Category: Personal Injury

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

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

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

Road Traffic, Personal Injury, European

Updated: 16 January 2022; Ref: scu.564195

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

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

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

Damages, Personal Injury

Updated: 16 January 2022; Ref: scu.560573

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

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

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

Personal Injury, Employment

Updated: 14 January 2022; Ref: scu.632755

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

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

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

Transport, Personal Injury, Limitation

Updated: 14 January 2022; Ref: scu.563235

Quantrell v TWA Logistics Ltd: CA 22 Apr 2016

Appeal against rejection of claim for damages for personal injury. The claimant had been injured driving a fork lift truck. He had not been wearing a seat belt.
Held: The company had told him in training to wear a seat belt, and had otherwise complied with its obligations. The appeal failed.

Moore-Bick, King, Sales LJJ
[2016] EWCA Civ 399
Bailii
England and Wales

Personal Injury

Updated: 14 January 2022; Ref: scu.563075

Greenway and Others v Johnson Matthey Plc: CA 28 Apr 2016

The claimants had been exposed to platinum salts while employed by the defendant company in breach of the employer’s duties in negligence and Health and Safety. Though they had suffered no symptoms, they claimed in damages. The employer said that no actionable claim yet lay.
Held: The claimants’ appeals were rejected. Platinum sensitisation was not in itself an actionable harm. It was a physiological change, but not a hidden impairment which the potential to give rise to detrimental physical effects in the course of day to day life.

Lord Dyson MR, Davis, Sales LJJ
[2016] EWCA Civ 408, [2016] 1 WLR 4487, [2017] ICR 276, [2016] WLR(D) 224, [2017] ICR 43, [2016] IRLR 526
Bailii, WLRD
England and Wales
Citing:
At QBD – Greenway and Others v Johnson Matthey Plc QBD 26-Nov-2014
The five claimants had been employed by the defendant. Whilst at work, and in breach of Health an Safety regulations, they had been exposed to complex halogenated platinum salts, and now claimed a sensitisation to such salts. The defendant argued . .

Cited by:
At CA – Dryden and Others v Johnson Matthey Plc SC 21-Mar-2018
Sensitisation to salt can be personal injury
The claimants, had developed platinum salt sensitisation due to the defendant employer’s breach of health and safety regulations and common law duty, claimed a cause of action for personal injury. Platinum salt sensitisation is, in itself, an . .

Lists of cited by and citing cases may be incomplete.

Employment, Personal Injury, Health and Safety

Updated: 14 January 2022; Ref: scu.563069

Graham v Commercial Bodyworks Ltd: CA 5 Feb 2015

The claimant had been very badly burned. He was covered in flammable liquid when a co-worker lit a cigarette.
Held: The claimant’s appeal failed. ‘although the defendant employers did create a risk by requiring their employees to work with thinning agents, it is difficult to say that the creation of that risk was sufficiently closely connected with Mr Wilkinson’s highly reckless act of splashing the thinner onto Mr Graham’s overalls and then using a cigarette lighter in his vicinity.’ and ‘the real cause of Mr Graham’s injuries was the no doubt frolicsome but reckless conduct of Mr Wilkinson which cannot be said to have occurred in the course of his employment.’

Longmore, Underhill, Sharp LJJ
[2015] EWCA Civ 47, [2015] WLR(D) 50, [2015] ICR 665, [2015] PIQR P15
Bailii, WLRD
England and Wales
Citing:
Cited – Jacobi v Griffiths 17-Jun-1999
(Canadian Supreme Court) The process for determining when a non-authorised act by an employee is so connected to the employer’s enterprise that liability should be imposed involved two steps: 1. Firstly a court should determine whether there are . .
Cited – Bazley v Curry 17-Jun-1999
(Canadian Supreme Court) The court considerd the doctrine of vicarious liability: ‘The policy purposes underlying the imposition of vicarious liability on employers are served only where the wrong is so connected with the employment that it can be . .
Cited – Dubai Aluminium Company Limited v Salaam and Others HL 5-Dec-2002
Partners Liable for Dishonest Act of Solicitor
A solicitor had been alleged to have acted dishonestly, having assisted in a fraudulent breach of trust by drafting certain documents. Contributions to the damages were sought from his partners.
Held: The acts complained of were so close to . .
Cited – Lister and Others v Hesley Hall Ltd HL 3-May-2001
A school board employed staff to manage a residential school for vulnerable children. The staff committed sexual abuse of the children. The school denied vicarious liability for the acts of the teachers.
Held: ‘Vicarious liability is legal . .
Cited – Aldred v Naranco CA 1987
A co-employee pushed a wash basin against Ms Aldred in order to startle her. She turned round quickly to see what was going on and injured her back in the process.
Held: Applying the traditional Salmond test, the co-employee’s act was not so . .
Cited – Mattis v Pollock (T/A Flamingo’s Nightclub) CA 1-Jul-2003
A nightclub employed an unlicensed bouncer/doorman. After an altercation in and outside the club, he went home, and returned armed and seriously assaulted the customer.
Held: The club had vicarious liability for his acts. There was a . .
Cited – Wilson v Exel UK Ltd SCS 29-Apr-2010
A supervisor in a depot was entrusted to implement the employers’ health and safety policies. In a prank, he forcefully pulled an employee’s head back by her hair.
Held: The pursuer’s appeal against rejection of the claim based upon vicarious . .
Cited – Weddall v Barchester Healthcare Ltd CA 24-Jan-2012
Parties appealed against judgments dismissing their claims of vicarious liability as against their employers after assaults by co-employees.
Held: Appeals were dismissed and allowed according to their facts.
In one case, one employee . .
Cited – Vaickuviene and Others v J Sainsbury Plc SCS 11-Jul-2013
A Mr Romasov was killed by a fellow employee in a Sainsbury’s supermarket; this fellow employee had, two days earlier, told Mr Romasov that he did not like immigrants and that he should go back to his own country. There was an argument when the . .

Cited by:
Cited – Chell v Tarmac Cement and Lime Ltd CA 12-Jan-2022
Explosive pellet not part of employee’s role.
The claimant worked on a site operated by the respondent. One of the respondent’s employees exploded two pellet targets injuring the claimant’s hearing. He asserted vicarious liability in the respondent. There had been tensions between the claimant . .

Lists of cited by and citing cases may be incomplete.

Vicarious Liability, Personal Injury

Updated: 14 January 2022; Ref: scu.542263

Cockbill v Riley: QBD 22 Mar 2013

The claimant sufferd catastrophic injury diving into a paddling pool at a party held by the defendant for his daughter to celebrate completing her GCSEs.
Held: The claim failed. ‘It was reasonably foreseeable that someone would lose his footing and suffer minor injury. Even after a number of boys had jumped into the pool feet first, it was not reasonably foreseeable that someone would attempt to carry out a dive or a belly-flop (which can very easily turn into a dive) and thus suffer grave injury. ‘

Bean J
[2013] EWHC 656 (QB)
Bailii
England and Wales
Citing:
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Tomlinson v Congleton Borough Council and others HL 31-Jul-2003
The claimant dived into a lake, severely injuring himself. The council appealed liability, arguing that it owed him no duty of care under the Act since he was a trespasser. It had placed warning signs to deter swimmers.
Held: The council’s . .
Cited – Perry and Another v Harris (A Minor) CA 31-Jul-2008
The defendant had organised a children’s party. The claimant (11) was injured when a bigger boy was allowed to use the bouncy castle at the same time. The defendants appealed the award of damages.
Held: The appeal succeeded. The relevant . .
Cited – Portsmouth Youth Activities Committee (A Charity) v Poppleton CA 12-Jun-2008
The claimant was injured climbing without ropes (‘bouldering’) at defendant’s activity centre. The defendant appealed against a finding of 25% responsibility in having failed to warn climbers that the existence of thick foam would not remove all . .
Cited – Ministry of Defence v Radclyffe CA 30-Jun-2009
The court held the appellant Ministry liable for a soldier’s injuries incurred when jumping from a high bridge. A senior officer had earlier ‘assumed responsibility to prevent the junior soldiers from taking undue risks of which he was or ought to . .
Cited – Uren v Corporate Leisure (UK) Ltd and Another QBD 26-Feb-2013
The claimant was seriously injured on a ‘Hello and Fun’ day. He and several others had taken part in a competitive game in the course of which they were allowed to enter a small pool with a one-metre drop into a depth of water of only 18 inches head . .

Cited by:
Cited – Chell v Tarmac Cement and Lime Ltd CA 12-Jan-2022
Explosive pellet not part of employee’s role.
The claimant worked on a site operated by the respondent. One of the respondent’s employees exploded two pellet targets injuring the claimant’s hearing. He asserted vicarious liability in the respondent. There had been tensions between the claimant . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 14 January 2022; Ref: scu.471969

Griffiths v Gwynedd County Council: CA 22 Oct 2015

The claimant cyclist was injured on being thrown from his bicycle going downhill, by a defect in the road. He appealed against a decision that the defect was not a danger.

Christopher Clarke, Burnett LJJ
[2015] EWCA Civ 1440
Bailii
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 . .
Cited – Jones v Rhondda Cynon Taff County Borough Council CA 15-Jul-2008
The claimant, a fireman, sought damages for injuries suffered when he was injured answering a call out. He fell into a depressed area by the road side as he was pulling away a burning wooden pallet.
Held: The appeal was dismissed. The court . .
Cited – James v Preseli District Council CA 1992
In the context of an alleged failure to maintain a highway, the question in each case is whether the particular spot where the claimant tripped or fell was dangerous: ‘if the particular spot was not dangerous, then it is irrelevant that there were . .

Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 12 January 2022; Ref: scu.561143

Macleod (By His Deputy and Litigation Friend, Macleod) v Commissioner of Police of The Metropolis: QBD 3 Apr 2014

The claimant sought damages after being severely injured when knocked from his cycle by police officers in a car attending an emergency, and driving over the speed limit.
Held: The claim succeeded, and there had been no contributory negligence by the claimant.
McKenna J said: ‘the police car was quite simply travelling far too fast in poor lighting conditions and visibility and the driver simply failed to keep a proper lookout. Both PC Reilly and PC Burbeck plainly failed to observe Mr Einsman who was cycling with his lights on in the opposite direction, despite passing him shortly before entering the roundabout. It is highly likely that they equally simply failed to see the Claimant ahead of them. PC Reilly was intent on getting to the incident at Hackney as quickly as possible and his focus as he indicated in the course of his evidence was as to whether he retained a right of way to enable him to maintain his speed. The overwhelming likelihood is that there was simply too much to observe in the run up to the junction and as with Mr Einsman, PC Reilly and indeed PC Burbeck simply failed to see the Claimant until he was virtually on top of him.’

McKenna J
[2014] EWHC 977 (QB)
Bailii
England and Wales
Citing:
Cited – Marshall v Osmond CA 1983
The plaintiff was passenger in a stolen car seeking to escape the police as they chased. The car was stopped, the plaintiff got out of the car, and was hit by a police car. He sought damages.
Held: His appeal against dismissal of his claim was . .
Cited – Keyse v Commissioner of the Police for the Metropolis, Scutts CA 18-May-2001
The court considered liability where a police car on emergency duty hit Mr Scutts causing very serious injuries. The officer appealed against a finding of liability saying that the judge had declared irrelevant the fact he was on an emergency . .
Cited – Sam v Atkins CA 9-Nov-2005
May LJ said: ‘Caparo and Murphy v Brentford were both cases concerning economic loss, not physical damage, but the principle is the same for each. The question is whether the relationship between the claimant and the defendant is such that it . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 12 January 2022; Ref: scu.523598

RAR v GGC: QBD 10 Aug 2012

The claimant alleged that the defendant, her stepfather, had sexually and otherwise assaulted her when she was a child. He had pleaded guilty to one charge in 1978, and now said that the claim was out of time. The claimant sought the extension of time for the claim on a just and equitable basis under section 33.
Held: The claim should be allowed to proceed. The abuse had given rise to psychological issue for the claimant which contributed to the delay. The defendant’s prosecution had caused him to reconsider his actions allowing the detailed defence he had in fact filed. The evidence of both parties remained cogent.
The defendant was unable to deny his conviction. He had been legally represented and had admitted the offence, and his plea now that it was entered under duress was ineffective. The issue was governed by section 11(2) of the 1968 Act.
The claim succeeded.The court awarded a total of andpound;470,034 damages including aggravated damages and interest.

Nicola Davies J
[2012] EWHC 2338 (QB)
Bailii
Limitation Act 1980 33, Civil Evidence Act 1968 11(2)
England and Wales
Citing:
Reversed by Hoare – Stubbings v Webb and Another HL 10-Feb-1993
Sexual Assault is not an Act of Negligence
In claims for damages for child abuse at a children’s home made out of the six year time limit time were effectively time barred, with no discretion for the court to extend that limit. The damage occurred at the time when the child left the home. A . .
Cited – A v Hoare HL 30-Jan-2008
Each of six claimants sought to pursue claims for damages for sexual assaults which would otherwise be time barred under the 1980 Act after six years. They sought to have the House depart from Stubbings and allow a discretion to the court to extend . .
Applied – McCauley v Vine 1999
Sir Patrick Russell considered the effect of section 11 of the 1968 Act, saying: ‘The closing words of that section ‘unless the contrary is proved’ provides in my judgment, the clearest possible mandate to a defendant in a road traffic accident case . .
Cited – McCauley v Vine 1999
Sir Patrick Russell considered the effect of section 11 of the 1968 Act, saying: ‘The closing words of that section ‘unless the contrary is proved’ provides in my judgment, the clearest possible mandate to a defendant in a road traffic accident case . .
Cited – ABB and Others v Milton Keynes Council QBD 21-Oct-2011
The claimants, now adults, each claimed that as children, the defendant had known of the prolonged and serious sexual abuse they had suffered at the hands of their father when children, and that it had failed to protect them from it. . .
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 . .
Cited – BJM v Eyre and Others QBD 12-Nov-2010
The claimant (in respect of whom an anonymity order had been made) claimed damages against the four defendants for personal injuries and financial loss arising from sexual and physical abuse of the claimant which took place between 2001 and 2003. . .
Cited – EB v Haughton QBD 17-Feb-2011
The claimant alleged sexual assualt on her by the defendant when she was a child. . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Torts – Other, Limitation, Evidence, Damages

Updated: 12 January 2022; Ref: scu.463642

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

The claimant cyclist sought damages for severe personal injury. He was walking or riding his cycle through some roadworks by the roadside, and fell out through roadside barriers into the path of a car. The defendants admitted that the path was less wide than it should have been, but said he should not have been riding on the pavement.
Held: The defendants were wholly responsible. They had created a very hazardous multi-layered trap across a kerb for all pedestrians, and: ‘it is only with the benefit of cruel hindsight that it might be said the Claimant should have risked the danger on the road or the sanctuary of another pavement rather than this one. He should certainly not be held at all ‘responsible’ for electing for the wrong option when faced with such a dreadful hazard. Neither should he be criticised for momentary inadvertence, loss of balance or misjudgement whilst trying to negotiate this particular hazard.’

Simon Brown QC J
[2010] EWHC B11 (QB)
Bailii
Highway Act 1835 72, Law Reform (Contributory Negligence) Act 1945 1(1)
England and Wales
Citing:
Cited – Lee v Williams CA 23-Jan-2001
The claimant cyclist had been injured. He had been riding along the pavement, but was hit by the defendant as he crossed an access road. Sight lines were restricted. The driver had concentrated on traffic from his right with which he was to merge, . .
Cited – Davies v Swan Motor Co (Swansea) Ltd CA 1949
A plaintiff brought an action for damages for personal injury against the drivers of two cars.
Held: There are two aspects to apportioning responsibility between a plaintiff and defendant in an action for negligence, the respective causative . .

Cited by:
Principal hearing – Kotula v EDF Energy Networks (EPN) Plc and Others QBD 17-Jun-2011
. .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 12 January 2022; Ref: scu.416771

Brown ( A Minor) v Emery: QBD 4 Mar 2010

The court considered an application for an interim payment to fund the purchase of suitable accommodation in which the child claimant might spend periods of time with her parents and sibling and ultimately reside on discharge, at a cost of andpound;777,500. The defendants said that the application was premature in that it was not clear that accomodation would be included in the final award.
Held: The court refused the application in part, disallowing the application for capital provision because it was not yet clear that the final award would include such an element in the form proposed.

Teare J
[2010] EWHC 388 (QB)
Bailii
England and Wales
Citing:
Cited – Stringman (a minor) v McArdle CA 1994
The young plaintiff, under a disability, had asked for an interim payment of andpound;100,000 to adapt a house already bought. McCullough J upheld the refusal of the district judge to make that interim payment, taking the view that the plans for the . .
Cited – Campbell v Mylchreest CA 23-Jan-1998
The claimant sough an interim award of damages.
Held: An ‘unlevel playing field’, in the sense that an interim award might prejudge arguments which might be run at a full trial, is not an absolute bar to making the requested order but only a . .
Cited – Swain v Hillman CA 21-Oct-1999
Strike out – Realistic Not Fanciful Chance Needed
The proper test for whether an action should be struck out under the new Rules was whether it had a realistic as opposed to a fanciful prospect of success. There was no justification for further attempts to explain the meaning of what are clear . .
Cited – Cobham Hire Services Ltd v Eeles CA 13-Mar-2009
The court was asked what is the correct approach to the making of an interim payment in a heavy personal injury claim where the damages, when finally assessed, are likely to include one or more periodical payments orders pursuant to section 2 of the . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 12 January 2022; Ref: scu.402521

Knight v Axa Assurances: QBD 24 Jul 2009

The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied.
Held: The assessment of damages is a procedural matter, and is governed by the law of the forum in which the case is brought. Articles 9(1)(b) and 11(2) of Brussels I (Council Regulation 44/2001 on jurisdiction and the enforcement of judgments in civil and commercial matters) entitle an injured party to sue an insurer direct on matters relating to insurance, in the place where the injured party is domiciled, provided that direct action is permitted under national law. Both French and English law are potentially relevant to the award of pre-judgment interest on those damages, depending on the facts. Damages are to be assessed by reference to English Law.

Sharp J
[2009] EWHC 1900 (QB), [2009] Lloyds Rep IR 667
Bailii
Brussels I (Council Regulation 44/2001, Supreme Court Act 1981 35A
England and Wales
Citing:
Cited – Raffelsen Zentralbank Osterreich Ag v Five Star General Trading Llc and Others CA 1-Mar-2001
An assigned marine insurance policy was subject to a claim. The issue was the ability of an assignee to claim as a claim in contract where the proper law was that under which the contract was made, or a claim of an intangible right to claim against . .
Cited – Maher and Another v Groupama Grand Est QBD 23-Jan-2009
The parties asked as to whether after a car accident in France the the assessment of damages and the calculation of pre-judgment interest was to be calculated according to French law. . .
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 – 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 – Criminal proceedings against Ruiz Bernaldez ECJ 28-Mar-1996
Europa In the preliminary-ruling procedure under Article 177 of the Treaty, it is for the national courts alone, before which the proceedings are pending and which must assume responsibility for the judgment to . .
Cited – Mendes Ferreira and Delgado Correia Ferreira v Companhia de Seguros Mundial Confianca SA ECJ 14-Sep-2000
ECJ Compulsory insurance against civil liability in respect of motor vehicles – Directives 84/5/EEC and 90/232/EEC – Minimum amounts of cover – Type of civil liability – Injury caused to a member of the family of . .
Cited – Macmillan Inc v Bishopsgate Investment Trust Plc and Others (No 3) CA 2-Nov-1995
The question of ownership of a company is to be decided according to law of country where the company is incorporated. Conflict of laws rules are to be used to look to the issue in the case not the cause of action.
Staughton LJ said: ‘In any . .
Cited – Macmillan Inc v Bishopsgate Investment Trust Plc and Others (No 3) ChD 1-Jul-1993
Bona fide chargees for value of shares situated in New York and held on trust for Macmillan were able, by application of New York law, to take the shares free of Macmillan’s prior equitable interest of which the chargees had had no notice. Where . .
Cited – Jefford v Gee CA 4-Mar-1970
The courts of Scotland followed the civil law in the award of interest on damages. The court gave examples of the way in which they apply the ex mora rule when calculating the interest payable in a judgment. If money was wrongfully withheld, then . .
Cited – Midland International Trade Services v Al Sudairy ChD 11-Apr-1990
The court had power to order the payment of interest on a judgment of a court in Saudi Arabia even though a Saudi court would have applied Sharia law. That law follows the teaching in the Koran forbidding the payment or receipt of interest. . .
Cited – Kuwait Oil Tanker Company SAK and another v Bader and others 17-Dec-1998
. .

Cited by:
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 . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages, Jurisdiction

Updated: 12 January 2022; Ref: scu.375078

Wheeler v Copes: QBD 1981

A labour-only subcontractor was provided with an inadequate ladder by the defendant. He was injured using it.
Held: The defendant was found liable.
However, Chapman J said: ‘The plaintiff puts his case to a considerable extent on the Occupiers’ Liability Act 1957, but it seems to me that there may be considerable difficulty in relation to that because the Act is dealing with an occupier. It is true that it covers moveable structures, such as vessels, vehicles and aircraft. I do not doubt that in appropriate circumstances it could apply to a ladder, but I see considerable difficulty in saying that once the defendant had handed the ladder over to the plaintiff and his partner for the purpose of the bricklaying the defendant was still the occupier of this ladder.’

Chapman J
[1981] 3 All ER 405
Occupiers’ Liability Act 1957
England and Wales
Cited by:
Distinguished on facts – Leitch v Reid QBNI 27-Jun-2003
The claimant was injured falling from a ladder on the defendant’s farm. The ladder was home built.
Held: The ladder was kept by the defendants for maintenance purposes, and there was an implicit aagreement that the claimant should use it. The . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Health and Safety, Land

Updated: 12 January 2022; Ref: scu.184178

Craig v Corporation of Glasgow: HL 16 Jan 1919

A farmer brought an action of damages against a corporation for personal injuries alleged to have been caused by the negligent driving of an electrically propelled tramcar belonging to them. He averred that while driving home two cows along a public road about five o’clock on a January afternoon he was run into by the car. It was proved that the car struck the foremost cow, that immediately thereafter and before the car stopped the driver felt a bump, and that the farmer was found lying unconscious on the ground to the rear of the car on the near side. The driver admitted that the car was travelling at the rate of about nine miles an hour, and it was proved that the night though cloudy was not dark, it being within two days of full moon. The farmer was unable to give any evidence as to how the accident happened, having lost his memory in consequence of the injury, and no further evidence was available. In an action of damages at his instance against the tramway company, held ( rev. judgment of the Second Division) that the evidence justified the inference that the pursuer’s injuries were due to the fault of the defenders.

Lord Buckmaster, Lord Finlay, Lord Dunedin, Lord Atkinson, and Lord Shaw
[1919] UKHL 186, 56 SLR 186
Bailii
Scotland

Personal Injury

Updated: 10 January 2022; Ref: scu.632765

Broadhurst and Another v Tan and Another: CA 23 Feb 2016

‘These appeals are concerned with a point of construction which arises from the apparent tension between the rules fixing costs in most lower value personal injury cases (found in section IIIA of Part 45 of the CPR) and the provisions in Part 36 which specifically apply to such claims.’

[2016] EWCA Civ 94
Bailii
England and Wales

Personal Injury, Costs

Updated: 10 January 2022; Ref: scu.560170

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 govern the admissibility of skilled evidence:
(i) whether the proposed skilled evidence will assist the court in its task;
(ii) whether the witness has the necessary knowledge and experience;
(iii) whether the witness is impartial in his or her presentation and assessment of the evidence; and
(iv) whether there is a reliable body of knowledge or experience to underpin the expert’s evidence.’

Lady Hale, Deputy President, Lord Wilson, Lord Reed, Lord Toulson, Lord Hodge
[2016] UKSC 6, [2016] WLR(D) 74, [2016] PIQR P9, 2016 GWD 4-97, 2016 SCLR 203, (2016) 149 BMLR 17, [2016] ICR 325, 2016 SLT 209, [2016] 1 WLR 597, 2016 SC (UKSC) 59, UKSC 2014/0247
Bailii, Bailii Summary, WLRD, SC, SC summary
Personal Protective Equipment at Work Regulations 1992, Management of Health and Safety at Work Regulations 1999
Scotland
Citing:
Cited – Gibson v Pollock 1848
The court admitted evidence of practice in dog coursing to determine whether the owner or nominator of a dog was entitled to a prize on its success. . .
Cited – Morton v William Dixon Ltd IHCS 19-Mar-1909
Lord President Dunedin set out the liability of an employer: ‘Where the negligence of the employer consists of what I may call a fault of omission, I think it is absolutely necessary that the proof of that fault of omission should be one of two . .
Cited – Regina v Bonython 1984
(South Australia Supreme Court) The court considered the basis for deciding whether a proposed witness was an expert.
Held: It is for the judge to determine whether a witness is competent to give evidence as an expert and for that purpose . .
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
At Outer House – Kennedy v Cordia (Services) Llp SCS 7-Aug-2013
Outer House – damages after carer’s fall in snow.
Held: The Outer House found Cordia liable under the PPE Regulations, the Management Regulations, and the common law. Both risk assessments for Cordia had been faulty.
Lord McEwan . .
Approved – Myers v The Queen PC 6-Oct-2015
Bermuda – three appeals against conviction raising similar, although not identical, questions concerning the admissibility and proper ambit of evidence as to the existence and practices of gangs and the defendant’s connections with them.
Held: . .
Cited – Kennedy v Cordia (Services) Llp SCS 19-Sep-2014
The respondent, Mrs Kennedy was working for the reclaimers as a carer. She had been injured walking up a snowy client’s path. The reclaimer appealed against an award for damages after a finding that she should have been provided with grips for her . .
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 . .
Cited – Regina v Turner (Terence) CACD 1974
The defendant appealed against his conviction for murder. He admitted that he had killed his girlfriend with a hammer, but sought to bring psychiatric evidence that he was susceptible to provocation.
Held: The law jealously guards the role of . .
Cited – Coopers (South Africa) (Pty) Ltd v Deutsche Gesellschaft fur Schadlingsbekampfung mbH 1976
(Supreme Court of South Africa (Appellate Division)) Wessels JA said: ‘[A]n expert’s opinion represents his reasoned conclusion based on certain facts or data, which are either common cause, or established by his own evidence or that of some other . .
Cited – Daubert v Merrell Dow Pharmaceuticals Inc 28-Jun-1993
United States Supreme Court – The court considered the Federal Rules of Evidence in the use of expert or skilled evidence: ‘If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to . .
Cited – 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 – 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 – 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: . .
Cited – Pora v Regina PC 3-Mar-2015
Court of Appeal of New Zealand – the defendant appealed against his conviction (after two trials) for rape and murder. He said that hos confession should not have been admitted, being unreliable, and that evidence should have been admitted that . .
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 – Mearns v Smedvig Limited and others SCS 25-Nov-1998
‘A party seeking to lead a witness with purported knowledge or experience outwith generally recognised fields would need to set up by investigation and evidence not only the qualifications and expertise of the individual skilled witness, but the . .
Cited – Main v McAndrew Wormald Ltd 1988
. .
Cited – Regina v Gilfoyle CACD 20-Dec-2000
The evidence of a psychological autopsy was not admissible in court proceedings. The field was not one with sufficiently established evidence of value and standards to allow it properly to be assessed. If it were allowed on behalf of the defence in . .
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 . .
Cited – Young v Her Majesty’s Advocate HCJ 15-Nov-2013
The Court refused to admit evidence of ‘case linkage analysis’ because it was the subject of only relatively recent academic research and a methodology which was not yet sufficiently developed that it could be treated as reliable. . .

Lists of cited by and citing cases may be incomplete.

Health and Safety, Personal Injury, Evidence

Updated: 10 January 2022; Ref: scu.560126

Middleton v Ipswich Hospital NHS Trust: QBD 27 Mar 2015

Claim for damages for clinical negligence brought on behalf of his child by his father and litigation friend in respect of a significant brachial plexus injury to Finlay’s right upper limb as a result of the circumstances of his birth.

McKenna HHJ
[2015] EWHC 775 (QB)
Bailii
England and Wales

Personal Injury

Updated: 10 January 2022; Ref: scu.545024

Campbell v Conoco (UK) Ltd and others: CA 2 May 2002

[2002] EWCA Civ 704, [2003] 1 All ER (Comm) 35, [2003] 1 Lloyds Rep IR 262, [2002] 3 All ER 813, [2002] All ER (D) 43, [2003] 1 Lloyds Rep 296, [2002] 1 WLR 3174
Bailii
England and Wales
Cited by:
Cited – Cameron v Liverpool Victoria Insurance Co Ltd SC 20-Feb-2019
The Court was asked in what circumstances is it permissible to sue an unnamed defendant? The respondent was injured when her car collided with another. The care was insured but by a driver giving a false name. The car owner refused to identify him. . .

Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 10 January 2022; Ref: scu.217147

Atkins v Co-Operative Group Ltd: QBD 26 Jan 2016

The Claimant sought damages for diffuse pleural thickening and asbestosis caused by his exposure to asbestos dust during the course of his employment by the Defendant between June 1958 and November 1962. The defendant now appealed against entry of judgment against it and an award of interim damages.

Supperstone J
[2016] EWHC 80 (QB)
Bailii

Personal Injury, Negligence, Health and Safety

Updated: 09 January 2022; Ref: scu.559290

Curtis (AKA Jason) Davis v Commissioner of Police of The Metropolis: QBD 15 Jan 2016

The claimant sought damages after being shot by police officers.

Nicol J
[2016] EWHC 38 (QB)
Bailii
England and Wales
Cited by:
Cited – Rathband v Northumbria Constabulary QBD 5-Feb-2016
The PRs of an officer who had been shot whilst on duty sued the Chief Constable alleging negligence after he later committed suicide.
Held: The action failed. The claimant, before his death, had over-estimated the time between the warning . .

Lists of cited by and citing cases may be incomplete.

Police, Personal Injury, Torts – Other

Updated: 09 January 2022; Ref: scu.558742

Crooks v Hendricks Lovell Ltd: CA 15 Jan 2016

The court was asked as to the meaning of a defendant’s offer to settle a claim for damages for personal injury under CPR Part 36, and the consequences of that offer for costs once judgment had been given for the claimant and a revised certificate of recoverable benefits issued by the Compensation Recovery Unit

Moore-Bick, Arden, Lindblom LJJ
[2016] EWCA Civ 8
Bailii
England and Wales

Costs, Personal Injury

Updated: 09 January 2022; Ref: scu.558723

Phipps v Rochester Corporation: QBD 1955

A 12 year old child claimed damages having been injured trespassing on the defendant’s premises. He had fallen into a trench on the construction site.
Held: An occupier who resigns himself to the occasional and perhaps inevitable presence of trespassers on his premises is not to be regarded as having assumed the obligations of a licensor. The court, looking at occupier’s liability to trespassing children, noted the difference between big children and little children, that is ‘children who know what they are about and children who do not’.
Devlin J stated: ‘But the responsibility for the safety of little children must rest primarily on the parents; it is their duty to see that such children are not allowed to wander about by themselves, or, at the least, to satisfy themselves that the places to which they do allow their children to go unaccompanied are safe for them to go to. It would not be socially desirable if parents were, as a matter of course, able to shift the burden of looking after their children from their own shoulders to those of persons who happen to have accessible bits of land. Different considerations may well apply to public parks or to recognised playing grounds where parents allow the children to go and accompanied in the reasonable belief that they are safe.’

Devlin J
[1955] 1 All ER 129
England and Wales

Personal Injury, Land, Torts – Other, Children

Updated: 08 January 2022; Ref: scu.190059

Speed Medical Examination Services Ltd v Secretary of State for Justice: Admn 11 Dec 2015

‘the claimant challenges the legality of part of the Government’s reforms to the process for handling soft tissue whiplash claims. The reforms include a requirement for personal injury solicitors to identify and instruct independent, accredited medical experts for the provision of initial medical reports via an online portal’

Cranston J
[2015] EWHC 3585 (Admin)
Bailii
England and Wales

Personal Injury, Administrative

Updated: 08 January 2022; Ref: scu.557155

Crammond v Medway NHS Foundation Trust: QBD 1 Dec 2015

‘the Claimant claims damages for personal injury and other losses arising out of his medical treatment at the Medway Maritime Hospital Gillingham Kent. This is an interesting case which involves some consideration of the relationship between Accident and Emergency Departments and Same Day Treatment Centres.’

Brian Forster QC HHJ
[2015] EWHC 3540 (QB)
Bailii
England and Wales

Personal Injury, Professional Negligence

Updated: 07 January 2022; Ref: scu.556487

O’Connor v The Pennine Acute Hospitals NHS Trust: CA 3 Dec 2015

On 26th September 2005 a consultant surgeon employed by the defendant operated on the claimant to repair a vesicovaginal fistula. Following the operation the claimant suffered numbness, pain and loss of motor function in her left leg, due to an injury to her femoral nerve.
The claimant claimed damages against the defendant NHS trust, alleging that the surgeon had directly injured the femoral nerve during the process of dissecting her sigmoid colon. The judge upheld that claim and awarded damages of andpound;459,758.
The defendant appeals, asserting that the judge was not entitled on the basis of the evidence at trial to find that the surgeon had injured the femoral nerve. The judge ought to have found that this was merely one of two possible, but unlikely, explanations. Accordingly the claimant had not proved her case.
In my view, on a close analysis of the evidence (itself an unusual exercise for the Court of Appeal), the judge was entitled to make the findings of fact that he did. There is no dispute that if the surgeon directly injured the femoral nerve during dissection, that would be negligent.
If my Lords agree, this appeal will be dismissed.

Jackson, McCombe LJJ, Sie Colin Rimer
[2015] EWCA Civ 1244
Bailii
England and Wales

Personal Injury, Professional Negligence

Updated: 07 January 2022; Ref: scu.556458

Tylicki v Gibbons: QBD 21 Dec 2021

HHJ Karen Walden-Smith Sitting as a Judge of the High Court
[2021] EWHC 3470 (QB)
Bailii
England and Wales
Citing:
Cited – Caldwell v Maguire and Fitzgerald CA 27-Jun-2001
The claimant, a professional jockey, had been injured when he was unseated as a result of manoeuvres by two fellow jockeys. At trial the judge identified five principles: ‘[1] Each contestant in a lawful sporting contest (and in particular a race) . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 06 January 2022; Ref: scu.670657

Coltness Iron Co Ltd v Baillie: HL 20 Jan 1922

Paragraph 3 ( a) of the Explosives in Coal Mines Order of 1st September 1913 provides:-‘If a shot misses fire the person firing the shots hall not approach, or allow anyone to approach, the shot-hole until an interval has elapsed of not less than ten minutes in the case of shots fired by electricity or by a squib, and not less than an hour in the case of shots fired by other means.’
In a mine to which the above regulation applied a shot missed fire, and a miner who was not the person who had actually applied the light to the fuse returned to the working-face within an hour in order to light the fuse, which he believed had not been ignited, and was injured in consequence of the shot then going off. Held (aff. judgment of the Second Division) that as he was not the person who had applied the light to the fuse, he was not the person firing the shot, and that accordingly he had not acted in breach of the Order in returning to the shot-hole.

Viscount Haldane, Viscount Finlay, Lord Dunedin, Lord Shaw and Lord Sumner
[1922] UKHL 118, 59 SLR 118
Bailii
Scotland

Personal Injury, Employment

Updated: 05 January 2022; Ref: scu.632793

Costello v Robert Addie and Sons (Collieries) Ltd: HL 20 Jan 1922

Paragraph 3 ( a) of the Explosives in Coal Mines Order of 1st September 1913 provides-‘If a shot misses fire the person firing the shot shall not approach, or allow anyone to approach, the shot-hole until an interval has elapsed of not less than ten minutes in the case of shots fired by electricity or by a squib, and not less than an hour in the case of shots fired by other means.’
Two shots were laid close together in a mine by two miners A and B, each of whom applied a light to his respective fuse. Both A and B were of opinion that A’s fuse had failed to ignite, but they retired to a place of safety as B’s fuse was burning. B’s shot went off, and thirty or forty minutes thereafter A returned to the shot-hole for the purpose of lighting the fuse attached to his shot. As he approached his shot it went off and he was seriously injured. The arbitrator found as a fact that A had failed to light the fuse of his shot. Held ( aff. judgment of the Second Division) that A’s shot had missed fire within the meaning of the Order, and that as A had contravened the Order in approaching the shot-hole within an hour the accident did not arise out of and in the course of his employment.

Viscount Haldane, Viscount Finlay, Lord Dunedin, Lord Shaw, and Lord Sumner
[1922] UKHL 116, 59 SLR 116
Bailii
Scotland

Personal Injury

Updated: 05 January 2022; Ref: scu.632794

Shah v London Borough of Barnet: QBD 14 Dec 2021

Judgment on:
(i) an application brought by the defendant to resile from admissions made prior to the commencement of proceedings and
(ii) An application brought by the claimant to enter judgement upon those admissions (which is contingent upon the outcome of the defendant’s application)
The claim is for damages for serious injuries sustained by the (now) 68 year old claimant when he tripped and fell on an uneven pavement in a residential street maintained by the defendant highway authority. The pavement had become uneven because of raised tree roots which had grown through the surface pushing up the slabs.

Master Stevens
[2021] EWHC 2631 (QB)
Bailii
England and Wales

Personal Injury, Litigation Practice

Updated: 05 January 2022; Ref: scu.670552

Qader and Others v Esure Services Ltd: TCC 15 Oct 2015

The key issue raised in the appeal is whether, on a proper construction of the relevant provisions of the CPR, a fixed recoverable costs regime now applies to low value personal injury claims arising out of a road traffic accident, which start under the RTA Protocol but no longer continue under that Protocol or the Stage 3 Procedure, and instead proceed on the multi track.

David Grant HHJ
[2015] EWHC B18 (TCC)
Bailii

Personal Injury, Costs

Updated: 04 January 2022; Ref: scu.553504

Rowe v Dolman: CA 23 Jul 2008

The claimant had been very severely injured in a road accident. The court was asked to determine the effect on his life expectancy, the experts had diverged as to the appropriate range of life expectancy.
Held: The judge had assessed the expert evidence, and his findings were in essence ones of fact and not of law, and therefore any appeal failed. The judge had ordered periodical payments rather than a lump sum. The claimant said that the sum generated would never be sufficient to provide for his care. However the judge had exercised a discretion, and it had not been shown that that discretion had been used wrongly.

Lord Phillips of Worth Matravers LCJ, May LJ, Hallett LJ
[2008] EWCA Civ 1040
Bailii
Damages Act 2003
England and Wales
Citing:
Appeal from – Rowe v Dolman QBD 16-Nov-2007
. .

Cited by:
Cited – Preston v City Electrical Factors Ltd and Another QBD 13-Nov-2009
The claimant had received andpound;100,000 in interim payments on his personal injury claim, and now sought a further similar sum.
Held: The claim was thought substantial, but the defendants said that any final award would include an . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 04 January 2022; Ref: scu.276659

Baikie v Glasgow Corporation: HL 17 Jan 1919

An inmate of a house to which access was obtained by a common stair brought an action against a lighting authority for damages for personal injuries sustained by her in falling on the stair. She averred that on returning home at a time when the stair ought to have been lighted she found it unlighted, that she proceeded to mount the stair, which had no handrail, in the dark with the greatest caution, and that at a turn in it she strayed on to the narrow part of the steps, came against the stair wall, slipped and fell down the stair, sustaining injuries. She averred further that the accident was due to the negligence of the defenders in failing to light the stair. The First Division dismissed the action as irrelevant on the ground that the pursuer’s averments disclosed a case of contributory negligence. Held ( rev. judgment of the First Division) that while those averments might be evidence of contributory negligence which a judge or jury would be entitled to weigh, they did not per se establish a case of contributory negligence, and case remitted to the Court of Session with a direction to order issues.

Lord Buckmaster, Lord Finlay. Lord Dunedin, Lord Atkinson, and Lord Shaw
[1919] UKHL 141, 56 SLR 141
Bailii
Scotland

Personal Injury, Negligence

Updated: 04 January 2022; Ref: scu.632764

Daff v Midland Colliery Owners’ Mutual Indemnity Co Ltd: HL 28 Jul 1913

Where membership of a mutual insurance society had been terminated upon the ground of alleged failure to pay a due call, held that, under the contract, the right to recover compensation for an accident, which had occurred in the past but involved a continuing liability, could not be forfeited, but upon the bankruptcy or liquidation of the late member, his right to recover from the insurer passed, in virtue of section 5 of the Workmen’s Compensation Act 1906, to the injured workman.

51 SLR 564
[1913] UKHL 564, 51 SLR 564
Bailii
England and Wales

Personal Injury, Insurance, Employment

Updated: 04 January 2022; Ref: scu.632747

M’Alinden v James Nimmo and Co Ltd: HL 1 Jul 1919

It is open to an arbiter acting under the Workmen’s Compensation Acts, upon sufficient evidence being adduced, to increase the compensation granted to a workman on partial incapacity, on the ground that though there is no change in his physical state, there is a greater difficulty than had been contemplated at the time of the original grant in his obtaining employment. Circumstances in which held that an arbiter had facte before him to entitle him to increase an original award.
The Scots Act 1424, cap. 24 (1424, cap. 45), dealing with pauper causes, enacts-‘ . . Ana gif sic cause be obtenyt the wrangar sail asseyth bath the party scathit and the aduocatis costis and truale. . . ‘
Held that the practice of the House of Lords was established as to the question of expenses in a poor’s cause, and could not be altered because of an early Scots statute which had not in contemplation an appeal to the House of Lords.

Viscouut Finlay, Viscount Cave, Lord Dunedin, Lord Shaw, and Lord Wrenbury
[1919] UKHL 522, 56 SLR 522
Bailii
Scotland

Personal Injury, Damages, Costs

Updated: 04 January 2022; Ref: scu.632783

Freeland v Summerlee Iron Co Ltd: HL 10 Feb 1913

The employers of a workman who had been totally incapacitated by accident admitted liability under the Workmen’s Compensation Act 1906, tendered the compensation due, the amount of which was not in dispute, and asked the workman to sign a receipt which stated-‘At the first or any subsequent payment liability is admitted only for the compensation to date of payment. Further liability, if any, will be determined week by week, when application for payment is made.’ The workman, maintaining that he was entitled to an unqualified admission of liability such as he could embody in a memorandum of agreement, refused to sign the receipt, and initiated arbitration on the ground that there was a ‘question’ as to the duration of the compensation. The employers challenged the competency of the arbitration proceedings.
Held that there was a question, unsettled by agreement, as to the duration of the compensation, and that arbitration was therefore competent.

Lord Chancellor (Haldane), the Earl of Halsbury, Lord Kinnear, and Lord Shaw
[1913] UKHL 518, 50 SLR 518
Bailii
Scotland

Personal Injury, Employment

Updated: 04 January 2022; Ref: scu.632738

Grant v Kynoch: HL 7 Apr 1919

An employee in a manure factory whose work consisted in the handling and bagging of artificial manures composed largely or wholly of bone-dust, became ill with blood-poisoning and died. The point of infection was a scratch on one of the man’s legs. The germs which caused the blood-poisoning were present in large numbers in the manures, but were also to be found though in a lesser degree in decaying matter, dust, the air, and on the skin and clothes of persons of uncleanly habits. It was not proved when or how the deceased received the scratch or when the infection occurred, though it was in the highest degree probable on the medical evidence that he received the infection from the germs contained in the bone-dust. The arbitrator awarded compensation. Held ( rev. judgment of the Second Division, dis. Lord Atkinson, dub. Lord Wrenbury) that there was evidence on which the arbitrator could competently find that the deceased’s death was due to an ‘injury by accident’ arising out of and in the course of his employment.
Observations as to the degree of particularity with respect to the time and manner of infection required to be ascertained in cases of disease due to infection by bacillus.

Lord Chancellor (Birkenhead), Lord Buckmaster, Lord Atkinson, Lord Parmoor, and Lord Wrenbury
[1919] UKHL 345, 56 SLR 345
Bailii
Scotland

Personal Injury, Employment

Updated: 04 January 2022; Ref: scu.632774

Lazar (Opinion): ECJ 10 Sep 2015

C-350/14, [2015] EUECJ C-350/14 – CO
Bailii
European
Cited by:
Opinion – Lazar (Judgment) ECJ 10-Dec-2015
Reference for a preliminary ruling – Area of freedom, security and justice – Judicial cooperation in civil matters – Regulation No 864/2007 – Article 4(1) – Concepts of ‘country in which the damage occurs’, ‘damage’ and ‘indirect consequences of the . .

Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 04 January 2022; Ref: scu.557018

Pruller-Frey v Norbert Brodnig, Axa Versicherung AG: ECJ 9 Sep 2015

ECJ Judgment – Reference for a preliminary ruling – Air carrier liability in the event of accidents – Action for damages – Montreal Convention – Regulation (EC) No 2027/97 – Flight operated free of charge by the owner of a property in order to show that property to a prospective purchaser – Regulation (EC) No 864/2007 – Direct action provided for by national law against the civil-liability insurer

A. Tizzano, P
C-240/14, [2015] EUECJ C-240/14, ECLI:EU:C:2015:567
Bailii
Regulation (EC) No 864/2007, Regulation (EC) No 2027/97

European, Personal Injury, Insurance

Updated: 03 January 2022; Ref: scu.552092

Billett v Ministry of Defence: CA 23 Jul 2015

Defendant’s appeal against the quantum of damages awarded in a personal injury action. The principal issue is how the court should assess damages for loss of future earning capacity in circumstances where the claimant suffers from a minor disability, is in steady employment and is earning at his full pre-accident rate.

Jackson, Patten, McFarlane LJJ
[2015] EWCA Civ 773
Bailii
England and Wales
Citing:
Cited – Smith v Manchester City Council CA 10-Jun-1974
Damages – earnings loss for persistent disability
The plaintiff, a part time domestic cleaner slipped and injured herself (a frozen shoulder) when working for the defendant. It was accepted that the cause of the slip was the defendant’s negligence. At the time of the claim she was still employed by . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 02 January 2022; Ref: scu.550587

The South West Strategic Health Authority v Bay Island Voyages: CA 14 Jul 2015

potential liability of sea carriers to contribute to the liability incurred by third parties for the death of or personal injury to a passenger, or the loss of or damage to his luggage, occurring in the course of carriage performed by the sea carrier.

[2015] EWCA Civ 708, [2016] 2 WLR 649, [2015] 2 Lloyd’s Rep 652, [2016] 1 All ER (Comm) 821, [2016] 4 All ER 107, [2016] QB 503
Bailii
England and Wales

Transport, Personal Injury

Updated: 02 January 2022; Ref: scu.550307

Brownlie v Four Seasons Holdings Incorporated: CA 3 Jul 2015

The claimant commenced an action here after suffering injury whilst in Egypt on an excursion organised under the control of the defendant. The defendant denied jurisdiction as regards the damage suffered.
Held: The defendant’s appeal was allowed in part. The use of the word ‘damage’ in the Regulation could not be relied upon to create a false distinction between ‘any damage’ and ‘the direct damage’.

Arden, Bean, King LJJ
[2015] EWCA Civ 665, [2015] 2 CLC 151, [2015] CP Rep 40, [2016] PIQR P2, [2015] WLR(D) 292, [2016] 1 WLR 1814
Bailii, WLRD
Council Regulation (EC) No 864/2007, Civil Procedure Rules 6, Law Reform (Miscellaneous Provisions) Act 1934
England and Wales
Cited by:
At CA – Four Seasons Holdings Incorporated v Brownlie SC 19-Dec-2017
The claimant and her family were in a car crash while on holiday in Egypt. The claimant’s husband and his daughter died. The holiday had been booked in England and the car excursion booked in advance from England. The hotel operator was incorporated . .

Lists of cited by and citing cases may be incomplete.

Jurisdiction, European, Personal Injury, Torts – Other, Civil Procedure Rules

Updated: 01 January 2022; Ref: scu.549764

Dunnage v Randall and Another: CA 2 Jul 2015

The claimant appealed against rejection of his claim for personal injuries. The deceased whilst suffering mental illness poured petrol on himself and ignited it. The claimant was injured seeking to prevent this. The events occurred in the deceased’s home and he had insurance. The claimant appealed against athe deciion which had found that the deceased’s duty of care was negatived by his mental condition.
Held: If the person had a legal duty of care to a claimant, that duty need not be negatived by his mental condition. The standard required was that of a reasonable person, not that of a treasonable person with that mental condition. The legal analysis of responsibility does not rest of a false distinction between physical and mental conditions.

Arden, Rafferty, Vos LJJ
[2015] EWCA Civ 673, [2015] WLR(D) 287, [2016] PIQR P1, [2016] MHLR 117, [2016] 2 WLR 839, [2016] QB 639
Bailii, WLRD
England and Wales

Personal Injury, Negligence

Updated: 01 January 2022; Ref: scu.549750