Category: Personal Injury

AB and others v British Coal Corporation (Rulings Appended): QBD 13 Aug 2007

Judges:

Swift DBE J

Citations:

[2007] EWHC 1948 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – AB and others v Small Mines, UK Coal QBD 13-Aug-2007
. .
See Also – AB and others v British Coal Corporation and Coal Mining Contractor Defendants QBD 22-Jun-2004
. .
See Also – AB and others v Department of Trade and Industry S/A British Coal Corporation CA 21-Dec-2005
. .
See Also – AB and others v British Coal Corporation and others CA 19-Oct-2006
A collective compensation agreement, which required affected persons to submit their claims, along with medical evidence, through authorised solicitors to be compensated on the basis of agreed damages formula, was introduced. . .
See Also – AB and others v British Coal Corporation and Another ComC 18-May-2007
. .
See Also – AB and others v British Coal Corporation (Department of Trade and Industry) QBD 27-Jun-2007
The parties disputed the effect of the Claims Handling Agreement (CHA) which regulated claims for compensation for respiratory diseases incurred by people working for the defendant as regards the circumstances for claimants with chronic bronchitis. . .
Cited – AB and others v British Coal Corporation (Department of Trade and Industry) (Costs) QBD 27-Jun-2007
. .

Cited by:

See Also – AB and others v British Coal Corporation ComC 15-Jan-2008
. .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 13 July 2022; Ref: scu.258685

Stoddart v Perucca: CA 1 Mar 2011

The claimant was injured crossing a road when approached by the defendant’s campervan. The judge had taken avccount of another driver who said that he had slowed down anticipating the emergence of a second horse and rider (the claimant), but the defendant had not done so. The defendant appealed against a finding that his failure to anticipate a second rider was negligent, saying that the apportionment of liability should be as to 75% to the rider.
Held: The appeal failed. The apportionment by the judge at 50%/50% had been within the range of findings open to him.

Judges:

Lord Neuberger MR, Sedley, Hooper LJJ

Citations:

[2011] EWCA Civ 290

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Lunt v Khelifa CA 22-May-2002
The claimant pedestrian had been injured when hit by a car driven by the defendant as she stepped into the roadway. Both parties appealed against the assessment of contributory negligence. The claimant had a blood alcohol level three times that . .
Cited – Toropdar v D QBD 2-Oct-2009
. .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Animals

Updated: 13 July 2022; Ref: scu.430738

G v Central and North West London Mental Health NHS Trust: QBD 19 Oct 2007

Claim for damages for personal injuries and financial losses alleged to have been suffered by the Claimant as a result of negligent medical care given to her by the Defendant during the course of her stay as an in-patient at the Northwick Park Hospital, Harrow, for which hospital the Defendant was responsible.

Judges:

Swift DBE J

Citations:

[2007] EWHC 3086 (QB), [2008] MHLR 24

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Health Professions

Updated: 12 July 2022; Ref: scu.402611

Cotton v Derbyshire Dales District Council: CA 10 Jun 1994

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

Citations:

[1994] EWCA Civ 17

Links:

Bailii

Statutes:

Occupiers Liability Act 1957 2(2)

Jurisdiction:

England and Wales

Citing:

Cited – Glasgow Corporation v Taylor HL 18-Nov-1921
A father brought an action for damages for the death of his son who had eaten poisonous berries growing in one of the defenders’ public parks. The plants were easily accessible from a children’s play area and it was said that the defender had a duty . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 12 July 2022; Ref: scu.263234

Martins v Choudhary: CA 20 Dec 2007

The appellant appealed the award of damages for personal injury and harrassment. He was said to have driven the claimant off the road and to have made racist remarks. He had previously been found to be in contempt of court for breaches of undertakings to stay away from the claimant.
Held: The substantial levels of damages awards were not excessive. It was proper to take into account the aggravating features of the defendant’s conduct. It was positively helpful for the judge to separate the award for psychiatric injury from that for injury to feelings, as long as the judge takes care to avoid the risk of double recovery.

Judges:

Smith LJ

Citations:

[2007] EWCA Civ 1379, Times 20-Dec-2007, [2008] 1 WLR 617

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Vento v The Chief Constable of West Yorkshire Police (No 2) CA 20-Dec-2002
The claimant had been awarded damages for sex discrimination, including a sum of andpound;25,000 for injury to feelings. The respondent appealed.
Held: The Court of Appeal looked to see whether there had been an error of law in the employment . .
Cited – Richardson v Howie CA 13-Aug-2004
The claimant sought damages for assault. In the course of a tempestuous relationship, she said the respondent had physically assaulted her in Barbados. He was later convicted of soliciting her murder. She sought and was awarded aggravated damages, . .

Cited by:

Cited – AT and others v Dulghieru and Another QBD 19-Feb-2009
The claimants had been subject to unlawful human trafficking. Their abductors had been imprisoned, and they now sought damages. The court was asked now to assess the damages to be awarded for sexual enslavement. Each claimant suffered chronic post . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 12 July 2022; Ref: scu.262937

Hall and others v Stone: CA 18 Dec 2007

The claimants appealed against a reduction in their costs awards after succeeding in their claims arising from road traffic incidents. The judge had awarded them only 60% of their costs and they appealed submitting that there was no reason why they should not get 100%.
Held: The appeal succeeded. It was the defendant insurers allegations of fraud which had inevitably lead to the cases being allocated to the multitrack with the increased costs. The judge had found the claims to be innocently inflated, but not dishonest. The first two claimants had won on the main issue fought out over four days as to whether the claims were dishonest and they beat any offer that had ever been made. It was unfair to allocate full responsibility for the allocation to the mutitrack to the claimants.

Judges:

Waller LJ VP, Smith LJ, Lloyd LJ

Citations:

[2007] EWCA Civ 1354

Links:

Bailii

Statutes:

Civil Procedure Rules 44.3

Jurisdiction:

England and Wales

Citing:

Cited – Devine v Franklin QBD 2002
. .
Cited – Painting v University of Oxford CA 3-Feb-2005
The claimant had sought damages for personal injuries, namely injury to her back. Though she was found to have exaggerated her claim, she still recovered more than had been paid in. The defendant appealed a costs order based solely on the size of . .

Cited by:

Cited – Widlake v BAA Ltd CA 23-Nov-2009
The claimant had succeeded in her action for personal injuries, but now appealed against the awarding of costs to the defendant. The dispute had been substantialy as to the nature and effect of her injuries. She had not disclosed earlier injury to . .
Cited – Gregson v Hussein, CIS Insurance CA 9-Feb-2010
The claimant appealed against the level of costs awarded to him in succeeding in his claim for damages for personal injury following a road traffic accident. The court had found that though the claimant had succeeded, the substantial dispute had . .
Lists of cited by and citing cases may be incomplete.

Costs, Personal Injury

Updated: 12 July 2022; Ref: scu.262878

Baker v TE Hopkins and Son Ltd: CA 24 Jul 1959

The defendant had employed to clean a well. In error a petrol pump was sued, which discharged carbon monoxide into the well. On two workers getting into difficulties, a doctor sought to rescue them. All three died in the well. The employer denied negligence as regards the death of the Doctor.
Held: ‘ Bearing in mind that danger invites rescue, the court should not be astute to accept criticism of the rescuer’s conduct from the wrongdoer who created the danger. Moreover, I think it should be remembered that it is fatally easy to be wise after the event. It is not enough that, when all the evidence has been sifted and all the facts ascertained in the calm and deliberate atmosphere of a court of law, the rescuer’s conduct can be shown ex post facto to have been misguided or foolhardy. He is entitled to be judged in the light of the situation as it appeared to him at the time, i.e., in a context of immediate and pressing emergency. Here Dr. Baker was faced with a situation in which two men were in danger of speedy death at the bottom of the well, unless something were done very quickly. He was a doctor, and he had been specially summoned to help. Any man of courage in his position would have felt impelled to act, even at the risk of his own safety. Time was pressing; immediate action was necessary if the men in danger were to be helped; there was virtually no opportunity for reflection, or for estimating the risks involved in an act of rescue. If Dr. Baker in such circumstances had instinctively gone straight down the well, without stopping to take any precautions at all, it would, I think, have been difficult enough to criticise him. But in point of fact he did take the very wise precaution of securing himself with a rope, whereby those on the surface could pull him up if he himself were overcome. The immediate cause of his death was the sheer mischance of the rope becoming caught on some obstruction, so as to make it impossible for those on the surface to pull him to safety. I do not think that, having regard to the emergency in which he was acting, he is to be blamed for not foreseeing and guarding against the possibility of such a mischance. On the contrary, I entirely agree with the view expressed by the judge that the defendants, whose negligence brought about the danger, must accept the risk of mischances of this kind. In all the circumstances, I find it impossible to accept the contention that Dr. Baker was guilty of any negligence either causing or contributing to his death.’

Judges:

Morris, Ormerod, Willmer LJJ

Citations:

[1959] EWCA Civ 4, [1959] 1 WLR 966, [1959] 3 All ER 225

Links:

Bailii

Jurisdiction:

England and Wales

Health and Safety, Negligence, Personal Injury

Updated: 12 July 2022; Ref: scu.262820

Read v Edmed: QBD 8 Dec 2004

The claimant had offered to accept damages subject to a 50% finding of contributory negligence. The defendant did not accept. That was the exact order made. The claimant appealed refusal to award her costs on the standard basis to the time for acceptance of the offer and thereafter on an indemnity basis.
Held: The judge had doubted his order and asked counsel to return on the following day to consider the issue. Neither counsel could explain why the CPR should exclude an award equal to the offer. The rules should encourage appropriate offers. The court exercised its discretion and awarded costs on a standard basis up to 28 days after the claimants offer, and thereafter on an indemnity basis, together with interest on the indemnity costs.

Judges:

Bell J

Citations:

Times 13-Dec-2004, [2004] EWHC 3274 (QB), [2006] 2 Costs LR 201, [2005] PIQR P16

Links:

Bailii

Statutes:

Civil Procedure Rules 36.21

Jurisdiction:

England and Wales

Citing:

Cited – Pittalis v Sherefettin CA 1986
On the day after the judge had given judgment in a county court, he decided that he had been wrong. The judge provided the party with grounds upon which he would, if not persuaded otherwise, alter his previous judgment and order. A further hearing . .
Lists of cited by and citing cases may be incomplete.

Costs, Civil Procedure Rules, Personal Injury

Updated: 12 July 2022; Ref: scu.221535

Hood v Mitie Property Services (Midlands) Ltd and Another: QBD 1 Jul 2005

Defendant employer’s claim for contribution to damages for fall at work from land owner.

Judges:

Playford QC HHJ

Citations:

[2005] EWHC B6 (QB)

Links:

Bailii

Statutes:

Construction (Health, Safety & Welfare) Regulations 1996, Civil Liability (Contribution) Act 1978

Jurisdiction:

England and Wales

Personal Injury, Health and Safety

Updated: 12 July 2022; Ref: scu.263174

Eydmann v Premier Accumulator Co Ltd: HL 23 Mar 1916

A workman in the course of his employment received an injury apparently of a trifling character. About a month later, as a result of the injury, serious symptoms ensued, and the workman took to bed after giving his employers a doctor’s certificate that he was suffering from septic poisoning. No notice of a formal character was given to the employers for another ten days. The Court of Appeal held, reversing the award of the arbitrator, that the appellant had not discharged the onus which was on him of showing that his employers were not prejudiced by his omission to serve a notice on them as soon as practicable.
Held, allowing the appeal, that the mere fact of failure to give notice did not raise a presumption of prejudice.
Per Lord Chancellor ‘If, when the facts are all before the learned County Court Judge, they are facts from which he might reasonably assume that no prejudice had in fact been suffered by the respondents, that is sufficient.’

Judges:

Lord Chancellor (Buckmaster), Earl Loreburn, Viscount Haldane, Lords Atkinson and Parker

Citations:

[1916] UKHL 829, 53 SLR 829

Links:

Bailii

Statutes:

Workmen’s Compensation Act 1906

Jurisdiction:

England and Wales

Employment, Personal Injury

Updated: 11 July 2022; Ref: scu.630676

Glasgow Coal Co Ltd v Welsh: HL 6 Mar 1916

The pump of a coal mine having broken down, a miner, a brusher, who had gone down the pit to resume his regular work, was directed to bale the water which had accumulated. He was immersed to the chest, and was in this position for several hours, thereby contracting sub-acute rheumatism, which incapacitated him.
Held that the personal injury was ‘by accident.’

Judges:

Viscount Haldane, Lord Kinnear, Lord Shaw, Lord Parmoor, and Lord Wrenbury

Citations:

[1916] UKHL 311

Links:

Bailii

Jurisdiction:

Scotland

Personal Injury, Employment

Updated: 11 July 2022; Ref: scu.630678

Lochgelly Iron and Coal Co Ltd v Kirk: HL 30 Oct 1916

A miner died on 28th December 1914, as alleged by his widow, from heart failure due to overstrain at his work. Notice of the accident was only given on 6th January 1915. The employers took no steps to have the body exhumed. Against a claim for compensation they maintained that the miner had died from natural causes, and that the claim was not maintainable, inasmuch as notice had not been given as soon as practicable. The Sheriff-Substitute found that the employers had not been prejudiced in their defence by the delay in giving notice. Held that the question of prejudice, under section 2 (1) of the Workmen’s Compensation Act 1906, was a question of fact for the arbiter, and that there was evidence to support his finding in the case.

Judges:

Viscount Haldane, Lord Kinnear, Lord Shaw, and Lord Parmoor

Citations:

[1916] UKHL 22, 54 SLR 22

Links:

Bailii

Statutes:

Workmen’s Compensation Act 1906

Jurisdiction:

England and Wales

Personal Injury, Employment

Updated: 11 July 2022; Ref: scu.630689

Evans v Edinburgh Corporation and Others: HL 28 Mar 1916

A passer-by in an Edinburgh street having been injured by the sudden opening out into the street of a garden door, held in an action of damages at his instance (1) that the owners of the property were not liable merely for having premises which if used negligently might cause damage, nor (2) were the road authority in the absence of a statutory duty; the Edinburgh Municipal and Police Act 1879, sec. 151, held not to be applicable, and the provisions of the Roads and Bridges (Scotland) Act 1878 not available to the pursuer in the absence of averments to show that the road in question came within the definition of that Act.

Judges:

Lord Chancellor (Buckmaster), Viscount Haldane, Lord Kinnear, Lord Atkinson, and Lord Parker

Citations:

[1916] UKHL 388, 53 SLR 388

Links:

Bailii

Jurisdiction:

Scotland

Personal Injury, Land

Updated: 11 July 2022; Ref: scu.630675

Ellis v Bristol City Council: CA 5 Jul 2007

The claimant appealed dismissal of her claim for personal injuries. She worked at a nursing home, and had slipped on urine on the floor. Slip mats had been placed on the floor, but had been insufficient. There had been previous accidents, and a risk assessment had identified the dangers, and steps taken. The claim was based on the construction of the floor.
Held: The judge had wrongly not considered the associated Code of Practice as an aid to construction of the Regulations. The appeal was allowed. The judge had been wrong to have excluded all but permanent features of the floor: ‘Regulation 12(1) and (2) do require the court to consider suitability in the context of the circumstances of use, including circumstances which are temporary in nature, providing they arise with a sufficient degree of frequency and regularity. The paragraphs read together require that the surface of a floor or traffic route must not be slippery.’

Judges:

Smith LJ, Lloyd LJ, Wilson LJ

Citations:

[2007] EWCA Civ 685, Times 21-Aug-2007, [2007] ICR 1614

Links:

Bailii

Statutes:

Workplace (Health, Safety and Welfare) Regulations 1992 12, Health and Safety at Work etc Act 1974

Jurisdiction:

England and Wales

Citing:

Cited – Rogers v George Blair 1971
The court considered the suitability of some goggles as a means of protecting a workman’s eyes.
Held: To be suitable, the protection need not make it impossible for an accident to occur but it must make it highly unlikely. . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Health and Safety

Updated: 11 July 2022; Ref: scu.254461

Steadman-Byrne v Amjad and others: CA 27 Jun 2007

In the course of a personal injury trial, the judge asked counsel to his room, where he said that having been conviced that the claimants were not lying, the defence had no prospect of success, and complained that ‘Insurance companies are trying to send out a message about fraudulent claims to the Asian community, if there was such a thing.’ The defendant claimed bias.
Held: It is not acceptable for the judge to form, or to give the impression of having formed, a firm view in favour of one side’s credibility when the other side has not yet called evidence which is intended to impugn it. He appeared here to have not allowed for a possibility that he would on hearing the defendant also find him credible. The defendant’s appeal succeeded. A party wishing to raise such a matter should normally raise it immediately.

Judges:

Sedley, Smith, Hughes LJJ

Citations:

Times 31-Jul-2007, [2007] EWCA Civ 625, [2007] 1 WLR 2484

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Hart v Relentless Records Ltd, Relentless Music Publishing Ltd, Media Village PR Ltd ChD 4-Oct-2002
The judge had informally met counsel in the corridor outside court, and advised him of the need to settle the case. The client asked the judge to recuse himself, having compromised his independence and impartiality.
Held: Such meetings were a . .
Approved – Project v Hutt EAT 6-Apr-2006
Lady Smith discussed the limits of case management powers when it came to persuading the parties to settle: ‘There are, of course, occasions when a judge or tribunal can quite properly explore difficulties that have become apparent from the evidence . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Litigation Practice

Updated: 11 July 2022; Ref: scu.253710

Byrne (A Minor) v The Motor Insurers Bureau, Secretary of State for Transport: QBD 5 Jun 2007

The court was asked whether the UK provisions for the Motor Insurers bureau met the requirements of the European Directive.
Held: The UK had failed to implement the directive properly by imposing a three year limit on claims when no such limitation was allowed by the directive. That failure arose not from any policy, but mere and inexcusable inadvertence. The breach was sufficiently serious to leave the Secretary of State liable for damages.

Judges:

Flaux J

Citations:

[2007] EWHC 1268 (QB), Times 15-Jun-2007, [2008] 2 WLR 234

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Byrne (A Minor) v The Motor Insurers Bureau and Another CA 22-May-2008
The claimant said that the rejection of his claim against the MIB was out ouf time under the MIB scheme, where, had the claim been against the driver, the claim would have succeeded.
Held: The Bureau’s appeal failed. European law imposed a . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Personal Injury, European

Updated: 11 July 2022; Ref: scu.253212

Atkins v London Borough of Ealing: QBD 17 Oct 2006

An accident which occurred when a manhole cover tilted, causing the claimant’s foot to fall through into the hole and causing the claimant injury.
Held: The council’s appeal failed.

Judges:

Teare J

Citations:

[2006] EWHC 2515 (QB)

Links:

Bailii

Statutes:

Highways Act 1980 41(1) 58

Jurisdiction:

England and Wales

Cited by:

Cited – Harrison v Derby City Council CA 21-Apr-2008
The claimant injured herself tripping over a depression in the pavement. The council appealed a finding that it was in breach of its duty, saying that it had inspected the footway every six months.
Held: The appeal succeeded. Any collapse at . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Local Government

Updated: 10 July 2022; Ref: scu.245951

Beattie v Glasgow Corporation: HL 7 Nov 1916

Mrs Janet Ferguson or Beattie, wife of John Beattie, 5 William Street, Mile End, Glasgow, pursuer, brought in the Court of Session, against the Corporation of the City of Glasgow, defenders, an action to recover pounds 500 as damages for personal injury received by her through the alleged defective lighting of the common stair at 108 Broad Street, Mile End, Glasgow, the Corporation being responsible under their Police Act of 1866 for supplying and lighting the gas in common stairs.
The Court of Session Act 1808, sec. 15, enacts-‘Hereafter no appeal to the House of Lords shall be allowed from interlocutory judgments, but such appeals shall be allowed only from judgments or decrees on the whole merits of the cause, except with the leave of the Division of the judges pronouncing such interlocutory judgments, or except in cases where there is a difference of opinion among the judges of the said Division.’
In an action to recover from a corporation damages for personal injury caused, as alleged, through defect in the lighting of a common stair for which it was by statute responsible, held that a judgment allowing an issue was an interlocutory judgment, and was, without leave and without a difference of opinion among the judges of the Division, not open for appeal to the House of Lords.

Judges:

Earl Loreburn, Viscount Haldane, Lord Shaw, and Lord Parmoor.

Citations:

[1916] UKHL 24

Links:

Bailii

Jurisdiction:

Scotland

Personal Injury, Land

Updated: 10 July 2022; Ref: scu.630692

AB and Others v Ministry Of Defence: QBD 19 Jun 2009

Judges:

Justice Foskett

Citations:

[2009] EWHC 1421 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – AB and Others v Ministry of Defence QBD 5-Jun-2009
Former members of the armed forces and others claimed damages for personal injuries, claiming that they had been obliged to expose themselves to the effects of atomic bomb explosions in the 1950s. The defendant argued that the claims were now out of . .
Lists of cited by and citing cases may be incomplete.

Limitation, Personal Injury

Updated: 09 July 2022; Ref: scu.347124

Ul-Haq and others v Shah: QBD 31 Jul 2008

After a car crash claims were settled for some claims but the defendant said that one claimant had not been in the car at the time.

Judges:

Walker J

Citations:

[2008] EWHC 1896 (QB), [2008] RTR 31

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Shah v Ul-Haq and Others CA 9-Jun-2009
The defendant appealed against a refusal to strike out the claimant’s action saying that the claimant had been involved in a fraud upon the court in an earlier associated claim.
Held: The Rule gave no power to strike out a claim on such a . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Road Traffic

Updated: 09 July 2022; Ref: scu.271315

Collett 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 league player.
Held: It was 60% likely that he would have succeeded in becoming a top flight player, and damages were assessed at andpound;4.6m.

Judges:

Swift DBE J

Citations:

[2008] EWHC 1962 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Langford v Hebran and Another CA 15-Mar-2001
The claimant sought damages for the loss of his chances of pursuing his career as a kick-boxer. The judge considered four different courses of varying success which his career might have taken. He accepted that, whether or not those scenarios had . .
Cited – Appleton v El Safty QBD 23-Mar-2007
The claimant sought damages for loss of earnings from his career as a footballer.
Held: The court made findings in relation to past losses on a balance of probabilities in relation to the first three years after the injury and on a percentage . .
Cited – Davies v Taylor HL 1974
The plaintiff’s husband was killed in a road accident caused by the defendant’s negligence. They were childless. She had deserted him five weeks before his death and thereafter, he learned about her adultery with a fellow employee. He tried to . .
Cited – 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 . .
Cited – Doyle (By Her Mother and Next Friend) v Wallace CA 18-Jun-1998
A court awarding personal injury damages could make allowance for a prospective increase in salary which a claimant might have achieved upon completion of qualifications. In this case an increase was allowed at half up from an administrative pay . .
Cited – Wells v Wells; Thomas v Brighton Health Authority; etc HL 16-Jul-1998
In each of three cases, the plaintiffs had suffered serious injury. They complained that the court had made a substantial reduction of their damages award for loss of future earnings and the costs of future care.
Held: The appeals succeeded. . .
Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 09 July 2022; Ref: scu.272502

Van Wees v Karkour and Another: QBD 14 Feb 2007

The claimant sought damages of nearly ten million pounds, principally from a loss of future earnings, after suffering a head injury in a traffic accident. She had just begun a new company providing professional financial services. The defendant said that the claim was grossly exaggerated.

Judges:

Langstaff J

Citations:

[2007] EWHC 165 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Damages

Updated: 09 July 2022; Ref: scu.248927

Hicks v Chief Constable of the South Yorkshire Police: HL 5 Mar 1992

The plaintiffs sought damages after watching television scenes of the football match at Hillsborough at which their two daughters died after disorder.
Held: Neither the risk of future injury nor anxiety at the prospect of future injury is actionable.

Judges:

Lord Templeman, Lord Bridge of Harwich, Lord Griffiths, Lord Goff of Chieveley, Lord Browne-Wilkinson

Citations:

[1991] UKHL 9, [1992] 2 All ER 65, [1992] PIQR P433

Links:

Bailii

Statutes:

Law Reform (Miscellaneous Provisions) Act 1934, Administration of Justice Act 1982 3(1)

Jurisdiction:

England and Wales

Citing:

Cited – The Owners of the ‘P. Caland’ and Freight v Glamorgan Steamship Co Ltd HL 1893
There were concurrent findings on the question whether a vessel was showing a red light when it came into collision with another vessel. The House was asked to disturb the findings of fact.
Held: A mere finding of fact in which both the courts . .
Cited – Higgins v J and C M Smith (Whiteinch) Ltd HL 1990
Lord Jauncey of Tullichettle said: ‘Where there are concurrent findings of fact in the courts below generally this House will interfere with those findings only where it can be shown that both courts were clearly wrong. It is nothing to the point . .

Cited by:

Cited – Johnston v NEI International Combustion Ltd; Rothwell v Chemical and Insulating Co Ltd; similar HL 17-Oct-2007
The claimant sought damages for the development of neural plaques, having been exposed to asbestos while working for the defendant. The presence of such plaques were symptomless, and would not themselves cause other asbestos related disease, but . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 09 July 2022; Ref: scu.248742

Noble v Southern Railway Co: HL 18 Apr 1940

The deceased was killed by an electric train. He was employed as a as a fireman and attached to the locomotive depot at Norwood Junction, having piloting duties, so that when a driver did not know the railroad, he had to travel in the engine cab and show it to him. Having reported one night at the engine shed and was then told to go to East Croyden, travelling as a passenger from Norwood Junction Station by a train due to leave shortly. To catch that train he had to walk to the Junction Station. There was a recognized route had been specified as the right way since the locomotive depot was opened. The distance along this route, which was adequately lighted at night and perfectly safe, was 1,002 yards. There was, however, a short cut along the lines of the railway, the total distance of which was 841 yards. This route was dangerous because of live rails, various obstructions and electric trains. It was not lit at night and its use by employees of the respondents was strictly prohibited. The deceased took this route and was killed by an electric train coming up behind him. He had departed from the recognized and safe- route and was walking along the highly dangerous route in close proximity to the rails used by electric trains. His widow claimed workers compensation.
Held: The claim succeeded. Proceeding to the railway station was to report duty and was during the course of his employment.
Lord Wright said: ‘I have often reflected with sadness that the Act was to be administered with as little technicality as possible. Yet thousands of reported cases have accumulated round it and fresh ones are likely to go on accumulating so long as the Act remains in its present form. . . The fundamental and initial question in every claim under the Act must be whether the accident arose out of and in the course of the employment. That is a question of fact which can only be decided by the County Court Judge by applying his common sense and his knowledge of industrial conditions to the evidence ‘ However: ‘our duty is to follow the law as we believe it to have been laid down in the previous decision of the House of Lords.’
Viscount Maugham said that three questions had to be answered: ‘First, looking at the facts proved as a whole, including any regulations or orders affecting the workman, was the accident one which arose out of, and in the course of, his employment?
Secondly, if the first question is answered in the negative, is the negative answer due to the fact that when the accident happened the workman was acting in contravention of some regulation or order?

Citations:

[1940] UKHL 1, [1940] 2 All ER 383

Links:

Bailii

Jurisdiction:

England and Wales

Health and Safety, Personal Injury

Updated: 09 July 2022; Ref: scu.248490

Baker v Bolton and others: KBD 8 Dec 1808

The plaintiff and his wife had been thrown from the roof of a coach. The plaintiff sought damages for the loss of his wife’s ‘comfort, fellowship, and assistance’.
Held: The claim failed in part: ‘the jury could only take into consideration the bruises which the plaintiff had himself sustained, and the loss of his wife’s society, and the distress of mind he had suffered on her account, from the time of the accident till the moment of her dissolution. In a civil Court, the death of a human being could not be complained of as an injury; and in this case the damages, as to the plaintiff’s wife, must stop with the period of her existence. ‘

Judges:

Lord Ellenborough

Citations:

[1808] EWCC J38, [1808] EWHC KB J92, (1808) 1 Camp 493, 170 ER 1033

Links:

Bailii, Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Cox v Ergo Versicherung Ag SC 2-Apr-2014
The deceased army officer serving in Germany died while cycling when hit by a driver insured under German law. His widow, the claimant, being domiciled in England brought her action here, claiming for bereavement and loss of dependency. The Court . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 09 July 2022; Ref: scu.248377

Intel Corporation (UK) Ltd v Daw: CA 7 Feb 2007

The company appealed against an award of damages to the defendant for personal injury in the form of stress induced mental illness.
Held: The reference to counselling services in Hatton did not make such services a panacea by which employers can discharge their duty of care in all cases. The judge was entitled to find the employer liable despite offering a staff counselling service. The employee’s problems should have been dealt with by a management intervention.

Citations:

[2007] EWCA Civ 70, [2007] IRLR 355, [2007] 2 All ER 126, [2007] ICR 1318

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Application for leave – Daw v Intel Corporation (UK) Ltd CA 24-Jul-2006
Renewed application for permission to appeal – granted. . .
Cited – Sutherland 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 . .
Cited – Barber v Somerset County Council HL 1-Apr-2004
A teacher sought damages from his employer after suffering a work related stress breakdown.
Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his . .

Cited by:

Cited – Dickins v O2 Plc CA 16-Oct-2008
The employer appealed against a finding that it was responsible for the personal injury of the claimant in the form of psychiatric injury resulting from stress suffered working for them. She had told her employers that she was at the end of her . .
Cited – Flood v The University Court of the University of Glasgow OHCS 8-Jul-2008
The pursuer, a college lecturer claimed damages for stress related injury suffered as a result of overwork. She had communicated with her managers many times about the overload. Other staff had resigned for similar reasons.
Held: The pursuer . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 09 July 2022; Ref: scu.248383

McCoubrey v Ministry of Defence: CA 24 Jan 2007

The defendant appealed a decision allowing a claim to proceed more than ten years after it had been suffered. The claimant’s hearing had been damaged after an officer threw a thunderflash into his trench on an exercise.
Held: The defendant’s appeal was allowed. ‘If a claimant can bring himself within section 11(4)(b), then he can start his claim outside the three year period as of right: no question of any discretion or balancing exercise arises. However, if a claimant relies upon section 33, the court has to carry out a balancing exercise in order to decide whether it is ‘equitable’ to permit his claim to be brought outside the three year period. ‘ The law has changed since the Bryn Alan and McAfferty cases: ‘The test under section 14(2) is substantially objective, and is not the mixture of subjective and objective in the way in which the analysis of Geoffrey Lane LJ in the McCafferty case was interpreted as indicating in a number of cases, culminating with the Bryn Alyn case. ‘ Whether an injury is ‘significant’ within section 14(1)(a), as expanded in section 14(2), must be decided by reference to the seriousness of the injury, and not by reference to its effect, let alone its subjectively perceived effect, on the claimant’s private life or career.’ and ‘the proper approach to the question raised by section 14(2) is to consider, on the hypothesis postulated by the section, the reaction to the injury (as opposed to its possible consequences) of a reasonable person in the objective circumstances of the actual claimant, while disregarding his actual personal attributes, such as intelligence aspirations aggressiveness and the like. ‘

Judges:

Ward LJ, Neuberger LJ, Tugendhat J

Citations:

Times 26-Jan-2007, [2007] EWCA Civ 17

Links:

Bailii

Statutes:

Limitation Act 1980 14(2) 33

Jurisdiction:

England and Wales

Citing:

Not Followed – McCafferty v Metropolitan Police Receiver CA 1977
The test of whether a plaintiff had sufficient knowledge to justify the start of time running against her takes into account her subjective characteristics but then applies an outsider’s view of what she should have thought.
Geoffrey Lane LJ . .
Cited – Dobbie v Medway Health Authority CA 11-May-1994
The plaintiff had a lump on her breast. The surgeon, without first subjecting the lump to a microscopic examination in order to determine whether it was cancerous or benign, removed the breast. This was in 1973. The lump was subsequently found to be . .
Cited – KR and others v Bryn Alyn Community (Holdings) Ltd and Another CA 10-Jun-2003
The court considered an extension of the time for claiming damages for personal injuries after the claimants said they had been sexually abused as children in the care of the defendants.
Held: The test to be applied under section 14(2) was . .
Cited – Catholic Care (Diocese of Leeds) and Another v Young CA 14-Nov-2006
The claimant sought damages saying that he had been abused as a child whilst in the defendant’s care. The defendants appealed a finding that the claimant had not first known of his injury more than three years before begining his action.
Held: . .
Cited – Forbes v Wandsworth Health Authority CA 21-Mar-1996
The plaintiff had a history of circulatory problems in his legs. He underwent surgery losing his leg. The question was when he should have sought advice as to why an attempted by-pass operation had resulted in one leg having to be amputated. He . .
Cited – Adams v Bracknell Forest Borough Council HL 17-Jun-2004
A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the . .
Not followed – KR and others v Bryn Alyn Community (Holdings) Ltd and Another CA 12-Feb-2003
The respondent appealed decisions by the court to allow claims for personal injury out of time. The claims involved cases of sexual abuse inflicted by its employees going back over many years.
Held: The judge had misapplied the test laid down . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Limitation

Updated: 09 July 2022; Ref: scu.248020

Isik v Clegg: QBD 8 Nov 2007

The defendant drove negligently into the back of the claimant’s car. She now said that claims by purported passengers in the car were fraudulent.
Held: The claimant was disbelieved.

Judges:

Tugendhat J

Citations:

[2007] EWHC 2552 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury

Updated: 08 July 2022; Ref: scu.261579

Richardson v Watson and Another: CA 6 Dec 2006

The claimant’s husband died in a road traffic accident. The other driver was not insured. The claimant began an action against the MIB, but failed first to give the necessary notice. She now appealed an order preventing her discontinuing the action so as to allow service of the necessary notice and re-issue out of time as an abuse of process.
Held: The aim of the requirement for notice was not to work as a form of limitation, but to prevent a party commencing an action and obtaining judgment by default.

Judges:

Lord Phillips of Worth Matravers, Lord Chief Justice, Lord Justice Scott Baker and Lord Justice Leveson

Citations:

[2006] EWCA Civ 1662, Times 13-Dec-2006

Links:

Bailii

Jurisdiction:

England and Wales

Road Traffic, Personal Injury, Litigation Practice, Limitation

Updated: 08 July 2022; Ref: scu.246804

EH Humphries (Norton) Ltd. Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd: CA 10 Nov 2006

The sub-contractor’s workman fell through a skylight and died. His employers having settled, obtained contribution orders from the main contractors and building owners who each now appealed.
Held: Whether main contractors were also liable to an injured workman was a mixed question of fact and law. The main contractors were in this case not liable. As to the owners, they did not breach any duty of care to notify the deceased or his employers of any warning received by themselves. The judge in this case had made findings of fact which were not open to him, and the appeals succeeded.

Citations:

[2006] EWCA Civ 1496, Times 22-Nov-2006, [2007] ICR 247

Links:

Bailii

Statutes:

Fatal Accidents Act 1976

Jurisdiction:

England and Wales

Citing:

Cited – McArdle v Andmac Roofing Co and Others 1967
Non-employers can owe a duty of care analogous to those owed by an employer particularly where the non-employer is engaged in operations which may affect the sub-contractor or his employee . .
Cited – Bottomley v Todmorden Cricket Club CA 7-Nov-2003
The claimant was very badly injured at a bonfire organised by the defendants. He had been asked to help with a part of the display, organised by sub-contractors, which exploded as he was filling it.
Held: The nature of the activity to be . .
Cited – Makepeace v Evans Brothers (Reading) (A Firm) and Another CA 23-May-2000
Scaffolding is an ordinary piece of equipment on a building site. As a general rule an occupier of a building did not owe a duty of care for the safety of employees of its independent contractor. However, there may be occasions when such a duty of . .
Cited – Ferguson v Welsh HL 29-Oct-1987
The plaintiff sought damages for personal injury. A council had engaged a competent contractor to carry out demolition works. Unknown to the council, the contractor sub-contracted the works to two brothers who worked in a highly dangerous manner. . .
Cited – S v Gloucestershire County Council CA 2001
The court considered the structure of a claim in negligence: ‘A negligence claim is habitually analysed compartmentally by asking whether there was (a) a duty of care; (b) breach of that duty and (c) damage caused by the breach of duty. But damage . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 08 July 2022; Ref: scu.246368

AB and others v British Coal Corporation and others: CA 19 Oct 2006

A collective compensation agreement, which required affected persons to submit their claims, along with medical evidence, through authorised solicitors to be compensated on the basis of agreed damages formula, was introduced.

Judges:

Pill LJ, Rix LJ, Arden LJ

Citations:

[2006] EWCA Civ 1357

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – AB and others v British Coal Corporation and Coal Mining Contractor Defendants QBD 22-Jun-2004
. .
See Also – AB and others v Department of Trade and Industry S/A British Coal Corporation CA 21-Dec-2005
. .

Cited by:

See Also – AB and others v British Coal Corporation and Another ComC 18-May-2007
. .
See Also – AB and others v British Coal Corporation (Department of Trade and Industry) QBD 27-Jun-2007
The parties disputed the effect of the Claims Handling Agreement (CHA) which regulated claims for compensation for respiratory diseases incurred by people working for the defendant as regards the circumstances for claimants with chronic bronchitis. . .
See Also – AB and others v British Coal Corporation (Department of Trade and Industry) (Costs) QBD 27-Jun-2007
. .
See Also – AB and others v British Coal Corporation (Rulings Appended) QBD 13-Aug-2007
. .
See Also – AB and others v British Coal Corporation ComC 15-Jan-2008
. .
Cited – Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others CA 14-Oct-2008
The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty.
Lists of cited by and citing cases may be incomplete.

Personal Injury, Litigation Practice

Updated: 08 July 2022; Ref: scu.245405

McAuley v Bristol City Council: CA 25 Jun 1991

The Council appealed against a finding of liability to the plaintiff tenant who slipped and fell in the back garden of the tenanted house.

Judges:

Neill, Ralph Gibson LJJ

Citations:

[1991] EWCA Civ 2, [1992] QB 134, [1992] 1 All ER 749, (1991) 23 HLR 586, [1991] 45 EG 155, [1991] 3 WLR 968, [1991] 2 EGLR 64, 89 LGR 931, [1992] 1 All ER 749

Links:

Bailii

Statutes:

Defective Premises Act 1972 4

Jurisdiction:

England and Wales

Citing:

Cited – Hopwood v Cannock Chase District Council CA 1975
. .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Land

Updated: 07 July 2022; Ref: scu.245297

Casey v Cartwright: CA 5 Oct 2006

There had been a low impact traffic accident, with conflicting evidence as to the damages suffered and capable of beingcaused by such an accident. The court considered the correct practice for the court in allowing additional expert evidence in small claims.
Held: In view of the controversy as to the possible injuries to be suffered, a defendant wishing to challenge an expert should serve the claimant with appropriate notice that it wished to challenge the evidence. The court should then, if the issues are properly raised allow independent examination of the claimant.

Judges:

Lord Justice Keene, Lord Justice Dyson and Lady Justice Hallett

Citations:

[2007] 2 All ER 78, [2006] EWCA Civ 1280, Times 10-Oct-2006

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Kearsley v Klarfeld CA 6-Dec-2005
The defendants had suggested three doctors to examine the claimant. The claimants suggested a Dr P to prepare a report, but when asked for his CV instructed him anyway. The defendant’s unqualified motor examiner said the accident had occurred at . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Personal Injury

Updated: 07 July 2022; Ref: scu.245268

Daw v Intel Corporation (UK) Ltd: CA 24 Jul 2006

Renewed application for permission to appeal – granted.

Judges:

Neuberger LJ, Wilson LJ

Citations:

[2006] EWCA Civ 1188

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Application for leave – Intel Corporation (UK) Ltd v Daw CA 7-Feb-2007
The company appealed against an award of damages to the defendant for personal injury in the form of stress induced mental illness.
Held: The reference to counselling services in Hatton did not make such services a panacea by which employers . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 07 July 2022; Ref: scu.244466

PRP Architects v Reid: CA 28 Jul 2006

A lift was held to be work equipment within the Regulations.

Citations:

[2006] EWCA Civ 1119, [2007] ICR 78

Links:

Bailii

Statutes:

Provision and Use of Work Equipment Regulations 1998 5

Jurisdiction:

England and Wales

Cited by:

Cited – 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 was . .
Cited – Smith v Northamptonshire County Council HL 20-May-2009
The claimant, a health care worker was visiting the home of a client when she fell from a defective wheelchair ramp and suffered injury. She sought damages from her employer.
Held: Her appeal failed (Lord Hope and Lady Hale dissenting). The . .
Lists of cited by and citing cases may be incomplete.

Health and Safety, Personal Injury

Updated: 07 July 2022; Ref: scu.244102

Moon v Garrett and others: CA 28 Jul 2006

The defendant appealed a finding that he was liable for the personal injury to the claimant. The claimant was employed to collect blocks and bring them to the site. He fell and injured himself.
Held: The defendant, the occupier of the land, was liable. The claimant was clearly a person intended to be protected by the legislation.

Citations:

Times 01-Sep-2006, [2006] EWCA Civ 1121, [2007] ICR 95

Links:

Bailii

Statutes:

Construction (Health Safety and Welfare) Regulations 1996 (1996 No 1592) 6(3)

Jurisdiction:

England and Wales

Cited by:

Cited – Davies v Forrett and Others QBD 23-Jun-2015
The claimant had been very severely injured as a passenger in a car (uninsured) which had attempted an overtaking manouvre past three cars. One pulled out, and the car in which he was a passenger swerved off the road and crashed. Damages were now . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Construction, Land

Updated: 07 July 2022; Ref: scu.243996

Wells v Mutchmeats Ltd and Another: CA 28 Feb 2006

Judges:

Gage LJ

Citations:

[2006] EWCA Civ 963

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Plumb v Ayres and Ryford Limited CA 17-Mar-1999
Appeals in personal injury cases against a judge’s finding on liability are very unlikely to succeed, and in future, leave to appeal should only be given where there is a clear evidence that the judge had made an error of principle. However, Brook . .

Cited by:

Cited – Whitehead v Bruce and Others CA 21-Mar-2013
The three defendants each appealed against apportionment of liability for serious personal injuries incurred in a road traffic accident. The first defendant a motor cycle driver, with the claimant his pillion passenger took suddent action to evade a . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 07 July 2022; Ref: scu.243357

Toth v Jarman: CA 19 Jul 2006

The claimant appealed dismissal of his claim for damages for nervous shock, associated with the alleged negligence of the defendant doctor in treating his son. It was said that the medical expert had not disclosed a conflict of interest.
Held: The presence of a conflict of interest in an expert need not necessarily disqualify an expert, though ‘where an expert has a material or significant conflict of interest, the court is likely to decline to act on his evidence or indeed to give permission for his evidence to be adduced.’ The test was as to the independence of his opinion. The court made suggestions for the Rules committee as to possible amendments to the expert’s standard declaration.

Judges:

Sir Mark Potter President, Arden LJ, Wall LJ

Citations:

[2006] EWCA Civ 1028, Times 17-Aug-2006, [2006] 4 All ER 1276

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Whitehouse v Jordan HL 17-Dec-1980
The plaintiff sued for brain damage suffered at birth by use of forceps at the alleged professional negligence of his doctor. The Court of Appeal had reversed the judge’s finding in his favour.
Held: In this case most of the evidence at issue . .
Cited – North Glamorgan NHS Trust v Walters CA 6-Dec-2002
A new mother woke in hospital to see her baby (E) fitting. E suffered a major epileptic seizure leading to coma and irreparable brain damage. E was transferred to a London hospital and the following day the claimant was told by a consultant that E’s . .
Cited – Liverpool Roman Catholic Archdeacon Trustees Inc v Goldberg (No 2) 2001
The claimant brought proceedings for professional negligence against a barrister specialising in tax. The Defendant wished to rely upon the expert evidence of another tax barrister in the same set of chambers as him, who was a friend of many years’ . .
Cited – Pollivitte Ltd v Commercial Union Assurance Company Plc 1987
An expert witness should provide independent assistance to the court by way of objective unbiased opinion in relation to matters within his expertise. . .
Cited – Field and Another v Leeds City Council CA 8-Dec-1999
The parties were involved in a dispute as to repairs on a tenanted property. The court had ordered an independent surveyor’s report. The claimant objected to the use by the defendant of an employee for this purpose, and was involved in their claims . .
Cited – National Justice Compania Naviera S A v Prudential Assurance Company Ltd (‘The Ikarian Reefer’) 1993
Cresswell J spoke of the nature of the duty owed by expert witnesses: ‘The duties and responsibilities of expert witnesses in civil cases include the following:

1. Expert evidence presented to the Court should be, and should be seen to be, the . .
Cited – Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not . .

Cited by:

See Also – Toth v Jarman CA 21-Nov-2006
. .
Cited – Chester City Council and Another v Arriva Plc and others ChD 15-Jun-2007
The claimant council alleged that the defendant had acted to abuse its dominant market position in the provision of bus services in the city.
Held: It was for the claimant to show that the defendant had a dominant position. It had not done so, . .
Cited – Kennedy v Cordia (Services) Llp SC 10-Feb-2016
The appellant care worker fell in snow when visiting the respondent’s client at home. At issue was the admission and status of expert or skilled evidence.
Held: Mrs Kennedy’s appeal succeeded. ‘There are in our view four considerations which . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Personal Injury, Litigation Practice, Evidence

Updated: 07 July 2022; Ref: scu.243326

Horton v Sadler and Another: HL 14 Jun 2006

The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of the period, but failed to give first the requisite formal notice to the MIB. He now appealed against dismissal of his second set of proceedings for want of exercise of a judicial discretion to extend the limitation period.
Held: The claimant’s appeal succeeded. The House was being asked to depart from its decision in Walkley which had created an artficial distinction between claimants who made no application within the limitation period, and those who issued, but then failed to serve and had to re-issue outside the limitation period. Several cases were referred to where the case had been distinguished and there had been a reluctance to apply it. The court did have the discretion denied to it by Walkley, to allow extension of the time for a claim. Walkley was overruled.
Lord Bingham: ‘Over the past 40 years the House has exercised its power to depart from its own precedent rarely and sparingly. It has never been thought enough to justify doing so that a later generation of Law Lords would have resolved an issue or formulated a principle differently from their predecessors.’

Judges:

Lord Bingham of Cornhill, Lord Hoffmann, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2006] UKHL 27, Times 19-Jun-2006, [2007] 1 AC 307, (2006) 91 BMLR 60, [2006] RTR 27, [2006] 2 WLR 1346, [2006] PIQR 30, [2006] 3 All ER 1177

Links:

Bailii

Statutes:

Limitation Act 1980 33

Jurisdiction:

England and Wales

Citing:

Overturned – Walkley v Precision Forgings Ltd HL 1979
The plaintiff tried to bring a second action in respect of an industrial injury claim outside the limitation period so as to overcome the likelihood that his first action, although timeous, would be dismissed for want of prosecution.
Held: He . .
Cited – Silverton v Goodall and Motor Insurance Bureau CA 26-Mar-1997
Sir Ralph Gibson explained the historical development of the Motor Insurers Bureau describing it as ‘a novel piece of extra statutory machinery’. . .
Cited – Thompson v Brown Construction (Ebbw Vale) Ltd HL 1981
The plaintiff’s solicitors, out of negligence, failed to issue a writ until one month after the limitation period had expired. The application to extend the period was rejected at first instance since he had an unanswerable claim against his . .
Cited – Firman v Ellis CA 1978
Writs had been issued within the limitation period, but then allowed to lapse.
Held: Section 2D gave a wide discretion to the court which was not limited to a residual class of case or to exceptional cases.
Ormrod LJ said: ‘The appellants . .
Cited – Cartledge v E Jopling and Sons Ltd HL 1963
The plaintiffs were steel dressers who, in the course of their employment, had inhaled quantities of noxious dust which had caused them to suffer from pneumoconiosis. They issued proceedings on 1 October 1956 but were unable to show any breach of . .
Cited – Practice Statement (Judicial Precedent) HL 1966
The House gave guidance how it would treat an invitation to depart from a previous decision of the House. Such a course was possible, but the direction was not an ‘open sesame’ for a differently constituted committee to prefer their views to those . .
Cited – Walkley v Precision Forgings Ltd CA 1978
The plaintiff appealed the strict application of the limitation laws against his claim. He had been injured whilst working as a grinder. He began one claim which lapsed, and began a second claim outside the limitation period, requesting the court to . .
Cited – Finch v Francis QBD 21-Jul-1977
Griffiths J considered the situation under which the court might use its discretion to extend a limitation period: ‘the object of the discretion was to provide for the occasional hard case’ and that its application ‘should be reserved for cases of . .
Cited – Rose v Express Welding Ltd CA 21-Jan-1986
. .
Cited – Barry Young (Deceased) v Western Power Distribution (South West) Plc CA 18-Jul-2003
The deceased had begun an action on becoming ill after exposure to asbestos by the defendant. He withdrew his action after receiving expert evidence that his illness was unrelated. A post-mortem examination showed this evidence to be mistaken. His . .
Cited – Chappell v Cooper CA 1980
The plaintiff’s writ had not been served within the required time, and it had become too late to extend its validity. The plaintiff isued a second writ. The defendant argued limitation. Counsel for the plaintiffs sought to distinguish Walkley on the . .
Cited – Jacqueline Adam v Rasal Ali CA 21-Feb-2006
The defendant sought damages against the defendant for personal injury from his alleged negligence. Her action was struck out and she recommenced the action. The defendant pleaded that she was out of time. The claimant said that the first action . .
Cited – Piggott v Aulton (Deceased) CA 29-Jan-2003
The claimant had issued proceedings against the deceased after his death, but before a personal representative had been appointed. They later discontinued and re-issued against the person appointed by the court to defend the action. The defendant . .
Cited – Deerness v John R Keeble and Son (Brantham) Ltd HL 1983
The plaintiff suffered very serious injuries as a passenger in a car, and a writ was issued within the three-year period against the driver and the owner of the car whose insurers made a substantial interim payment. The writ was not served, nor . .
Cited – Shapland v Palmer CA 23-Mar-1999
The plaintiff’s car was struck by a company car driven by the defendant in the course of her employment and she sought damages. Her action, against the employer, was struck out as late under the 1980 Act. She then commenced an action against the . .
Cited – Mcevoy v AA Welding and Fabrication Ltd CA 15-Dec-1997
Where a first writ issued within the primary limitation period is itself ineffective (although not a nullity) through having been issued variously without consent against a company in liquidation.
Held: The Walkley principle does not apply to . .
Cited – White v Glass CA 17-Feb-1989
The plaintiff had sued his club under its name, but it was an unincorporated association, and the action was stricken out as improperly constituted. The first writ issued within the primary limitation period but was ineffective. The defendant . .
Cited – Re Workvale Ltd (In Liquidation) CA 8-Apr-1992
A limited company was correctly restored to the register from dissolution so that its insurers could face an arguable claim. Where a first writ issued within the primary limitation period was ineffective (although not a nullity) through having been . .
Cited – Forward v Hendricks CA 6-Dec-1996
. .
Cited – Regina v National Insurance Commissioner, Ex parte Hudson HL 1972
The House considered whether it would have power to make a ruling with prospective effect only. Lord Diplock said the matter deserved further consideration; Lord Simon said that the possibility of prospective overruling should be seriously . .
Cited – Regina v G and R HL 16-Oct-2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the . .
Cited – Morris v Lokass and Motor Insurers’ Bureau CC 17-Feb-2003
(Birmingham County Court ) The court considered a request to exercise its discretion to allow a claim to proceed despite the writ having been issued outside the limitation period.
Held: The court accepted the distinction proposed for the . .
Cited – Hartley v Birmingham City District Council CA 1992
The writ was issued one day late; there had been early notification of the claim; and the defendant’s ability to defend the case was unaffected. The plaintiff asked the court to exercide its discretion to allow the claim t proceed.
Held: The . .
Cited – Donovan v Gwentoys Ltd HL 1990
The plaintiff, then a 16 year old girl slipped and fell whilst employed at the defendant’s factory. The limitation period expired on her 21st birthday. She commenced proceedings five and a half months after that date. The judge extended time under . .
Cited – Corbin v Penfold Metallising Co Ltd CA 28-Apr-2000
The claimant was diagnosed as suffering from an industrial disease. He instructed solicitors promptly, but they failed to issue within the limitation period. The claimant applied for the time to be lengthened to allow him to claim. The court . .
Cited – Das v Ganju CA 31-Mar-1999
Where a personal injury action had been delayed for five years by bad advice from solicitors and counsel, the court’s discretion should be exercised to allow the plaintiff to proceed with her claim, not herself being responsible for the delay.
Cited – Hytec Information Systems Limited v Council of City of Coventry CA 4-Dec-1996
The Court directed that unless particulars were served by a specified date the defendant’s claim should be struck out. The defendant served some particulars but it was decided that the defendant had deliberately flouted the unless order and its . .
Appeal from – Horton v Sadler and Another CA 28-Jun-2004
. .

Cited by:

Cited – Seal v Chief Constable of South Wales Police HL 4-Jul-2007
The claimant had sought to bring proceedings against the respondent, but as a mental patient subject to the 1983 Act, had been obliged by the section first to obtain consent. The parties disputed whether the failure was a procedural or substantial . .
Cited – Gibson v United States of America PC 23-Jul-2007
(The Bahamas) The US government sought the extradition of the appellant from the Bahamas on drugs charges. The warrants were found to be void, and the defendant released unconditionally, when the nmagistrate rejected evidence from an admitted . .
Cited – McDonnell and Another v Walker CA 24-Nov-2009
The defendant appealed against the disapplication of section 11 of the 1980 Act under section 33.
Held: The appeal succeeded. The defendant had not contributed significantly to the delay: ‘the defendant received claims quite different in . .
Mentioned – Austin v Mayor and Burgesses of The London Borough of Southwark SC 23-Jun-2010
The appellant’s brother had been the secure tenant of the respondent Council which had in 1987 obtained an order for possession for rent arrears suspended on condition. The condition had not been complied with, but the brother had continued to live . .
Cited – Aktas v Adepta CA 22-Oct-2010
The court was asked whether, when a claim was issued towards the very end of a limitation period, but was then not served, and the claim was struck out, CPR Part 7.5(1) gave a further four months in which it could be resurrected at the discretion of . .
Cited – Al Rabbat v Westminster Magistrates’ Court Admn 31-Jul-2017
The claimant appealed against refusal of an application for judicial review in turn of a refusal to allow private prosecutions of Tony Blair, Jack Straw and Lord Goldsmith in respect of their involvement in the war in Iraq, and the alleged crime of . .
Cited – Knauer v Ministry of Justice SC 24-Feb-2016
The court was asked: ‘whether the current approach to assessing the financial losses suffered by the dependant of a person who is wrongfully killed properly reflects the fundamental principle of full compensation, and if it does not whether we . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Limitation

Updated: 06 July 2022; Ref: scu.242522

Vahidi v Fairstead House School Trust Ltd: CA 9 Jun 2005

Claim for damages for stress at work by assistant headmaster.

Citations:

[2005] EWCA Civ 765

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Barber v Somerset County Council HL 1-Apr-2004
A teacher sought damages from his employer after suffering a work related stress breakdown.
Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 06 July 2022; Ref: scu.228154

Cooley v Ramsey: QBD 1 Feb 2008

The claimant sought damages after being severely injured in a road traffic accident in Australia caused by the defendant. The defendant denied that the court had jurisdiction to permit service out of the jurisdiction. The claimant said that the issues were not as to liability but as to quantum.
Held: The defendant’s application failed. The advantage to the claimant of having his damages calculated here were exactly counterbalanced by the advantage to the defendant of having damages calculated in New South Wales. However, the Claimant had established that England was the proper place in which to bring the claim. The interests of justice for both parties required close liaison between each of the claimant’s legal representatives, Mr Cooley, and the witnesses, both the witnesses of fact and the expert witnesses. That could only be effectively and properly done in England, where the claimant now was, and where he was expected to remain.

Judges:

Tugendhat J

Citations:

[2008] EWHC 129 (QB)

Links:

Bailii

Statutes:

Civil Procedure Rules 6.20(8)(a), Civil Jurisdiction and Judgment Act 1982

Jurisdiction:

England and Wales

Citing:

Cited – Metall and Rostoff v Donaldson Inc CA 1990
The court looked at how to establish where a tort was committed in order then to test its jurisdiction: ‘As the rule now stands it is plain that jurisdiction may be assumed only where (a) the claim is founded on a tort and either (b) the damage was . .
Mentioned – Handelskwekerij GJ Bier Bv v Mines De Potasse D’Alsace Sa ECJ 30-Nov-1976
Europa Where the place of the happening of the event which may give rise to liability in tort, delict or quasi-delict and the place where that event results in damage are not identical, the expression ‘place . .
Cited – Henderson v Jaouen and Another CA 1-Feb-2002
The plaintiff had been injured in an accident and had sued and recovered damages for his injuries in France. Later, his condition deteriorated. In France he would have been able to revive his action to claim further damages, but he sought a similar . .
Cited – Booth v Phillips and Others ComC 17-Jun-2004
The claimant was widow of an engineer who died on the defendant’s vessel in Egypt. She sought damages, but first had to establish jurisdiction.
Held: Permission to serve out of the jurisdiction The ordinary and natural meaning of damage was . .
Cited – Cordoba Shipping Co Ltd v National State Bank, Elizabeth, New Jersey (The Albaforth) CA 1984
A negligent misrepresentation was made in a telex sent from the United States but received and acted upon in England. The judge had set aside leave to serve the document out of the jurisdiction.
Held: The appeal succeeded. The transmission was . .
Cited – Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada HL 1986
Forum Non Conveniens Restated
The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum.
Held: ‘In the . .
Cited – Harding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
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 would limit the damages.
Held: . .
Cited – Booth v Phillips and Others ComC 17-Jun-2004
The claimant was widow of an engineer who died on the defendant’s vessel in Egypt. She sought damages, but first had to establish jurisdiction.
Held: Permission to serve out of the jurisdiction The ordinary and natural meaning of damage was . .
Cited – Marinari v Lloyd’s Bank ECJ 19-Sep-1995
A ‘harmful event’ occurred where the physical damage was suffered and not at the time and place of a later financial loss.
Europa The term ‘place where the harmful event occurred’ in Article 5(3) of the . .
Cited – ABCI v Banque Franco-Tunisienne and others CA 27-Feb-2003
‘The thinking behind the CPR was that they would speak for themselves and that courts would not have to refer to an ever increasing body of authority in order to apply them.’ . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Jurisdiction, Civil Procedure Rules

Updated: 06 July 2022; Ref: scu.264063

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 length career.
Held: The judges had failed to apply the correct principles as to loss of pension rights, and the court would itself calculate the sum afresh on the basis that she would have served a full career.

Judges:

Lord Justice Chadwick Lord Justice Moore-Bick Mr Justice Lawrence Collins

Citations:

[2006] EWCA Civ 546

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Herring v Ministry of Defence CA 10-Apr-2003
The claimant had suffered serious injury in a parachuting accident which deprived him of the opportunity of pursuing his chosen career in the police force. The judge found ‘to the extent of virtual certainty’ that he would have applied to join the . .
Cited – Langford v Hebran and Another CA 15-Mar-2001
The claimant sought damages for the loss of his chances of pursuing his career as a kick-boxer. The judge considered four different courses of varying success which his career might have taken. He accepted that, whether or not those scenarios had . .
Cited – Doyle (By Her Mother and Next Friend) v Wallace CA 18-Jun-1998
A court awarding personal injury damages could make allowance for a prospective increase in salary which a claimant might have achieved upon completion of qualifications. In this case an increase was allowed at half up from an administrative pay . .
Cited – Mallett v McMonagle HL 1970
The House discussed the role of the court in assessing future losses. Lord Diplock: ‘The role of the court in making an assessment of damages which depends upon its view as to what will be and what would have been is to be contrasted with its . .
Cited – Davies v Taylor HL 1974
The plaintiff’s husband was killed in a road accident caused by the defendant’s negligence. They were childless. She had deserted him five weeks before his death and thereafter, he learned about her adultery with a fellow employee. He tried to . .
Cited – Gregg v Scott HL 27-Jan-2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 06 July 2022; Ref: scu.241603

Barker v Corus (UK) Plc: HL 3 May 2006

The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the rule, so that the defendants could be liable for all the losses despite the fact that others who may have contributed were not being sued.
Held: The defendants were not liable jointly and severally with other possible defendants, but only in aliquot proportion to their contribution to the injury suffered. ‘The effect of the [1978 Act] is that if each defendant is treated as having caused the mesothelioma as an indivisible injury and pays the damages in full, he will be able to recover contribution to the extent that he has paid more than his fair share of the responsibility from such other tortfeasors as are traceable and solvent. But he will in effect be a guarantor of the liability of those who are not traceable or solvent and, as time passes, the number of these will grow larger.’
Lord Scott of Foscote: As to Fairchild: ‘liability was not imposed on any of the defendant employers on the ground that the employer’s breach of duty had caused the mesothelioma that its former employee had contracted. That causative link had not been proved against any of them. It was imposed because each, by its breach of duty, had materially increased the risk that the employee would contract mesothelioma. That, coupled with the fact that mesothelioma had been contracted and that it was not possible to tell when the fatal inhalation had taken place, justified, in their Lordships’ view, the imposition of liability on each employer who had contributed to the risk.’ and ‘That brings me to the third question. It is a well established principle in the law of tort that if more than one tortfeasor causes the damage of which complaint is made, and if it is not possible to attribute specific parts of the damage to a specific tortfeasor or tortfeasors in exoneration, as to those parts of the damage, of the other tortfeasors, the tortfeasors are jointly and severally liable for the whole damage. A pedestrian on the pavement injured by a collision between two cars both of whose drivers were driving negligently can hold either driver liable for his or her injuries. The apportionment of liability between the two negligent drivers is no concern of the victim.’
Baroness Hale of Richmond: ‘the damage which is the ‘gist’ of these actions is the mesothelioma and its physical and financial consequences. It is not the risk of contracting mesothelioma. ‘ and ‘while the borderline between a divisible and an indivisible injury may be debateable, mesothelioma is an indivisible injury. What makes it an indivisible injury, and thus different from asbestosis or industrial deafness or any of the other dose-related cumulative diseases, is that it may be caused by a single fibre.’
Lord Hoffmann said: ‘The justification for the joint and several liability rule is that if you caused harm, there is no reason why your liability should be reduced because someone else also caused the same harm.’

Judges:

Lord Hoffmann, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond

Citations:

[2006] UKHL 20, Times 04-May-2006, [2006] 2 WLR 1027, [2006] 2 AC 572

Links:

Bailii

Statutes:

Civil Liability (Contribution) Act 1978

Jurisdiction:

England and Wales

Citing:

Cited – McGhee v National Coal Board HL 1973
The claimant who was used to emptying pipe kilns at a brickworks was sent to empty brick kilns where the working conditions were much hotter and dustier. His employers failed, in breach of their duty, to provide him with washing facilities after his . .
Cited – Gregg v Scott HL 27-Jan-2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for . .
Appeal from – Barker v Saint Gobain Pipelines Plc CA 5-May-2004
. .
Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL 20-Jun-2002
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the . .
Cited – Wilsher v Essex Area Health Authority HL 24-Jul-1986
A premature baby suffered injury after mistaken treatment by a hospital doctor. He had inserted a monitor into the umbilical vein. The claimant suggested the treatment should have been by a more senior doctor. The hospital appealed a finding that it . .
Cited – Chaplin v Hicks CA 1911
A woman who was wrongly deprived of the chance of being one of the winners in a beauty competition was awarded damages for loss of a chance. The court did not attempt to decide on balance of probability the hypothetical past event of what would have . .
Cited – Hymowitz v Eli Lilly and Co 1989
(Court of Appeals of New York) The court considered the market share doctrine for apportioning responsibility between tortfeasors: ‘We hold that the liability of DES producers is several only, and should not be inflated when all the participants in . .
Cited – Brown v Superior Court 1988
(Supreme Court of California) The court considered the ‘market share doctrine’ for apportioning liability between tortfeasors: ‘In creating the market share doctrine, this court attempted to fashion a remedy for persons injured by a drug taken by . .
Cited – Dingle v Associated Newspapers CA 1961
A defamation of the claimant had been published and then repeated by others.
Held: The court discussed the logical impossibility of apportioning damage between different tortfeasors: ‘Where injury has been done to the plaintiff and the injury . .
Cited – Kitchen v Royal Air Force Association CA 1958
The plaintiff’s husband, a member of the RAF, was electrocuted and killed in the kitchen of his house. A solicitor failed to issue a writ in time and deprived the plaintiff of the opportunity to pursue court proceedings.
Held: Damages were not . .
Cited – Sutherland 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 . .
Cited – Rahman v Arearose Limited and Another, University College London, NHS Trust CA 15-Jun-2000
The claimant had suffered a vicious physical assault from which the claimant’s employers should have protected him, and an incompetently performed surgical operation. Three psychiatrists agreed that the aetiology of the claimant’s very severe . .
Cited – Hotson v East Berkshire Health Authority HL 2-Jul-1988
The claimant (then 13) fell twelve feet in climbing a tree and sustained an acute traumatic fracture of the left femoral epiphysis. At hospital, his injury was not correctly diagnosed or treated for five days, and he went on to suffer a vascular . .

Cited by:

Cited – Cape Plc and Others, Re Companies Act 1985 ChD 16-Jun-2006
The court was asked to sanction a scheme of arrangements, and particularly to approve a proposed scheme which itself contained the power to make amendments to the scheme.
Held: The court did have power to sanction such a proposed scheme of . .
Cited – Brett v University of Reading CA 14-Feb-2007
The deceased’s personal representative sought damages after the death from mesothelioma after working for the defendant for many years. . .
Cited – Sanderson v Hull CA 5-Nov-2008
Insufficient proof of cause of infection
The claimant worked as a turkey plucker. She caught an infection (campylobacter enteritis) at work, and the employer now appealed against a finding of liability. The employer said that the only necessary protection was regular washing of hands. The . .
Cited – Wootton v J Docter Ltd and Another CA 19-Dec-2008
The claimant sought damages saying that the contraceptive pill dispensed by the defendant was not the one prescribed by her doctor, and that she had become pregnant and suffered the losses claimed namely care, expenses and loss of earnings flowing . .
Cited – Sienkiewicz v Greif (UK) Ltd; Knowsley Metropolitan Borough Council v Willmore SC 9-Mar-2011
The Court considered appeals where defendants challenged the factual basis of findings that they had contributed to the causes of the claimant’s Mesothelioma, and in particular to what extent a court can satisfactorily base conclusions of fact on . .
Cited – London Borough of Hackney v Sivanandan and Others EAT 27-May-2011
EAT RACE DISCRIMINATION – Compensation
SEX DISCRIMINATION – Compensation
APPEAL
Council and a charity both supplied members to a recruitment panel which victimised the Claimant – Tribunal makes . .
Cited – AXA General Insurance Ltd and Others v Lord Advocate and Others SC 12-Oct-2011
Standing to Claim under A1P1 ECHR
The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable . .
Cited – Employers’ Liability Insurance ‘Trigger’ Litigation: BAI (Run Off) Ltd v Durham and Others SC 28-Mar-2012
The court considered the liability of insurers of companies now wound up for mesothelioma injuries suffered by former employees of those companies, and in particular whether the 1930 Act could be used to impose liability. The insurers now appealed . .
Cited – Zurich Insurance Plc UK Branch v International Energy Group Ltd SC 20-May-2015
A claim had been made for mesothelioma following exposure to asbestos, but the claim arose in Guernsey. Acknowledging the acute difficultis particular to the evidence in such cases, the House of Lords, in Fairchild. had introduced the Special Rule . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Health and Safety

Updated: 06 July 2022; Ref: scu.241415