be payable for ‘bodily injury’. That . .
CitedAir France v Saks 1985
(United States Supreme Court) The claimant suffered damage to and become permanently deaf in one ear as a result of pressurisation changes while the aircraft descended to land. The pressure system had worked normally. The airline said that the . .
See AlsoDeep Vein Thrombosis and Air Travel Group Litigation, Re CA 3-Jul-2002
Group litigation between the appellant passengers and the respondent carriers. Most of the passengers allege that they have suffered deep vein thrombosis leading to serious injury, as a result of travelling in the carriers’ aircraft. In some . .

Cited by:
Appeal fromIn re Deep Vein Thrombosis and Air Travel Group Litigation CA 3-Jul-2003
Passengers on air flights who had suffered deep vein thrombosis through inactivity whilst travelling sought damages.
Held: The claim in its nature was for something unrelated to any particular event. The word ‘accident’ necessitated some sort . .
At first instanceDeep Vein Thrombosis and Air Travel Group Litigation HL 8-Dec-2005
The appellants had suffered deep vein thrombosis whilst travelling on long haul air flights. The defendants said that their liability was limited because the injuries were not accidents.
Held: The claimants’ appeal failed. The definition of . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Transport, European, Human Rights, Litigation Practice

Updated: 20 January 2022; Ref: scu.178701

Giambrone and others v JMC Holidays Ltd (Formerly Sunworld Holidays Ltd): QBD 20 Dec 2002

The Honourable Mr Justice Morland
[2002] EWHC 2932 (QB), [2003] 2 Costs LR 189
Bailii
England and Wales
Citing:
CitedSteven Robert Evans v Pontypridd Roofing Limited CA 9-Nov-2001
The claimant sought as part of his damages the cost of the care provided by family members. Counsel for the defendant raised issues about tax, national insurance and travel and other costs which a professional carer would have to bear, which led the . .
CitedHunt v Severs HL 7-Sep-1994
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 . .

Cited by:
Appeal fromGiambrone and others v Sunworld Holidays Ltd CA 18-Feb-2004
Many holidaymakers had suffered gastro-enteritis and sued for compensation. They had sought a sum to reflect the value of gratuitous care.
Held: Save in more serious cases, awards for children suffering gastro-enteritis and cared for by their . .
ElaboratedOrtwein v Rugby Mansions Ltd 2004
. .
CitedRoss v Stonewood Securities Ltd ChD 7-Oct-2004
The claimant appealed an order reducing his award of costs. . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Costs

Updated: 20 January 2022; Ref: scu.178814

Watson v British Board of Boxing Control: QBD 12 Oct 1999

A governing body of a sport, had a duty to insist on arrangements for sporting events, held under its aegis, to ensure proper access to medical aid. There was no contract between the parties, but boxers had to fight under the Board’s rules. A failure to set standards which could reasonably have mitigated the plaintiff’s injuries made them responsible in negligence.

Times 12-Oct-1999, Gazette 13-Oct-1999
England and Wales
Cited by:
Appeal fromMichael Alexander Watson v British Boxing Board of Control Ltd, World Boxing Organisation Incorporated CA 19-Dec-2000
The claimant was seriously injured in a professional boxing match governed by rules established by the defendant’s rules. Ringside medical facilities were available, but did not provide immediate resuscitation. By the time he received resuscitation . .

Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 20 January 2022; Ref: scu.90321

Watson v Gray and Another: QBD 26 Nov 1998

A professional footballer is at risk of being proved negligent, if he is shown to caused injury with an act which a reasonable professional player would know to carry a significant risk of causing serious injury. A late, forceful and high challenge was such.

Hooper J
Times 26-Nov-1998
England and Wales
Cited by:
CitedCollett v Smith and Another QBD 11-Aug-2008
The claimant had been an eighteen year old playing football for Manchester United reserves when he was injured by a foul tackle which ended his football career. The defendant admitted liability, but denied that he would have gone on to be a premier . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 20 January 2022; Ref: scu.90325

Watkins v Naval Colliery Co Ltd: HL 19 Jul 1913

The Coal Mines Regulation Act 1887 enacts-Section 16 (1) -‘ The owner . . of a mine shall not employ any person in the mine or permit any person to be in the mine for the purpose of employment therein unless the following conditions respecting shafts or outlets are complied with, that is to say (c)-Proper apparatus for raising and lowering persons at each shaft or outlet shall be kept on the works belonging to the mine; and such apparatus, if not in actual use at the shafts or outlets, shall be constantly available for use.’
A miner, while being lowered in a cage with twenty-six others, was killed by an accident caused by the defective condition of a spanner bar, the snapping of which caused the reversing gear of the winding engine to break down, which in turn caused the brake to give way and precipitated the cage to the bottom. Two months before the accident the manager of the mine had increased the complement of the cage from twenty to twenty-six men. In an action brought by the widow against the owners of the colliery a jury found that the accident was due to the inadequacy of the brake for this larger complement of men, combined with the defective condition of the spanner bar, and that the respondents had used reasonable care in selecting competent officials to whose neglect to provide adequate machinery the accident was due. Held that section 16 of the Coal Mines Regulation Act 1887 imposed on the respondents an absolute statutory duty to provide adequate machinery at the shaft, and in consequence of their failure to do so the respondents were liable in damages.

Lord Chancellor (Viscount Haldane), the Earl of Halsbury, Lords Macnaghten and Atkinson
[1913] UKHL 613, 50 SLR 613
Bailii
England and Wales

Employment, Personal Injury

Updated: 20 January 2022; Ref: scu.632754

Beaumont and Another v Ferrer: CA 19 Jul 2016

The appeal is about six young men in Salford deciding to ‘jump’ a taxi without paying the fare. Three of them succeeded but two others could not get out of the taxi at the same time and when they did they sadly sustained very serious injuries. The trial was on liability only.

Moore-Bick, Longmore, Beatson LJJ
[2016] EWCA Civ 768
Bailii
England and Wales

Personal Injury

Updated: 20 January 2022; Ref: scu.567261

Raggett, The Executors of The Estate of v Kings College Hospital NHS Foundation Trust and Others: QBD 1 Jul 2016

Claim for personal injuries loss and damage brought on behalf of the estate of the late John Raggett deceased, pursuant to the provisions of the 1934 Act.

Sir Alistair MacDuff
[2016] EWHC 1604 (QB)
Bailii
Law Reform (Miscellaneous Provisions) Act 1934

Personal Injury, Professional Negligence

Updated: 19 January 2022; Ref: scu.567068

LAT v East Somerset NHS Trust (Now Yeovil District Hospital NHS Foundation Trust): QBD 8 Jul 2016

Application on behalf of the claimant under CPR 25.7 for an interim payment in respect of his claim for damages against the defendant arising out of the defendant’s negligent failure properly to treat him during the neonatal period and in particular in failing to treat his hypoglycaemia appropriately.

Reddihough HHJ
[2016] EWHC 1610 (QB)
Bailii

Personal Injury, Professional Negligence

Updated: 19 January 2022; Ref: scu.567067

Hearne v The Royal Marsden Hospital NHS Foundation Trust: QBD 27 Jan 2016

Claim for damages for clinical negligence arising out of the claimant’s treatment at The Royal Marsden Hospital after admission for management of epigastric/abdominal pain following a first cycle of adjuvant chemotherapy. Whilst in hospital the Claimant suffered a pulmonary embolism.

Taylor HHJ
[2016] EWHC 117 (QB)
Bailii
England and Wales

Personal Injury, Professional Negligence

Updated: 19 January 2022; Ref: scu.567063

Vibert v Zenith Insurance and Another: SCS 7 Jul 2016

The pursuer had suffered serious injuries in a road traffic accident. She was a passenger in a car driven by her partner, who died in the accident. It was said that they had been undertaken by another car. The insurers said that the twocars had been racing each other.

Lord Turnbull
[2016] ScotCS CSOH – 96
Bailii

Scotland, Personal Injury, Negligence

Updated: 19 January 2022; Ref: scu.567045

Philips v Whitely (William) Ltd: 1938

The plaintiff asked the defendants to arrange for ears to be pierced. The defendant referred her to a third party jeweller. The jeweller appeared to take proper steps to keep the wounds disinfected, but an abcess developed.
Held: A jeweller could not be expected to take the same steps as would be taken by a surgeon, and in this case had taken all reasonable steps to avoid infection: ‘I do not think that a jeweller holds himself out as a surgeon … If a person wants to ensure that the operation of piercing her ears is going to be carried out with that proportion of skill … that a Fellow of the Royal College of Surgeons would use, she must go to a surgeon. If she goes to a jeweller she must expect that he will carry it out in the way one would expect a jeweller to carry it out’.
It had not been shown that the infection entered the ear at the time when it was pierced.
Otherwise: Philips v William Whiteley Ltd; Philips v Wm Whiteley Ltd

Goddard J
[1938] 1 All ER 566, [1938] 54 TLR 379, [1938] 82 Sol Jo 196
England and Wales

Negligence, Personal Injury

Updated: 19 January 2022; Ref: scu.190058

Hayward v Zurich Insurance Company Plc: SC 27 Jul 2016

The claimant had won a personal injury case and the matter had been settled with a substantial payout by the appellant insurance company. The company now said that the claimant had grossly exaggerated his injury, and indeed wasfiully recovered at the time of the settlement. It had however known something of the deceit, and the CA had said that having proceeded with that knowledge they could not now resile from the agreement.
Held: The insurer’s appeal succeeded, and the settlement was set aside. They had not at the time known the full extent of the exaggeration by the claimant A claimant basing his claim in deceit in an alleged misrepresentation, had to demonstrate that the defendant had made a misrepresentation where the falsity wen to the misrepresenytation, and was intended to lead, and had in fact lead, the claimant to accrue a detriment. In law, he did ned to establish that he had in fact believed the misrepresentation. The representee’s state of mind might remain relevant to the issue of inducement.
Toulson L said: ‘To establish the tort of deceit it must be shown that the defendant dishonestly made a material false representation which was intended to, and did, induce the representee to act to its detriment. The elements essential for liability can be broken down under three headings: (a) the making of a materially false representation (the defendant’s conduct element); (b) the defendant’s accompanying state of mind (the fault element); and (c) the impact on the representee (the causation element). Where liability is established, it remains for the claimant to establish (d) the amount of any resulting loss (the quantum element).’

Lord Neuberger, President, Lady Hale, Deputy President, Lord Clarke, Lord Reed, Lord Toulson
[2016] 3 WLR 637, [2016] UKSC 48, [2016] 4 All ER 628, [2016] 2 All ER (Comm) 755, [2016] WLR(D) 423, [2017] AC 142, UKSC 2015/0099
Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Summary Vid, SC 2016 Jun 16 am, SC 2016 Jun 16 pm
England and Wales
Citing:
CitedLadd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Appeal fromHayward v Zurich Insurance Company Plc CA 31-Mar-2015
The claimant sought damages alleging his back had been injured at work. The insurers accepted liability but said that the claimant had exaggerated the extent of his injury. The claim was settled, but later a neighbour of the claimants said that the . .
CitedFairclough Homes Ltd v Summers SC 27-Jun-2012
The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against . .
CitedEdgington v Fitzmaurice CA 7-Mar-1885
False Prospectus – Issuers liable in Deceit
The directors of a company issued a prospectus, falsely stating that the proceeds were to be used to complete alterations to the buildings of the company, to purchase horses and vans and to develop the trade of the company. In fact it was to pay off . .
CitedSmith v Kay HL 1859
A party who has practised deception with a view to a particular end, which has been attained by it, cannot be allowed to deny its materiality.
Lord Cranworth rejected what he described as ‘a very desperate argument’ that a representation could . .
CitedPan Atlantic Insurance Co Ltd and Another v Pine Top Insurance Co Ltd HL 27-Jul-1994
The plaintiff had written long term (tail) insurance. The defendant came to re-insure it. On a dispute there were shown greater losses than had been disclosed, and that this had been known to the Plaintiff.
Held: ‘material circumstance’ which . .
CitedBriess v Woolley HL 1954
A fraudulent misrepresentation made in the course of pre-contractual discussions by a shareholder in a company. He was subsequently authorised by the other shareholders to continue the negotiations as their agent, and in due course a contract was . .
CitedBarton v Armstrong PC 5-Dec-1973
(New South Wales) The appellant had executed a deed on behalf of a company to sell shares to the respondent in the context of a long running boardroom battle. He said that the deed had been obtained by duress and was voidable. The respondent was . .
CitedGipps v Gipps 1978
(Court of Appeal of New South Wales) In order to defeat a claim in misrepresentation, it is necessary for the false belief to be ‘wholly dissipated’ for knowledge to defeat misrepresentation. Huttley JA said: ‘Any other rule would be an affront to . .
CitedGould v Vaggelas 6-Nov-1984
A deceit was alleged.
Wilson J said: ‘The representation need not be the sole inducement in sustaining the loss. If it plays some part, even if only a minor part, in contributing to the course of action taken a causal connection will exist.’ . .
CitedDowns v Chappell; Downs v Stephenson Smart (a Firm) CA 1996
The plaintiff purchased a book shop. He claimed that in doing so he had relied upon the accounts prepared and signed off by the respective defendants.
Held: The judge had been wrong by testing what would have been the true figures as against . .
CitedStandard 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 . .
CitedRoss River Ltd and Another v Cambridge City Football Club Ltd ChD 19-Sep-2007
The club sought to rescind agreements for leasing its ground, saying that the developers had made a secret payment to its chairman.
Briggs J said: ‘First and foremost, in a case where fraudulent material misrepresentations have been . .
CitedAustralian Steel and Mining Corpn Pty Ltd v Corben 1974
Complaint was made that a statement (as to the identity of a purchaser to whom Mr Corben, who had decided to sell, was to give an option to purchase) was a ‘but for’ cause of the agreement. Mr Corben would not have persevered with the deal if he had . .
CitedBP Exploration Operating Co Ltd v Chevron Transport (Scotland) HL 18-Oct-2001
A ship owned by the defenders caused substantial damage whilst moored at the claimant’s docks. The claim was made against different members of the defendants as they asserted and denied responsibility. The last company asserted that the claim was . .
CitedSharland v Sharland SC 14-Oct-2015
The Court considered the impact of fraud upon a financial settlement agreed between divorcing parties where that agreement is later embodied in a court order? Does ‘fraud unravel all’, as is normally the case when agreements are embodied in court . .
CitedArkwright v Newbold CA 1881
Cotton LJ discussed the tort of deceit and said: ‘In my opinion, it would not be right in an action of deceit to give a plaintiff relief on the ground that a particular statement, according to the construction put on it by the court, is false, when . .
CitedBetjemann v Betjemann CA 1895
A father and his two sons had carried on the business as partners from 1856 to 1886; the father died in 1886 but the sons continued the business until 1893 when one of the sons died. The deceased son’s executor brought an action against the . .
CitedStrover v Harrington 1988
A property was at first wrongly described by the agents as having mains drainage. Correcting information was sent to the buyer’s solicitors by the Agents, but the solicitors did not pass on the correction to their client. The mistake was later . .
CitedLazarus Estates Ltd v Beasley CA 1956
There was a privative clause in the 1954 Act. A landlord’s declaration under the Act that work of a specified value, supporting an increase in rent, had been carried out on leased premises, could not be questioned after 28 days of its service on the . .
CitedHIH Casualty and General Insurance Limited and others v Chase Manhattan Bank and others HL 20-Feb-2003
The insurance company had paid claims on policies used to underwrite the production of TV films. The re-insurers resisted the claims against them by the insurers on the grounds of non-disclosure by the insured, or in the alternative damages for . .
CitedKyle Bay Ltd (T/A Astons Nightclub) v Underwriters CA 7-Feb-2007
The claimant had been insured under a business interruption insurance policy issued by the respondent defendaants. A claim had arisen, and had been settled, but the caimant said that the parties had mistaken the basis of the policy and had settled . .
CitedRedgrave v Hurd CA 1881
The plaintiff, an elderly solicitor wishing to retire, advertised for someone to enter into partnership with him and to buy his house. The defendant responded to the advertisement and negotiations followed, in which the plaintiff stated that the . .
CitedSmith v Chadwick HL 18-Feb-1884
Unclear Words Insufficient as Representation
A purchaser claimed to have entered into the contract in reliance on the truth of a misrepresentation by the seller. The plaintiff claimed damages for deceit through having been induced to buy shares in an iron company by false representations in a . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Torts – Other

Updated: 19 January 2022; Ref: scu.567606

Committeri v Club Mediterranee Sa Generali Assurances Iard Sa: QBD 30 Jun 2016

Hearing of liability only in relation to a claim against Club Mediterranee SA (‘Club Med’) and Generali Assurances Iard SA (‘Generali’) which arises out of an accident which occurred when C was climbing an ice wall on the Mer de Glace, Chamonix, France slipped and fell causing injuries to his foot and ankle. The success of this claim depends on whether French law applies under which it is common ground that Mr Committeri will obtain judgment for damages to be assessed, or English law applies under which it is common ground that C’s claim will fail.

Dingemans J
[2016] EWHC 1510 (QB)
Bailii

Personal Injury, International

Updated: 18 January 2022; Ref: scu.566257

KLM v EUI Ltd: QBD 24 Jun 2016

Application on behalf of the claimant under CPR 25.7 for an interim payment in respect of her claim for damages for personal injuries, loss and damage arising out of a road traffic accident. She was a passenger in a car driven by her boyfriend, who was insured by the defendant.

Reddihough HHJ
[2016] EWHC 1497 (QB)
Bailii

Damages, Personal Injury

Updated: 18 January 2022; Ref: scu.566258

Stormharbour Securities Llp v Dusek and Others: CA 24 Jun 2016

Application for permission to appeal by StormHarbour against a judgment finding that StormHarbour was liable under the Fatal Accidents Act 1976 and the Law Reform (Miscellaneous Provisions) Act 1934 for the death of its employee, Mr Dusek. The Claimants in the proceedings are Mr Dusek’s widow and children. Mr Dusek died in a helicopter accident in the Peruvian Andes on 6 June 2012.

Baker J
[2016] EWCA Civ 604
Bailii
England and Wales

Personal Injury

Updated: 18 January 2022; Ref: scu.565994

Lungowe and Others v Vedanta Resources Plc and Another: TCC 27 May 2016

‘The claimants are 1,826 Zambian citizens who are residents of four communities (Shimulala, Hellen, Kakosa and Hippo Pool) in the Chingola region of Zambia. On 31 July 2015, they commenced these proceedings alleging personal injury, damage to property, loss of income and loss of amenity and enjoyment of land arising out of alleged pollution and environmental damage caused by the Nchanga copper mine (‘the mine’) from 2005 to the present day.’

Coulson J
[2016] EWHC 975 (TCC)
Bailii

Personal Injury

Updated: 17 January 2022; Ref: scu.565561

Plumb v Cobden Flour Mills Co: HL 9 Dec 1913

A workman employed to do certain work by hand, and finding it more convenient to use his employer’s machinery for the purpose, did so unknown to his employers and was thereby injured.
Held that though he had acted within the scope of his employment and could not be said by his conduct to have brought on himself a new and added peril, he had failed to show that the accident arose ‘out of his employment.’

Lord Chancellor (Viscount Haldane), Lords Kinnear, Dunedin, and Atkinson
[1913] UKHL 861, 51 SLR 861
Bailii
England and Wales

Personal Injury, Employment

Updated: 17 January 2022; Ref: scu.632762

King v Port of London Authority: HL 1 Jul 1919

Where a workman meets with an injury from an accident in the course of his employment, but at the date of the arbitration no incapacity has arisen, the arbitrator may, if satisfied on the evidence that incapacity is likely to supervene, make an order adjourning the arbitration, and reserving to the parties right to make further application under the arbitration.
Suggested form of order for the arbitrator.
The appellant received an injury to his eye in the course of his employment by the respondents which did not induce immediate incapacity. He remained in their employment for over a year at his old wages, and was subsequently discharged. He then applied to the County Court for a declaration of liability. Held that in the circumstances the failure to make the claim within six months was due to reasonable cause in the sense of section 2 of the Act.
Observations on the duty of the arbitrator who finds reasonable cause to set out the reasons for his finding.

Lord Chancellor (Birkenhead), Lords Finlay, Atkinson, Parmoor, and Wrenbury
[1919] UKHL 699, 57 SLR 699
Bailii
England and Wales

Personal Injury, Employment

Updated: 17 January 2022; Ref: scu.632781

Costello (Pauper) v Owners of Ship ‘Pigeon’: HL 13 Jun 1913

The Workmen’s Compensation Act 1906, sec. 7 (2), enacts-‘This Act shall not apply to such members of the crew of a fishing vessel as are remunerated by shares in the profits or gross earnings of the working of such vessel.’
Where a member of a crew of a fishing vessel was paid under agreement partly by a fixed wage, partly by a share of the profits of the venture, held that he was remunerated by a share in the profits within the meaning of the Workmen’s Compensation Act 1906, sec. 7 (2), and was thereby excluded from the benefit of the Act.

Earl of Halsbury, Earl Loreburn, and Lords Atkinson, Mersey, and Parker
[1913] UKHL 976, 50 SLR 976
Bailii
England and Wales

Transport, Personal Injury

Updated: 17 January 2022; Ref: scu.632745

Jefford v Gee: CA 4 Mar 1970

The courts of Scotland followed the civil law in the award of interest on damages. The court gave examples of the way in which they apply the ex mora rule when calculating the interest payable in a judgment. If money was wrongfully withheld, then the courts had power to award interest during the period of delay between the time the money was legally and ascertainably due and the time when the court ordered that it should be paid.
The court established the principles for awarding interest on damages awards in personal injuries cases: ‘Therefore if I could see my way to do so, I should certainly be disposed to give the appellants, or anybody in a similar position, interest upon the amount withheld from the time of action brought at all events.’ and ‘It should only be awarded to a plaintiff for being kept out of money which ought to have been paid to him’ and ‘We applied this principle very recently in Harbutt’s ‘Plasticine’ Ltd . . . where we all agreed in saying: ‘the basis of an award of interest is that the defendant has kept the plaintiff out of his money; and the defendant has had the use of it himself. So he ought to compensate the plaintiff accordingly’.’ The court used published short term interest rates. The half rate approach was used because interest was not large enough to warrant minute attention to detail. The half rate was a reasonable approximation. In relation to benefits, the plaintiff (whilst he received no interest on the moiety for which he gave credit against damages) did not have to give credit in the interest calculation in respect of his windfall receipt of the other moiety of benefits paid.

Lord Denning MR
[1970] 2 QB 130, [1970] EWCA Civ 8, [1970] 1 All ER 1202, [1970] 1 Lloyd’s Rep 107, [1970] 2 WLR 702
Bailii
Scotland
Citing:
CitedLondon, Chatham and Dover Railway Co v South Eastern Railway Co HL 1893
The Lord Chancellor was considering the position of a creditor whose debtor refused to exchange accounts as agreed, thus preventing the creditor from quantifying the debt.
Held: The House declined to alter the rule in Page -v- Newman.
Cited by:
CitedLesotho Highlands Development Authority v Impregilo Spa and others CA 31-Jul-2003
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest . .
CitedSpittle v Bunney CA 1988
The plaintiff made a claim in damages for the loss of her mother’s services.
Held: In assessing a FAA claim on behalf of a child a judge, directing himself as he would a jury, was, in valuing the mothers services to take into account the . .
CitedEagle (By Her Litigation Friend) v Chambers CA 29-Jul-2004
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to . .
CitedAdcock v Co-Operative Insurance Society Ltd CA 26-Apr-2000
The claimant claimed under his fire insurance with the defendants. He sought damages for their delay in processing the claim.
Held: The power to award interest on damages is discretionary. The judge had refused to allow interest, at a rate . .
CitedKnight v Axa Assurances QBD 24-Jul-2009
The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied.
Held: The . .
CitedDexter v Courtaulds Ltd CA 1984
The plaintiff had been injured at work, and awarded damages, including for loss of wages. The parties disputed the method of calculation of interest on the damages.
Held: To avoid the laborious detailed calaculations of interest from day to . .
CitedCookson v Knowles CA 1977
Lord Denning MR said: ‘In Jefford v Gee . . we said that, in personal injury cases, when a lump sum is awarded for pain and suffering and loss of amenities, interest should run ‘ from the date of service of the ‘writ to the date of trial’. At that . .
CitedPickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .
CitedRevenue and Customs v Joint Administrators of Lehman Brothers International (Europe) SC 13-Mar-2019
The Court was asked whether interest payable under rule 14.23(7) of the Insolvency Rules 2016 is ‘yearly interest’ within the meaning of section 874 of the Income Tax Act 2007. If so, the administrators must deduct income tax before paying interest . .

Lists of cited by and citing cases may be incomplete.

Damages, Scotland, Personal Injury

Updated: 17 January 2022; Ref: scu.185179

Wigley-Foster v Wilson and Another: CA 16 May 2016

The court considered the operation of the Motor iNsurers Bureau in cases where an insurer became insolvent, and particularly as to its compliance with the Directive

Gloster, David Richards LJJ, Sir Robin Jacob
[2016] EWCA Civ 454
Bailii
Fourth Motor Insurance Directive
England and Wales

Road Traffic, Personal Injury, European

Updated: 16 January 2022; Ref: scu.564195

Belkovic v DSG International Plc and Another: CANI 22 Sep 2015

The appellant appeals against the amount of damages awarded to him by Gillen LJ in an action for personal injuries and against the order in relation to costs subsequently made by the judge in the action.

Weir LJ , Treacy J, Maguire J
[2015] NICA 59
Bailii
Northern Ireland

Damages, Personal Injury

Updated: 16 January 2022; Ref: scu.560573

Godwin (Pauper) v The Admiralty: HL 1 Aug 1913

The proviso of section 3 of the Workmen’s Compensation Act 1906, that a scheme of compensation shall only be certified by the Registrar of Friendly Societies after it has been ascertained by ballot that a majority of the workmen to whom the scheme is applicable are in its favour, does not apply to the re-certification of a scheme already certified under section 3 of the Workmen’s Compensation Act 1897. Such a scheme is not invalidated by the fact that it ousts the jurisdiction of the County Court Judge as arbitrator under the Act.
Horn v. Lords Commissioners of the Admiralty, 1911, 1 K.B. 24, approved.
Decision of the Court of Appeal, 1912, 2 K.B. 26, affirmed.

Earl Loreburn and Lords Shaw, Mersey, and Parker
[1913] UKHL 583, 51 SLR 583
Bailii
England and Wales

Personal Injury, Employment

Updated: 14 January 2022; Ref: scu.632755

Feest v South West Strategic Health Authority and Others: QBD 7 Feb 2014

The claimant sustained a serious spinal injury whilst a passenger on board a 9 metre RIB (rigid inflatable boat) called the Celtic Pioneer. She and 10 work colleagues were participating in a 1 hour boat trip in the Bristol Channel as part of a corporate team building exercise.

Havelock Allen QC HHJ
[2014] EWHC 177 (QB), [2014] 1 Lloyd’s Rep 419
Bailii
Convention Relating to the Carriage of Passengers and their Luggage by Sea

Transport, Personal Injury, Limitation

Updated: 14 January 2022; Ref: scu.563235