Category: Personal Injury

Wignal v The Secretary of State for Transport: Misc 1 Jul 2016

Preston County Court – Claim by the estate of Mr John Wignall deceased, for damages for personal injury in the form of noise-induced hearing loss (‘NIHL’) allegedly suffered by the deceased by reason of exposure to excessive and hazardous levels of industrial noise during the course of his employment with British Railways (‘BR’) as a fireman working on steam locomotives hauling passenger and goods trains in the steam age.

Judges:

Butler HHJ

Citations:

[2016] EW Misc B17 (CC)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury

Updated: 11 October 2022; Ref: scu.566582

MacFarlane and Another v Tayside Health Board: HL 21 Oct 1999

Child born after vasectomy – Damages Limited

Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the prevention of pregnancy: it does not follow that the duty includes also avoiding the costs of rearing the child if born and accepted into the family. This is not the result of a public policy rule which would otherwise produce a different conclusion; it comes from the inherent limitation of the liability relied on. The claim for solatium stood, and the claim for expenses caused directly and immediately by the pregnancy and birth, including medical expenses (if any) and the costs of the layette, but the claim for damages in respect of the rearing of the child is dismissed. Lord Steyn: ‘It may be objected that the House must act like a court of law and not like a court of morals. That would only be partly right. The court must apply positive law. But a judge’s sense of the moral answer to a question, or the justice of the case, has been one of the great shaping forces of the common law. What may count in a situation of difficulty and uncertainty is not the subjective view of the judge but what he reasonably believes that the ordinary citizen would regard as right.’

Judges:

Lord Slynn of Hadley, Lord Steyn, Lord Hope of Craighead, Lord Clyde, Lord Millett

Citations:

Times 26-Nov-1999, [2000] 2 AC 59, [1999] UKHL 50, [1999] 4 All ER 961

Links:

House of Lords, House of Lords, Bailii

Jurisdiction:

Scotland

Citing:

Cited – Sciuriaga v Powell 1979
The plaintiff made a claim for the breach of a contract to terminate pregnancy by abortion.
Held: The sole reason for the continuation of the pregnancy was the doctor’s breach of contract. Damages were awarded for pain and suffering and for . .
Cited – Udale v Bloomsbury Area Health Authority QBD 1983
The plaintiff underwent a sterilisation operation. The operation was painful and she later became pregnant. She sought damages for the pain and suffering and the additional costs of caring for the new child.
Held: Public policy held fast . .
Cited – Emeh v Kensington and Chelsea and Westminster Area Health Authority CA 1-Jul-1984
A sterilisation operation had been performed negligently and failed and the claimant was born.
Held: The birth of a child with congenital abnormalities was a foreseeable consequence of the surgeon’s careless failure to clip a fallopian tube . .
Cited – Thake v Maurice CA 1986
A vasectomy was performed. The husband was told that contraception precautions were not necessary but a child was born. The claim was brought in contract and in tort. The first instance court found no reason why public policy prevented the recovery . .
Cited – Allen v Bloomsbury Health Authority 1993
The plaintiff sought damages after a failed sterilisation. She had been apprehensive during the pregnancy that the child might be handicapped, and in the event the child suffered from temper tantrums, a speech defect and slight dyslexia.
Held: . .
Appeal from – McFarlane v Tayside Health Board IHCS 8-May-1998
Damages were payable where child born after vasectomy of husband and sperm tests gave false confirmation. This even though gift of a child a normal and healthy process and happy outcome. . .
Outer House – McFarlane v Tayside Health Board OHCS 11-Nov-1996
No damages are awardable for the birth of child following the failure of a vasectomy. It is against public policy to treat the birth of a child as a loss. . .

Cited by:

Cited – Groom v Selby CA 18-Oct-2001
The defendant negligently failed to discover the claimant’s pregnancy. A severely disabled child was born. The question was as to the responsibility for payment of excess costs of raising a severely disabled child, a claim for economic loss. The . .
Cited – Rees v Darlington Memorial Hospital NHS Trust CA 14-Feb-2002
A disabled mother sought damages for the birth of a child after a negligently performed sterilisation.
Held: The rule in McFarlane against recovery of damages for the birth of a healthy child, did not prevent an award which was intended to . .
Cited – Chagos Islanders v The Attorney General, Her Majesty’s British Indian Ocean Territory Commissioner QBD 9-Oct-2003
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
Cited – Rees v Darlington Memorial Hospital NHS Trust HL 16-Oct-2003
The claimant was disabled, and sought sterilisation because she feared the additional difficulties she would face as a mother. The sterilisation failed. She sought damages.
Held: The House having considered the issue in MacFarlane only . .
Cited – AB and others v Leeds Teaching Hospital NHS Trust, Cardiff and Vale NHS Trust QBD 26-Mar-2004
Representative claims were made against the respondents, hospitals, pathologists etc with regard to the removal of organs from deceased children without the informed consent of the parents. They claimed under the tort of wrongful interference.
Cited – Farraj and Another v King’s Healthcare NHS Trust and Another QBD 26-May-2006
The claimants sought damages after the birth of their child with a severe hereditary disease which they said the defendant hospital had failed to diagnose after testing for that disease. The hospital sought a contribution from the company CSL who . .
Limited – Hardman v Amin QBD 2001
Henriques J said: ‘McFarlane does not affect the law so far as it relates to the wrongful birth of disabled children.’ . .
Cited – Meadows v Khan QBD 23-Nov-2017
Claim for the additional costs of raising the claimant’s son, A, who suffered from both haemophilia and autism. It is admitted that, but for the defendant’s negligence, A would not have been born because his mother would have discovered during her . .
Cited – Robinson v Chief Constable of West Yorkshire Police SC 8-Feb-2018
Limits to Police Exemption from Liability
The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal . .
Cited – Human Rights Commission for Judicial Review (Northern Ireland : Abortion) SC 7-Jun-2018
The Commission challenged the compatibility of the NI law relating to banning nearly all abortions with Human Rights Law. It now challenged a decision that it did not have standing to bring the case.
Held: (Lady Hale, Lord Kerr and Lord Wilson . .
Cited – Whittington Hospital NHS Trust v XX SC 1-Apr-2020
A negligent delay in the diagnosis of her cancer left the clamant dependent on paid for surrogacy arrangements. Three issues were raised; could damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? Second, if so, could . .
Lists of cited by and citing cases may be incomplete.

Damages, Professional Negligence, Personal Injury

Leading Case

Updated: 11 October 2022; Ref: scu.135129

Lawrence v Kent County Council: CA 26 Apr 2012

Judges:

Longmore, Kitchin LJJ, Sir Mark Waller

Citations:

[2012] EWCA Civ 493

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Mills v Barnsley Borough Council CA 1992
The court considered the extent of defect in a highway needed to found a claim that it was dangerous. It emphasised that the duty must not be made too high, balancing the public need against the private interest.
Steyn LJ said: ‘For my part I . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 07 October 2022; Ref: scu.453004

Greene v Chelsea Borough Council: CA 1954

Lord Denning MR said: ‘Knowledge or notice of the danger is only a defence when the plaintiff is free to act upon that knowledge or notice so as to avoid the danger’.

Judges:

Lord Denning MR

Citations:

[1954] 2 QBD 127

Jurisdiction:

England and Wales

Cited by:

Cited – Roles v Nathan CA 15-May-1963
Two chimney sweeps were overcome by fumes, and died in the basement of the Manchester Assembly Rooms. Whilst occupied working in flues (against advice), a boiler had been lit.
Held: (Majority – Pearson LJ dissenting) The land-owner’s appeal . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Land, Negligence

Updated: 07 October 2022; Ref: scu.568158

Edwards v National Coal Board: CA 1949

A regulation encompassed a requirement to take specified action, so far as it is reasonably practicable, in order to prevent danger. Asquith LJ discussed the term: ”Reasonably practicable’ . . seems to me to imply that a computation must be made by the owner, in which the quantum of risk is placed on one scale and the sacrifice involved in the measures necessary for averting the risk (whether in money, time or trouble) is placed in the other; and that if it be shown that there is a gross disproportion between them – the risk being insignificant in relation to the sacrifice – the defendants discharge the onus on them.’

Judges:

Asquith LJ

Citations:

[1949] 1 KB 704

Jurisdiction:

England and Wales

Cited by:

Cited – Austin Rover Group Ltd v Her Majesty’s Inspector of Factories HL 1990
The relevant factors in the phrase the words ‘so far as is reasonably practicable’ are the foreseeable risk of injury and the cost of the preventive measures. ‘Sections 2 and 3 impose duties in relation to safety on a single person, whether an . .
Cited – Mann v Northern Electric Distribution Ltd CA 26-Feb-2010
Climb over high fence was unforeseeable
The claimant appealed against dismissal of his claim for damages after suffering very severe injury when climbing onto an electricity substation. He said that the defendant had not satisfied its statutory obligation to fence off the substation. The . .
Cited – Baker v Quantum Clothing Group and Others CA 5-Jun-2009
The court considered a request that one of the three judges (Sedley LJ) recuse himself on the grounds of apparent bias. It was a case claiming damages for personal injury in the form of hearing losses incurred at work. Sedley LJ was Hon President of . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Health and Safety

Updated: 07 October 2022; Ref: scu.401956

Woodham v JM Turner (T/A Turners of Great Barton) and Another: CA 20 Feb 2012

The claimant motorcyclist was severely injured in a collision with the defendant’s bus. The defendant now appealed against an apportionment of 70% responsibility for the accident.

Judges:

Carnwath, Davis LJJ, Sir Stephen Sedley

Citations:

[2012] EWCA Civ 375

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury

Updated: 06 October 2022; Ref: scu.452432

Roche v Secretary of State for Defence: Admn 8 Oct 2004

The claimant had been subject to experiments at Porton Down in the 1950s. He later sought damages, but the respondent issued a certificate under the 1947 Act.

Citations:

[2004] EWHC 2344 (Admin)

Links:

Bailii

Statutes:

Crown Proceedings Act 1947 10, Naval, Military and Air Forces (Disablement and Death) (Services Pension) Order 1983

Jurisdiction:

England and Wales

Armed Forces, Personal Injury

Updated: 05 October 2022; Ref: scu.226912

First Capital East Ltd v Plana and Another: QBD 23 Oct 2015

Contested application for permission to bring committal proceedings for contempt of court against the Respondents pursuant to CPR 81.18 in relation to statements made in support of a personal injury claim by the 1st Respondent.

Judges:

Peter Hughes QC HHJ

Citations:

[2016] 1 WLR 1271, [2015] EWHC 2982 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Contempt of Court, Personal Injury

Updated: 04 October 2022; Ref: scu.554407

Charnock and Others v Rowan and Others: CA 20 Jan 2012

14 passengers in a bus hit from behind at a slow speed had all claimed whiplash injury. The expert had said that the accepted speed required to produce such an injury was a change of 3mph, which would require an impact at 30mph, whereas the evidence suggested that the car had been travelling at no more than 15mph. The judge had found against the existence of the standard (Delta V) referred to. The defendant appealed.
Held: The court was really being asked as to the admissibility of records made by the doctor of statements made to him on examining a claimant. The appellants argued that they were hearsay, but admissible. The appeal was dsmissed.

Judges:

Gross LJ, Mann J, Sir Stephen Sedley

Citations:

[2012] EWCA Civ 2

Links:

Bailii

Statutes:

Civil Evidence Act 1968, Civil Evidence Act 1995 6(5)

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 . .
Cited – North Australian Territory Co v Goldsborough, Mort and Co CA 1893
The court considered the propriety of the cross examination of a witness of the statements of others. The plaintiff company in liquidation, sought rescission of a contract for the purchase of land. In the course of the liquidation and after the . .
Cited – Denton Hall Legal Services and others v Fifield CA 8-Mar-2006
The court gave guidance on the procedures to be adopted to avoid difficulties arising from factual differences between medical experts.
Buxton LJ discussed the status of quotations recorded by the doctor examining a claimant, saying: ‘What the . .
Cited – Lawrenson v Lawrenson and Equity Red Star 12-Jul-2005
. .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Evidence

Updated: 04 October 2022; Ref: scu.450422

Cook v Thorne and Another: CA 23 Jan 2001

Citations:

[2001] EWCA Civ 81

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Jebson v Ministry of Defence CA 28-Jun-2000
The claimant was a guardsman travelling in the rear of a service lorry. He fell from the tailgate suffering severe injury. He was drunk after a social trip.
Held: Though a person could normally expect to be responsible himself for incidents . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 01 October 2022; Ref: scu.217925

Bralsford v Conoco Ltd: CA 14 Feb 1997

The employers appealed against a finding of negligence causing the plaintiff personal injury. The plaintiff lorry driver for the defendants, had his boot lace caught as he was on top of the tanker. He fell, but was left suspended.

Citations:

[1997] EWCA Civ 1017

Jurisdiction:

England and Wales

Citing:

Cited – Vancouver General Hospital v McDaniel PC 27-Jul-1934
British Columbia A hospital owes a duty to establish adequate procedures to safeguard patients from cross-infection. Howeber it was a good defence to show that the defendants had acted in accordance with a general practice.
Lord Alness said: . .
Cited – Morris v West Hartlepool Steam Navigation HL 1956
The ship had followed a practice of leaving the between deck hatch covers off in the absence of a guard rail around the hatchway. The plaintiff seaman fell into the hold. There was evidence that on this ship it was quite usual for men to be sent . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 01 October 2022; Ref: scu.141413

Cox v Ergo Versicherung Ag and Another: QBD 28 Oct 2011

The deceased died in a road traffic accident whilst serving in the Armed forces in Germany. The driver was insured under German law. The widow now claimed damages in England. She had entered a new relationship.
Held: The object of section 844 of the German regulations was to restore the claimant to the financial position that she would have been in as a dependant of the deceased, but for his death, taking account of any subsequent benefits received which impact on the loss of dependancy, apart from insurance recoveries. These subsequent benefits may include the income that the claimant has made or would be likely to make by taking paid employment, together with any maintenance accruing to the claimant through her remarriage or through some other relationship following the birth of a child. ‘Fundamental to the foregoing, is a substantive requirement of German law: the duty to mitigate, such justifying ongoing reference to her earning capacity and to benefits accruing from remarriage or from a similar relationship.’
The defendants case was to be preferred, and the calculation of damages undertaken according to German Law.

Judges:

Sir Christopher Holland

Citations:

[2011] EWHC 2806 (QB)

Links:

Bailii

Statutes:

Private International Law (Miscellaneous Provisions) Act 1995, Fatal Accidents Act 1976 1 3 4, European Communities (Rights against Insurers) Regulations 2002, Directive 2009/103/EC

Jurisdiction:

England and Wales

Citing:

Cited – Welsh Ambulance Services NHS Trust and Another v Williams CA 15-Feb-2008
The court considered the essential philosophy underwriting the 1976 Act. Smith LJ said: ‘nothing that a dependant (or for that matter anyone else) could do after death could either increase or decrease the dependency. The dependency is fixed at the . .
Cited – Roerig v Valiant Trawlers Ltd CA 28-Jan-2002
The claimant who was Dutch, was a widow of a fisherman who had died at sea. The question on appeal was ‘in assessing damages for loss of dependency should benefits resulting from the loss be deducted from the damages?’ The claimant’s position under . .
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 – FBTO Schadeverzekeringen v Jack Odenbreit ECJ 13-Dec-2007
ECJ Regulation (EC) No 44/2001 – Jurisdiction in matters relating to insurance – Liability insurance – Action brought by the injured party directly against the insurer – Rule of jurisdiction of the courts for the . .
Cited – Welsh Ambulance Services NHS Trust and Another v Williams CA 15-Feb-2008
The court considered the essential philosophy underwriting the 1976 Act. Smith LJ said: ‘nothing that a dependant (or for that matter anyone else) could do after death could either increase or decrease the dependency. The dependency is fixed at the . .
Cited – Maher and Another v Groupama Grand Est CA 12-Nov-2009
Two English claimants respectively suffered injury in a French road accident. They brought claims for damages against the French insurer of the other driver. Judgment on liability was entered by consent. There were issues as to the assessment of . .
Cited – Seward v The Vera Cruz HL 1884
The House was asked to rule upon the nature of a fatal accident claim as established by the 1846 Act, Lord Campbell’s Act – was it such as to be within the jurisdiction of the Admiralty Division?
Held: Earl of Selbourne LC said: ‘Lord . .

Cited by:

Appeal from – Cox 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 . .
See Also – Cox v Ergo Versicherung Ag and Another CA 19-Jul-2012
The deceased army officer had been injured in a road traffic accident in Germany. His widow brought proceedings in the UK, anticipating a better damages award than might be available in Germany. She had assigned certain elements of her claim to the . .
At first instance – 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, European

Updated: 26 September 2022; Ref: scu.448154

Mackenzie v Alcoa Manufacturing (GB) Ltd: CA 29 Nov 2019

The court was asked as to the circumstances in which it will be appropriate to draw an inference adverse to the operator of a factory in industrial deafness cases where there was noise in the workplace and no noise survey is available.

Citations:

[2019] EWCA Civ 2110

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury

Updated: 25 September 2022; Ref: scu.645538

Williams v University of Birmingham and Another: CA 28 Oct 2011

The deceased had suffered mesothelioma. It was said to have been contracted whilst studying at the defendant University. His study involved working in a closed tunnel with asbestos lagged pipes.
Held: Aikens LJ, set out the legal approach to be adopted applying the three leading decisions He referred to Sienkiewicz and the holding by the Supreme Court that the basis of liability for mesothelioma remained a question to be decided according to the Common Law, since section 3 of the 2006 Act only dealt with the position once liability had been found. He set out the four elements that had to be established on the balance of probabilities as a result of the trilogy of decisions. The breach of the duty of care was to be shown by the claimant establishing that the defendant had negligently exposed the victim to asbestos fibres and consequent asbestos related injury that was the reasonably foreseeable result of the negligence. The causation element required that it be shown that the defendant’s negligent breach of duty caused a material increase in the risk that the victim would develop mesothelioma. The causation element applicable to ordinary tort claims was thus modified to deal with ‘the rock of uncertainty’.

Judges:

Maurice Kay VP CA, Aikens, Patten LJJ

Citations:

[2011] EWCA Civ 1242, [2012] ELR 47, [2012] PIQR P4

Links:

Bailii

Statutes:

Compensation Act 2006

Jurisdiction:

England and Wales

Personal Injury

Updated: 25 September 2022; Ref: scu.447638

Dawkins v Carnival Plc (T/A P and O Cruises): CA 27 Oct 2011

Appeal against dismissal of claim for personal injuries aboard cruise ship in international waters.

Judges:

Pill, Moore-Bick, Aikens LJJ

Citations:

[2011] EWCA Civ 1237

Links:

Bailii

Statutes:

Merchant Shipping Act 1995 183, Athens Convention on Carriage of Passengers and their Luggage by Sea (1974)

Jurisdiction:

England and Wales

Personal Injury

Updated: 25 September 2022; Ref: scu.447610

Dingley v Chief Constable of Strathclyde Police: HL 11 May 2000

The officer had been injured in an accident in a police van. He developed multiple sclerosis only a short time afterwards. The respondent denied that the accident caused the MS.
Held: There is no proof of what causes MS, but it was common ground that trauma never causes the disease. The question was whether trauma could trigger it. In a small number of cases the onset of symptoms is preceded by trauma, but coincidences can occur. So the theory that trauma triggers the onset of symptoms of MS has to be tested. There was insufficient evidence in this case to support such a conclusion. Appeal dismissed.

Judges:

Browne-Wilkinson Lord Nicholls of Birkenhead Lord Steyn Lord Hope of Craighead Lord Clyde

Citations:

[2000] UKHL 14, 2000 SC (HL) 77

Links:

House of Lords, Bailii

Jurisdiction:

Scotland

Citing:

Cited – Watt (or Thomas) v Thomas HL 1947
When Scots Appellate Court may set decision aside
The House considered when it was appropriate for an appellate court in Scotland to set aside the judgment at first instance.
Lord Thankerton said: ‘(1) Where a question of fact has been tried by a judge without a jury, and there is no question . .
Cited – Benmax v Austin Motor Co Ltd HL 1955
Except for cases which are expressly limited to questions of law, an appellant is entitled to appeal from the Court of Session to the House against any finding, whether it be a finding of law, a finding of fact or a finding involving both law and . .
Cited – Islip Pedigree Breeding Centre and Others v Abercromby HL 1959
The House of Lords should only review concurrent findings of fact in both Outer and Inner House of the Court of Session which depended upon an assessment of credibility by the trial judge if it can be clearly demonstrated that his findings were . .
Cited – Stephen v Scottish Boatowners Mutual Insurance Association HL 1989
The House was asked whether the skipper of a fishing boat had used all reasonable endeavours to save his vessel, Lord Keith of Kinkel said that the test was an objective one directed to ascertaining ‘what an ordinarily competent fishing boat skipper . .
Cited – Smith New Court Securities Ltd v Scrimgeour Vickers HL 21-Nov-1996
The defendant had made misrepresentations, inducing the claimant to enter into share transactions which he would not otherwise have entered into, and which lost money.
Held: A deceitful wrongdoer is properly liable for all actual damage . .
Cited – Brodie v British Railways Board HL 1972
. .
Cited – Davie v Magistrates of Edinburgh 1953
Issues arose in relation to the expert evidence which had been led.
Held: The court rejected a submission that, where no counter evidence on the science in question had been adduced for the pursuer, the Court was bound to accept the . .
Appeal from – Dingley v The Chief Constable, Strathclyde Police 1998
The court was asked whether the development of multiple sclerosis had been caused by physical injury sustained in a motor accident. Medical science was not able to demonstrate the connection between the two, and reliance was placed on . .

Cited by:

See Also – Dingley v The Chief Constable of Strathclyde Police OHCS 9-Oct-2002
. .
Cited – McTear v Imperial Tobacco Ltd OHCS 31-May-2005
The pursuer sought damages after her husband’s death from lung cancer. She said that the defenders were negligent in having continued to sell him cigarettes knowing that they would cause this.
Held: The action failed. The plaintiff had not . .
Lists of cited by and citing cases may be incomplete.

Police, Personal Injury

Updated: 22 September 2022; Ref: scu.159048

Williams and Another v Hinton and Another: CA 14 Oct 2011

The appellant landlords appealed against the award of damages to their former tenants under the 1985 and 1972 Acts. The judge had proceeded to hear the case in their absence.
Held: The court considered whether the appellants should instead have applied to have the judgments set aside.

Judges:

Moore-Bick, Gross LJJ

Citations:

[2011] EWCA Civ 1123

Links:

Bailii

Statutes:

Landlord and Tenant Act 1985 11, Defective Premises Act 1972 4, Civil Procedure Rules 39.37

Jurisdiction:

England and Wales

Citing:

Cited – Van De Hurk v The Netherlands ECHR 19-Apr-1994
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1 (independent tribunal); No violation of Art. 6-1 (fair trial); Pecuniary damage – claim rejected; Costs and expenses partial award – Convention . .
Lists of cited by and citing cases may be incomplete.

Housing, Personal Injury, Human Rights, Civil Procedure Rules

Updated: 20 September 2022; Ref: scu.445636

Brighton and Hove Bus and Coach Company Ltd v Brooks and Others: Admn 14 Oct 2011

The applicants sought the committal of the defendants for contempt of court, saying that they had made false representations to boost their claim for damages for personal injury against the applicants.

Judges:

Richards LJ, Nicolas Davies J

Citations:

[2011] EWHC 2504 (Admin)

Links:

Bailii

Contempt of Court, Personal Injury

Updated: 20 September 2022; Ref: scu.445483

XP v Compensa Towarzystwo Sa and Another: QBD 13 Jul 2016

The claimant had been injured in two separate car accidents suffering physical and psychiatric injuries. Liability was admitted but the insurers coud not agree apportionment of losses.

Judges:

Whipple J

Citations:

[2016] EWHC 1728 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Bumper Development Corporation Ltd v Commissioner of Police of the Metropolis CA 1991
An Indian temple having a legal persona recognised in India may assert rights and make claims under English Law. Even though it would not be recognised as a litigant if based in England and Wales, it was nonetheless entitled, in accordance with the . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 19 September 2022; Ref: scu.567070

XX v Whittington Hospital NHS Trust: CA 19 Dec 2018

The defendant had failed to diagnose cancer in the claimant. The court was now asked whether the judge was correct in law to refuse (or limit) Ms X’s recovery of damages for expenses of surrogacy arrangements which she intended to make, either in the state of California in the United States of America or, alternatively, in this country. The second issue is whether, in so far as the judge awarded damages for such surrogacy expenses as would be lawful in this country, he was correct to differentiate between ‘own egg’ and ‘donor egg’ surrogacies. The third issue is whether, dependent upon our decision upon the surrogacy issues, there should be any reduction in the damages awarded for pain, suffering and loss of amenity (‘PSLA’).
Held: The Court dismissed the Hospital’s appeal and allowed the mother’s appeal. She was entitled to the costs associated with the two surrogacy arrangements under each method.

Judges:

Lord Justice Mccombe
Lady Justice King
And
Lady Justice Nicola Davies

Citations:

[2018] EWCA Civ 2832, [2019] 3 WLR 107, [2019] WLR(D) 10

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Appeal from – XX v Whittington Hospital NHS Trust QBD 18-Sep-2017
The defendant Trust admitted a failure to diagnose cancer in the claimant. As a result of the necessary treatment, she became infertile. An earlier treatment might have avoided this. She now sought damages, inter alia for losses associated with the . .
Cited – Briody v St Helens and Knowlsey Area Health Authority CA 29-Jun-2001
The appellant had claimed and been awarded damages for a negligently performed caesarean operation. She had been refused damages for the cost of later going to California to go through a commercial surrogacy procedure.
Held: Such claims were . .

Cited by:

Main judgment – XX v Whittington Hospital NHS Trust (Leave) CA 19-Dec-2018
Refusal of permission to appeal to Supreme Court . .
Appeal from – Whittington Hospital NHS Trust v XX SC 1-Apr-2020
A negligent delay in the diagnosis of her cancer left the clamant dependent on paid for surrogacy arrangements. Three issues were raised; could damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? Second, if so, could . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 19 September 2022; Ref: scu.631422

Micklewright v Surrey County Council: CA 28 Jul 2011

A branch overhanging the road, fell off causing a death. His PR claimed damages, but failed in the County Court. The death of an individual killed by a branch falling from a tree overhanging the highway was not attributable to the negligence of the local authority. The judge found that extensive internal decay was a major factor in the branch’s fall. He found that nobody had seen any external signs of decay and he found that, even if the local authority had had in place a proper system of inspection, the extent of the decay, and the danger it posed, would not have been revealed.
Held: The appeal was dismissed. Hedley J focused on the two stages of the judge’s enquiry: namely whether a routine inspection would have led on to a detailed inspection by a qualified arboriculturalist and, if so, whether that expert’s inspection would have led to the removal of the branch. Hedley J said that the judge’s findings made it probable that, had the outcome of a preliminary inspection warranted an inspection by an expert, then the later, detailed inspection would have revealed the extent of the decay and would have led to the removal of the branch. Thus, he said, the critical issue was whether or not the judge had been right to find that no expert inspection had been warranted, because a preliminary inspection would not have given rise to any cause for concern. The Court of Appeal concluded that, on the facts, the judge had been right to reach that conclusion.

Judges:

Mummery, Patten LJJ, Hedley J

Citations:

[2011] EWCA Civ 922

Links:

Bailii

Statutes:

Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976

Jurisdiction:

England and Wales

Cited by:

Cited – Stagecoach South Western Trains Ltd v Hind and Another TCC 11-Jun-2014
A train crash was caused when an ash tree fell from the defendant’s land across the railway line. The company sought damages from the land-owner.
Held: The land-owner’s duty extended no further than the carrying out of periodic informal or . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 17 September 2022; Ref: scu.442527