Category: Personal Injury

Jackson v Murray: SCS 14 Jun 2012

Outer House – (Opinion) The pursuer child came out of a school bus and ran into the road behind it, being hit by a car driven by the defender. The court was asked as to the proprotions of responsibility.
Held: The pursuer was 90% responsible. The defender had failed to drive with reasonable care and was negligent. If he had been travelling at a reasonable speed the pursuer would have made it safely past him, so the accident would not have occurred. The ‘principal cause’ of the accident was the ‘reckless folly’ of the pursuer: either she did not look to the left before crossing or, having looked, she had failed to identify and react sensibly to the presence of the car in close proximity. On either scenario the greater cause of the accident was her movement into the path of the defender’s car at a time when it was impossible for him to avoid a collision.

Judges:

Lord Tyre

Citations:

[2012] ScotCS CSOH – 100

Links:

Bailii

Statutes:

Law Reform (Contributory Negligence) Act 1945

Jurisdiction:

Scotland

Cited by:

At Outer House – Jackson v Murray and Another SCS 27-Dec-2012
Extra Division, Inner House. The pursuer, a child, alighted from a school bus, and, on emerging into the road was hit by a car driven by the defender, suffering serious injury. She now appealed against a finding that she was 90% responsible for her . .
At Outer House – Jackson v Murray and Another SC 18-Feb-2015
Child not entirely free of responsibility
The claimant child, left a school bus and stepped out from behind it into the path of the respondent’s car. She appealed against a finding of 70% contributory negligence.
Held: Her appeal succeeded (Majority, Lord Hodge and Lord Wilson . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 01 November 2022; Ref: scu.460439

Painting v University of Oxford: CA 3 Feb 2005

The claimant had sought damages for personal injuries, namely injury to her back. Though she was found to have exaggerated her claim, she still recovered more than had been paid in. The defendant appealed a costs order based solely on the size of the recovery.
Held: When a claimant exaggerated her claim, the question of costs was not to be settled only by the size of the award as against the payment in. Such cases were fact sensitive. The court had a discretion. The defendant said it was in an impossible position, but this was not true. It could have increased the size of its payment in. The issue at trial had however been substantially as to the existence of the exaggeration. The defendant was in fact the winner of the issues played out before the court, and with some reluctance the costs award was altered.

Judges:

Longmore LJ, Maurice Kay LJ

Citations:

Times 15-Feb-2005, [2005] EWCA Civ 161, [2005] PIQR Q5, [2005] 3 Costs LR 394

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Hall and others v Stone CA 18-Dec-2007
The claimants appealed against a reduction in their costs awards after succeeding in their claims arising from road traffic incidents. The judge had awarded them only 60% of their costs and they appealed submitting that there was no reason why they . .
Cited – Widlake v BAA Ltd CA 23-Nov-2009
The claimant had succeeded in her action for personal injuries, but now appealed against the awarding of costs to the defendant. The dispute had been substantialy as to the nature and effect of her injuries. She had not disclosed earlier injury to . .
Cited – Gregson v Hussein, CIS Insurance CA 9-Feb-2010
The claimant appealed against the level of costs awarded to him in succeeding in his claim for damages for personal injury following a road traffic accident. The court had found that though the claimant had succeeded, the substantial dispute had . .
Lists of cited by and citing cases may be incomplete.

Costs, Personal Injury

Updated: 31 October 2022; Ref: scu.223216

Bankers Insurance Company Limited v South, Gardner: QBD 7 Mar 2003

The two defendants had been involved in a jet-ski accident on holiday in Europe. The claimant sought a declaration that it was not liable to indemnify its insured under the holiday insurance under which they travelled. The policy excluded liability for damages arising from ownership, or possession of water craft. The defendants alleged that the exclusion was unfair under the Regulations.
Held: The policy was neither unfair nor worded unclearly, and was not affected by the Regulation. A jet ski is a water craft. It was asserted that the clause requiring immediate notification was unfair. This failed. Declaration granted.

Judges:

The Honourable Mr Justice Buckley

Citations:

[2003] EWHC 380 (QB)

Links:

Bailii

Statutes:

Unfair Terms in Consumer Contracts Regulations 1994 3

Jurisdiction:

England and Wales

Citing:

Cited – Director General of Fair Trading v First National Bank HL 25-Oct-2001
The House was asked whether a contractual provision for interest to run after judgment as well as before in a consumer credit contract led to an unfair relationship.
Held: The term was not covered by the Act, and was not unfair under the . .
Cited – Alfred Mcalpine Plc v BAI (Run-Off) Limited CA 11-Feb-2000
Obligations in a Notice of Claims clause should not be treated as conditions precedent to liability but as innominate terms apt only to create a defence to a claim under the policy if the consequences of breach are so serious as to give the insurers . .

Cited by:

Cited – Friends Provident Life and Pensions Ltd v Sirius International Insurance CA 24-May-2005
The appellants provided excess layer professional indemnity insurance cover on a claims made basis. Insurers complained that although the insured had become aware of possible sources of claims, he had not given notice to the insurer, and had thereby . .
Lists of cited by and citing cases may be incomplete.

Insurance, Personal Injury, Consumer

Updated: 31 October 2022; Ref: scu.179545

Herbert George Snell and others v Robert Young and Co Limited and others: CA 21 Nov 2002

The claimants had sought damages for poisoning from organophosphates used in sheep dipping. Evidence linking the injuries to the use of the chemicals had not been found, and the actions struck out as an abuse of process. The group litigation had been struck out but it was not agreed what had happened to the individual claims.
Held: In disposing of the group litigation proceedings and order, it did not make sense to allow the individual claims to proceed. That had not been contended for, and should not now be allowed.

Judges:

Lord Justice Buxton, Lord Justice Simon Brown Lord Justice Carnwath

Citations:

[2002] EWCA Civ 1644

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – A B and Others v John Wyeth and Brothers Ltd and Others CA 15-Dec-1993
Proceedings claiming damages for the prescription of benzodiazepine were set aside where the possible benefit to the Plaintiffs, even if they succeeded, was vastly outweighed by the costs to the Defendant of defending the action. The court may use a . .
Cited – Walkley v Precision Forgings Ltd HL 1979
The plaintiff tried to bring a second action in respect of an industrial injury claim outside the limitation period so as to overcome the likelihood that his first action, although timeous, would be dismissed for want of prosecution.
Held: He . .
Cited – 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 – Bristol-Myers Squibb Company v Baker Norton Pharmaceuticals Inc and Another CA 26-Apr-2001
The slip rule could not be used by the court to add second thoughts to a judgment, but could be used by the court to amend the judgment to give effect to the court’s original intention. In this case the effect of an appeal was to restart the running . .
Cited – Ankerl v Switzerland ECHR 23-Oct-1996
Hudoc Preliminary objection rejected (non-exhaustion); No violation of Art. 6-1; Not necessary to examine Art. 14+6-1
‘the Court’s task is to ascertain whether the proceedings in their entirety were ‘fair’ . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 31 October 2022; Ref: scu.178482

Coban v Aynur Allen F Barnes and Son (a Firm): CA 8 Oct 1996

The defendant resisted the plaintiff’s claim for personal injuries as out of time. His explanation for not pursuing inquiries with his solicitor was that he was an over-stayer who feared deportation.
Held: Having good reason to make such inquiries, it was reasonable for him to do so despite his immigration status.

Citations:

[1997] 8 Med LR 316, [1996] EWCA Civ 680

Links:

Bailii

Statutes:

Limitation Act 1980 14A(10)

Jurisdiction:

England and Wales

Citing:

Cited – Nash v Eli Lilly and Co CA 1993
The court considered whether a solicitor acting for a potential plaintiff was considered to be an expert for the purposes of the section.
Held: Purchas LJ said: ‘Of course as advice from a solicitor as to the legal consequences of the act or . .

Cited by:

Cited – Adams v Bracknell Forest Borough Council HL 17-Jun-2004
A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Limitation

Updated: 31 October 2022; Ref: scu.140547

Faulkner v Secretary of State for Business, Energy and Industrial Strategy: QBD 18 Feb 2020

The issues which fall to be determined between the parties in this case are:
(i) whether or not a defendant in proceedings to which the QOCS regime applies may, nevertheless, seek to set off against a costs order made in favour of the claimant a costs order which had previously been made in favour of the defendant; and
(ii) if so, whether the court can or should exercise its discretion in favour of such a claimant against allowing such a set off.

Judges:

Turner J

Citations:

[2020] EWHC 296 (QB), [2020] WLR(D) 98

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Personal Injury, Costs

Updated: 31 October 2022; Ref: scu.648903

Sandhar, Murray v Department of Transport, Environment and the Regions: QBD 19 Jan 2004

The claimant asserted a common law duty on the respondent to maintain a roadway free of frost.
Held: No such common law duty existed. Where parliament has conferred a discretionary power, ‘ . . the minimum preconditions for basing a duty of care upon the existence of a statutory power, if it can be done at all, are, first, that it would in the circumstances have been irrational not to have exercised the power, so that there was in effect a public law duty to act, and secondly, that there are exceptional grounds for holding that the policy of the statute requires compensation to be paid to persons who suffer loss because the power was not exercised.’ In the absence of a duty under section 41(1) of the 1980 Act, the respondent had power under section 62(2) to promote the scheme to prevent ice on highways. Section 62(2) provides for work for the improvement of the highway. There was no general common law duty on highway authorities to prevent the formation of ice on roads.

Judges:

Mr Justice Newman

Citations:

[2004] EWHC 28 (QB), Gazette 05-Feb-2004

Links:

Bailii

Statutes:

Highways Act 1980 41(1)

Jurisdiction:

England and Wales

Citing:

Appealed to – Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions CA 5-Nov-2004
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe.
Held: The respondent had not assumed a general responsibility to all road users . .
Cited – Stovin v Wise, Norfolk County Council (Third Party) HL 24-Jul-1996
Statutory Duty Does Not Create Common Law Duty
The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves . .
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 by:

Appeal from – Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions CA 5-Nov-2004
The claimant’s husband died when his car skidded on hoar frost. She claimed the respondent was liable under the Act and at common law for failing to keep it safe.
Held: The respondent had not assumed a general responsibility to all road users . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Personal Injury, Local Government

Updated: 31 October 2022; Ref: scu.192049

Sowden v Lodge: QBD 25 Mar 2003

Judges:

Mr Justice Andrew Smith

Citations:

[2003] EWHC 588 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Eagle (By Her Litigation Friend) v Chambers CA 29-Jul-2004
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to . .
Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 31 October 2022; Ref: scu.182150

Regina v Criminal Injuries Compensation Board Ex Parte Dickson: CA 19 Jul 1996

Criminal Injuries Compensation Board need not allow applicant to give evidence in person where there was a character issue.

Citations:

Times 19-Jul-1996

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Criminal Injuries Compensation Board Ex Parte Dickson QBD 20-Dec-1995
A disputed refusal of a claim by the board on the ground of the applicant’s character gave the right to an oral hearing. . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 31 October 2022; Ref: scu.86472

Smith and Others v Ministry of Defence: QBD 30 Jun 2011

Claims were made after the deaths of British troops on active service in Iraq. In one case the deaths were from detonations of improvised explosive devices, and on others as a result of friendly fire. It was said that there had been a foreseeable risk of the deaths. The defendant sought the strike out of the claims as without merit.
Held: The court was being asked as to the scope of the principle of combat immunity.

Judges:

Owen J

Citations:

[2011] EWHC 1676 (QB), [2011] HRLR 35

Links:

Bailii

Statutes:

European Convention on Human Rights 2

Jurisdiction:

England and Wales

Citing:

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 – Solutia UK Limited v Griffiths CA 26-Apr-2001
The court considered issues relating to the appropriateness of the claimants instructing London solicitors in a case in which those solicitors had submitted a bill of costs totalling pounds 220,000 in connection with a claim in which their clients . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Cited – Wragg and Another v Partco Group Ltd UGC Ltd CA 1-May-2002
A claim was made against directors of a company involved in a takeover, for failure to make proper disclosure. The case involved also other issues. The defendants appealed against a refusal to strike out the claim.
Held: The rules made . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Cited – Mulcahy v Ministry of Defence CA 21-Feb-1996
A soldier in the Artillery Regiment was serving in Saudi Arabia in the course of the Gulf war. He was injured when he was part of a team managing a Howitzer, which was firing live rounds into Iraq, and he was standing in front of the gun when it was . .
Cited – Secretary of State for Defence v Al-Skeini and others (The Redress Trust Intervening) HL 13-Jun-2007
Complaints were made as to the deaths of six Iraqi civilians which were the result of actions by a member or members of the British armed forces in Basra. One of them, Mr Baha Mousa, had died as a result of severe maltreatment in a prison occupied . .
Cited – Bankovic v Belgium ECHR 12-Dec-2001
(Grand Chamber) Air strikes were carried out by NATO forces against radio and television facilities in Belgrade on 23 April 1999. The claims of five of the applicants arose out of the deaths of relatives in this raid. The sixth claimed on his own . .
Cited – Wragg and Another v Partco Group Ltd UGC Ltd CA 1-May-2002
A claim was made against directors of a company involved in a takeover, for failure to make proper disclosure. The case involved also other issues. The defendants appealed against a refusal to strike out the claim.
Held: The rules made . .
Cited – Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department HL 17-Jun-2004
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious . .
Lists of cited by and citing cases may be incomplete.

Armed Forces, Personal Injury, Health and Safety

Updated: 27 October 2022; Ref: scu.441403

Davies v Global Strategies Group Hong Kong Ltd and Another: QBD 25 Sep 2009

The claimants alleged that the deceased had been shot while employed by the defendants working in Iraq. The defendants said that he had been an independent contractor for whom they did not have responsibility.

Judges:

Burnett J

Citations:

[2009] EWHC 2342 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Mulcahy v Ministry of Defence CA 21-Feb-1996
A soldier in the Artillery Regiment was serving in Saudi Arabia in the course of the Gulf war. He was injured when he was part of a team managing a Howitzer, which was firing live rounds into Iraq, and he was standing in front of the gun when it was . .
Cited – In the Estate of Knibbs, deceased. Flay v Trueman 1962
Wrangham J said: ‘As Salter J said in Beech’s case: ‘I think that, in order to constitute a will, the words used by the testator must be intended by him, at or after the time when he uses them, to be preserved or remembered so as to form the guide . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 27 October 2022; Ref: scu.375577

Dureau v Evans: CA 1996

The court considered the difficulty of quantifying damages in cases involving multiple injuries.
Kennedy LJ said: ‘Help is to be obtained from any source where it happens to be available. To a limited extent, in a case where there are multiple injuries, the figures in the Judicial Studies Board table can help but I accept Mr Murphy’s criticism of them that, where one has a multiplicity of injuries, it is necessary to take an overall view. The off setting process may mean it is not possible to derive a great deal of benefit from that particular source. One then looks to see if anything can be gained from looking at a comparable award, if one is to be found, in another case. Even that may not prove to be a particularly fruitful source of enquiry. It may be necessary, if it be possible, to select what may be the most serious head of injury to see if a comparable award can be found in relation to that and, if so, build on it to allow for the other heads of injury which have been sustained by the plaintiff in the instant case.’

Judges:

Kennedy LJ

Citations:

[1996] PIQR Q18

Jurisdiction:

England and Wales

Cited by:

Cited – Clarke v South Yorkshire Transport Ltd CA 19-Mar-1998
. .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 27 October 2022; Ref: scu.235352

Bici and Bici v Ministry of Defence: QBD 7 Apr 2004

Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car.
Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers would be liable in tort. In civil law a belief that a defendant was under threat had to be reasonable to avoid liability. Even so, soldiers were in a particularly difficult position. Soldiers owe the same duties as ordinary citizens, and the latter clearly owe a duty of care in the circumstances. No contributory negligence could be supported. The court applied English law when giving the judgment. Elias J: ‘In trespass, any unlawful interference with the bodily integrity of the claimant will not be unlawful if it is justified and it will be justified if the defendant can establish that the claimant’s conduct was such that the defendant reasonably apprehended that he would be imminently attacked and used reasonable force to protect himself.’

Judges:

Mr Justice Elias

Citations:

[2004] EWHC 786(QB), Times 11-Jun-2004

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Palmer v The Queen PC 23-Nov-1970
It is a defence in criminal law to a charge of assault if the defendant had an honest belief that he was going to be attacked and reacted with proportionate force: ‘If there has been an attack so that defence is reasonably necessary, it should be . .
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Cited – Attorney General for Northern Ireland’s Reference no 1 of 1975 HL 1975
Often a soldier has to act intuitively, and, in assessing his conduct and judging the action of the reasonable soldier, it is important to recognise that his action ‘is not undertaken in the calm analytical atmosphere of the court room after counsel . .
Cited – James v Campbell 1832
The defendant was involved in a fight at a parish dinner and it was suggested that he had hit the claimant by mistake, giving him two black eyes. The jury were that even on that premise he would be liable. . .
Cited – Ball v Axten 1866
A defendant who was aiming to hit a farmer’s dog and by mistake hit the farmer’s wife who was trying to protect it was liable in assault. . .
Cited – Page v Smith HL 12-May-1995
The plaintiff was driving his car when the defendant turned into his path. Both cars suffered considerable damage but the drivers escaped physical injury. The Plaintiff had a pre-existing chronic fatigue syndrome, which manifested itself from time . .
Cited – Livingstone v Ministry of Defence CANI 1984
The plaintiff was injured when a soldier fired a baton round after some soldiers were attacked by rioters. The round had been deliberately fired, but not to strike the plaintiff. The claim was in negligence and assault and battery. The trial judge . .
Cited – F v West Berkshire Health Authority HL 17-Jul-1990
The parties considered the propriety of a sterilisation of a woman who was, through mental incapacity, unable to give her consent.
Held: The appeal succeeded, and the operation would be lawful if the doctor considered it to be in the best . .
Cited – Letang v Cooper CA 15-Jun-1964
The plaintiff, injured in an accident, pleaded trespass to the person, which was not a breach of duty within the proviso to the section, in order to achieve the advantages of a six-year limitation period.
Held: Trespass is strictly speaking . .
Cited – Regina v Burstow, Regina v Ireland HL 24-Jul-1997
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . .
No part in current law – Wilkinson v Downton 8-May-1997
Thomas Wilkinson, the landlord of a public house, went off by train, leaving his wife Lavinia behind the bar. A customer of the pub, Downton played a practical joke on her. He told her, falsely, that her husband had been involved in an accident and . .
Cited – Regina v Savage; Director of Public Prosecutions v Parmenter HL 7-Nov-1991
The first defendant had been convicted of wounding. She had intended to throw beer over her victim, but her glass slipped from her hand, and cut the victim. The second defendant threw his three year old child in the air and caught him, not realising . .
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Cited – Mulcahy v Ministry of Defence CA 21-Feb-1996
A soldier in the Artillery Regiment was serving in Saudi Arabia in the course of the Gulf war. He was injured when he was part of a team managing a Howitzer, which was firing live rounds into Iraq, and he was standing in front of the gun when it was . .
Cited – Nissan v The Attorney General HL 11-Feb-1969
The plaintiff was a British subject with a hotel in Cyprus taken over by British troops on a peace-keeping mission. At first the men were there by agreement of the governments of Cyprus and the United Kingdom. Later they became part of a United . .
Cited – Burmah Oil Company (Burma Trading) Limited v Lord Advocate HL 21-Apr-1964
The General Officer Commanding during the war of 1939 to 1945 ordered the appellants oil installations near Rangoon to be destroyed. The Japanese were advancing and the Government wished to deny them the resources. It was done on the day before the . .
Cited – Shaw Savill and Albion Company Ltd v The Commonwealth 1940
(High Court of Australia) The plaintiff owned a ship ‘The Coptic’ which was in a collision with His Majesties Australian Ship ‘Adelaide’. The plaintiff alleged that the collision resulted from the negligence of the defendant’s officers, saying the . .
Cited – Hughes v National Union of Mineworkers QBD 1991
The court struck out as disclosing no cause of action a claim by a police officer who was injured while policing the miners’ strike and who alleged that the police officer in charge had deployed his men negligently.
Held: The officer in charge . .
Cited – Bell, Multiple claimants v Ministry of Defence (1) and (2) QBD 21-May-2003
The claimants sought damages for psychiatric injury for stress and anxiety in being engaged on the behalf of the respondent in the course of combat.
Held: The defendant had no duty to maintain a safe system of work for military personnel . .

Cited by:

Cited – Al-Jedda v Secretary of State for Defence CA 29-Mar-2006
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned.
Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights . .
Cited – Ashley and Another v Sussex Police CA 27-Jul-2006
The deceased was shot by police officers raiding his flat in 1998. The claimants sought damages for his estate. They had succeeded in claiming damages for false imprisonment, but now appealed dismissal of their claim for damages for assault and . .
Cited – Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) SC 30-Jun-2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2.
Lists of cited by and citing cases may be incomplete.

Personal Injury, Armed Forces

Updated: 27 October 2022; Ref: scu.195488

Longdon v British Coal Corporation: CA 9 Mar 1995

A pension paid on incapacity as an alternative to retirement was not deductible from damages payable later for negligence. There was no double recovery.

Citations:

Times 14-Apr-1995, Gazette 12-Apr-1995

Jurisdiction:

England and Wales

Employment, Personal Injury, Damages, Benefits

Updated: 27 October 2022; Ref: scu.83185

Sion v Hampstead Heath Authority: CA 1994

A young man was injured in a motor-cycle accident and was taken to the defendant’s hospital. His father attended to him at his bedside for fourteen days, watching him deteriorate in health, fall into a coma and die. The father alleged that the staff of the hospital was negligent and that he suffered psychiatric illness. The father’s claim was struck out as disclosing no cause of action.
Held: The father’s appeal failed. The court must aply the law as it stood.
Staughton LJ said: ‘this court must in my judgment accept the state of the law as declared by the House of Lords, even in a striking-out application. It would not be right for us to impose on the parties the burden of a trial which can only have one conclusion on the present law, against the possibility that this may prove to be a case where the law is changed.’

Judges:

Staughton LJ

Citations:

[1994] 5 Med LR 170, [1994] MLR 170

Statutes:

Environmental Protection Act 1990 80

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay CA 30-Jul-1997
The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business.
Held: The . .
Cited – Liverpool Women’s Hospital NHS Foundation Trust v Ronayne CA 17-Jun-2015
The respondent was an experienced ambulance driver. His wife underwent emergency treatment at the appellant’s hospital. He had claimed as a secondary victim for the distress he suffered witnessing her suffering.
Held: The hospital’s appeal . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Personal Injury

Updated: 27 October 2022; Ref: scu.225321

Khan v Armaguard Ltd: CA 23 Feb 1994

The plaintiff had been injured when, as a passenger in his employer’s security van, it turned over as it left the motorway. Liability was not disputed but the defendants alleged that the plaintiff was malingering and said that they had video evidence to support this claim. The defendants now now appealed against an order for the disclosure of the film.
Held: The appeal failed: ‘The ‘cards on the table’ approach which now operates in my view requires that it should be very rare indeed in a personal injury case for an order for non-disclosure of a video film to be made. ‘

Judges:

Sir Thomas Bingham MR, Steyn, Rose LJJ

Citations:

[1994] EWCA Civ 19, [1994] PIQR 286, [1994] 3 All ER 545, [1994] 1 WLR 1204

Links:

Bailii

Statutes:

Order 38 R 5

Jurisdiction:

England and Wales

Citing:

Superceded – McGuiness v Kellogg Co of Great Britain Ltd CA 1988
The plaintiff sought damages for personal injuries. The defendants had refused to disclose the evidene they wished to bring to establish that he hwas not as severely injured as he had claimed.
Held: The plaintiff’s appeal against refusal of an . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Litigation Practice

Updated: 27 October 2022; Ref: scu.263219

Gerrard v Staffordshire Potteries Ltd: CA 2 Nov 1994

The plaintiff was injured when working for the defendants spraying glaze onto jars. A small foreign body was blown into her eye. She said that no eye protection had been suuplied as required by the regulations.
Held: The plaintiff’s appeal succeeded: ‘this was an operation which, when one looks at it in the round, carried with it a reasonably foreseeable risk of injury. One has only to imagine the comment of any eye surgeon if asked to watch this Plaintiff at work and asked to watch her putting her head into the booth in order to apply the glaze to the inside of the jar and then removing her head with perhaps some of the glaze adhering to her hair and complaining, as she did at times, of a gritty sensation in her eyes. ‘

Citations:

[1994] EWCA Civ 31, [1995] PIQR 169, [1995] ICR 502

Links:

Bailii

Statutes:

Factories Act 1961 29(1), Pottery (Health and Welfare) Special Regulations 1950, Protection of Eyes Regulations 1974

Jurisdiction:

England and Wales

Citing:

Cited – Bolton v Stone HL 10-May-1951
The plaintiff was injured by a prodigious and unprecedented hit of a cricket ball over a distance of 100 yards. He claimed damages in negligence.
Held: When looking at the duty of care the court should ask whether the risk was not so remote . .
Cited – Edwards (Inspector of Taxes) v Bairstow HL 25-Jul-1955
The House was asked whether a particular transaction was ‘an adventure in the nature of trade’.
Held: Although the House accepted that this was ‘an inference of fact’, on the primary facts as found by the Commissioners ‘the true and only . .
Cited – Hughes v Lord Advocate HL 21-Feb-1963
The defendants had left a manhole uncovered and protected only by a tent and paraffin lamp. A child climbed down the hole. When he came out he kicked over one of the lamps. It fell into the hole and caused an explosion. The child was burned. The . .
Cited – Hughes v Lord Advocate HL 21-Feb-1963
The defendants had left a manhole uncovered and protected only by a tent and paraffin lamp. A child climbed down the hole. When he came out he kicked over one of the lamps. It fell into the hole and caused an explosion. The child was burned. The . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Health and Safety

Updated: 27 October 2022; Ref: scu.263240

Topp v London Country Bus (South West) Ltd: CA 22 Feb 1993

A Bus Company had no duty of care to a victim of an accident caused by a thief who had stolen their bus. Company is not liable in negligence for having left bus with key in it to victim of thief’s driving.

Citations:

Gazette 12-May-1993, Ind Summary 22-Feb-1993

Jurisdiction:

England and Wales

Negligence, Personal Injury, Transport

Updated: 26 October 2022; Ref: scu.89916

Regina v Home Secretary and Criminal Injuries Compensation Board Ex Parte P and Another: CA 12 May 1994

The exclusion from claiming under the scheme, of victims within the same household, including sex abuse victims was not clearly unreasonable. The fact that the scheme was provided under the Crown prerogative did not exclude it from judicial review.

Citations:

Independent 12-May-1994, [1995] 1 WLR 845

Jurisdiction:

England and Wales

Citing:

Appeal from – Regina v Criminal Injuries Compensation Board Ex Parte P QBD 29-Apr-1993
A claim under the scheme is to be understood as a privilege and rules excluding some claims not perverse. . .

Cited by:

Cited – In re McFarland HL 29-Apr-2004
The claimant was convicted, imprisoned, and then his conviction was overturned. He sought compensation. He had pleaded guilty after being told by counsel to expect an adverse direction from the magistrate, following a meeting in private between . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Administrative

Updated: 26 October 2022; Ref: scu.86876

Hunt v Severs: CA 13 May 1993

The plaintiff was injured by the negligence of the defendant. The defendant provided gratuitous nursing care and other assistance to the plaintiff. They married each other.
Held: Where the Plaintiff was voluntarily cared for by the Tortfeasor, she may still eligible for damages for the amount that care would have cost her, had she had to buy it: ‘Where services are voluntarily rendered by a tortfeasor in caring for the plaintiff from motives of affection or duty they should in our opinion be regarded as in the same category as services rendered voluntarily by a third party, or charitable gifts, or insurance payments. They are adventitious benefits, which for policy reasons are not to be regarded as diminishing the plaintiff’s loss. On the facts of the present case the judge’s decision was not in our view contrary to principle or authority and it was fortified by what we regard as compelling considerations of public policy. We consider that he reached the right conclusion and would accordingly dismiss the defendant’s appeal.’

Judges:

Sir Thomas Bingham MR

Citations:

Independent 13-May-1993, Times 13-May-1993

Jurisdiction:

England and Wales

Citing:

Appealed to – Hunt v Severs HL 7-Sep-1994
The tortfeasor, a member of the claimant’s family provided her with voluntary nursing care after the injury. The equivalent cost of that care, was recoverable, but would be held on trust for the carer. The underlying rationale of English Law is to . .

Cited by:

Cited – ATH and another (Executors of the Estate of M, decd) v MS CA 11-Jun-2002
The claimants were the children of the deceased, seeking damages following the death of their mother. At the time of the death they were not living with their father but moved to live with him after the death. They claimed damages for the services . .
Appeal from – Hunt v Severs HL 7-Sep-1994
The tortfeasor, a member of the claimant’s family provided her with voluntary nursing care after the injury. The equivalent cost of that care, was recoverable, but would be held on trust for the carer. The underlying rationale of English Law is to . .
Cited – Pirelli General Plc and others v Gaca CA 26-Mar-2004
The claimant was awarded damages from his employers, who claimed that the benefits received by the claimant from an insurance policy to which the defendants had contributed should be set off against the claim.
Held: McCamley was no longer good . .
Lists of cited by and citing cases may be incomplete.

Damages, Personal Injury

Updated: 26 October 2022; Ref: scu.81536

Smith v London Borough of Haringey: QBD 18 Mar 2021

The Claimant seeks damages for personal injury arising from a workplace incident when the Claimant was assaulted by a service user with learning difficulties in a facility operated by the Defendant. Liability has now been agreed on the basis that the Claimant will receive 75% of damages to which she is entitled. This is the assessment of damages hearing.

Judges:

Cook M

Citations:

[2021] EWHC 615 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Damages

Updated: 26 October 2022; Ref: scu.660819

SKX v Manchester City Council: QBD 31 Mar 2021

The claimant, SKX, sought damages against the defendant for personal injuries arising from childhood sexual abuse. The abuse was carried out in 1989 by the Chief Executive of the privately-run children’s home to which the claimant had been sent at the age of 15, whilst in the defendant’s care.

Judges:

Mr Justice Cavanagh

Citations:

[2021] EWHC 782 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Vicarious Liability

Updated: 25 October 2022; Ref: scu.660818

Brett v University of Reading: CA 14 Feb 2007

The deceased’s personal representative sought damages after the death from mesothelioma after working for the defendant for many years.

Judges:

Laws LJ, Sedley LJ, Maurice Kay LJ

Citations:

[2007] EWCA Civ 88

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Barker v Corus (UK) Plc HL 3-May-2006
The claimants sought damages after contracting meselothemia working for the defendants. The defendants argued that the claimants had possibly contracted the disease at any one or more different places. The Fairchild case set up an exception to the . .
Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL 20-Jun-2002
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the . .

Cited by:

Cited – Rolls Royce Industrial Power (India) Ltd v Cox CA 22-Nov-2007
The claimant was the widow of a man who died from mesothelioma after alleged asbestos contamination working for the appellant. The defendant appealed on liability saying that there was insufficient evidence of causation since there was little to . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Health and Safety

Updated: 24 October 2022; Ref: scu.248804

Mcallister v Campbell: QBNI 18 Feb 2014

The court was asked to apportion responsibility for personal injuries suffered in a road traffic collision between the claimant cyclist and defendant car driver. The issue concerned the credibility of the witnesses. The defendant said that the cyclist simply drove into the back of his car just after it stopped. The claimant said that it had simply stopped without regard for his presence.
Held: The defendant’s evidence was inconsistent with the finding that the car moved forward during the crash and otherwise. The cyclist should have maintained a better lookout, and was liable to 25%. Damages accordingly.

Judges:

Stephens J

Citations:

[2014] NIQB 24

Links:

Bailii

Jurisdiction:

Northern Ireland

Negligence, Personal Injury

Updated: 24 October 2022; Ref: scu.526627

Barrow v Cosignia Plc: CA 18 Feb 2003

‘While the case demonstrates confusion about principles, both of pleading and of the law of causation, it raises no issue of general, or indeed any, interest other than to the parties, and I hope that no-one will bother to report it. ‘

Judges:

Lord Phillips MR

Citations:

[2003] EWCA Civ 249

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Damages

Updated: 23 October 2022; Ref: scu.181119

Ghaith v Indesit Company UK Ltd: CA 17 May 2012

The claimant suffered a back injury lifting materials from a van during a stock take.
Held: The court considered the issue of causation under the Regulations. Longmore LJ said: ‘This is not a separate hurdle for the employee, granted that the onus is on the employer to prove that he took appropriate steps to reduce the risk to the lowest level practicable. If the employer does not do that, he will usually be liable without more ado It is possible to imagine a case when an employer could show that, even if he had taken all practicable steps to reduce the injury (though he had not done so), the injury would still have occurred e.g. If the injury was caused by a freak accident or some such thing: but the onus of so proving must be on the employer to show that that was the case, not on the employee to prove the negative proposition that, if all possible precautions had been taken, he would not have suffered any injury.’

Judges:

Ward, Longmore, Patten LJJ

Citations:

[2012] EWCA Civ 642, [2012] ICR D 34

Links:

Bailii

Statutes:

Manual Handling Operations Regulations 1992$

Jurisdiction:

England and Wales

Cited by:

Cited – Hampshire Police v Taylor CA 9-May-2013
The officer had been cut by glass when clearing out a cannabis factory. The risk assessment had identified only a need for latex gloves. She said that given the environment heavier garden gloves should have been provided. The Chief Constable . .
Cited – Sloan v The Governors of Rastrick High School CA 29-Jul-2014
The claimant appealed against dismissal of her claim for personal injuries. She was employed as a teaching assistant providing support for children with mobility issues. She said that she suffered a soft tissue injury in her cervical spine and in . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 22 October 2022; Ref: scu.457818

Rehill v Rider Holdings Ltd: CA 16 May 2012

The claimant had been injured, being hit by the defendant’s bus.

Judges:

Ward, Richards, Patten LJJ

Citations:

[2012] EWCA Civ 628

Links:

Bailii

Statutes:

Law Reform (Contributory Negligence) Act 1945 1(1)

Jurisdiction:

England and Wales

Citing:

Adopted – Eagle v Chambers CA 24-Jul-2003
The claimant was severely injured when run down by the defendant driving his car. She was in Blackpool, and drunk and wandering in the highway. The defendant was himself at or near the drink driving limit. She appealed against a finding that she was . .

Cited by:

Cited – Ayres v Odedra QBD 18-Jan-2013
The claimant sought damages for serious personal injury, saying that the defendant had deliberately or recklessly driven at him as a pedestrian, knocking him over. The defendant had been tried and acquitted of motoring offences. He said that the . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence, Road Traffic

Updated: 22 October 2022; Ref: scu.457754

MM v Newlands School and Another: CA 24 Jan 2007

The clamant sought damages after being injured in a clash in a rugby match. The match was for under 15s, but the other boy was 15.

Judges:

Lord Justice Waller Lord Justice Rix Lord Justice Hooper Vice-President of the Court of Appeal, Civil Division

Citations:

[2007] EWCA Civ 21

Links:

Bailii

Jurisdiction:

England and Wales

Negligence, Personal Injury

Updated: 22 October 2022; Ref: scu.248319

Cant v Fife Coal Co Ltd: HL 3 Dec 1920

The employers of a workman who had sustained an injury to the thumb of his right hand, and who was in receipt of compensation, sought to have the compensation ended on the ground that the workman’s incapacity was due, not to the injury which he had sustained, but to his unreasonable refusal to submit to surgical treatment. The medical evidence led by the employers was to the effect that if the workman underwent certain operations which were recommended by their doctors, the first of which involved the amputation of the top of the thumb, and the second (which was recommended by a specialist) was an operation of a different kind, the condition of his hand would be materially improved. The workman’s medical adviser, whom he had consulted in reference to both proposals, was clearly of opinion that neither of the operations proposed would have the effect predicted. Held ( affirming the judgment of the First Division) that in the circumstances stated there was evidence which justified the finding of the arbiter that the employers had failed to prove that the workman’s incapacity was due to unreasonable refusal to undergo surgical treatment.

Judges:

Lord Chancellor, Viscount Finlay, Lord Dunedin, Lord Atkinson, and Lord Shaw

Citations:

[1920] UKHL 74, 58 SLR 74

Links:

Bailii

Jurisdiction:

Scotland

Employment, Personal Injury

Updated: 22 October 2022; Ref: scu.631548

Corsar v Archibald Russell Ltd: HL 17 Dec 1920

A workman on 21st April 1919 sustained injuries to his eyes and was admitted to hospital. On 9th June 1919 his right eye was removed. On 3rd July 1919 the certifying surgeon granted a certificate in which he stated that the workman was then suffering from ulceration of the corneal surface of the eye. He further stated in the certificate as a leading symptom of the disease that the workman had lost his eye as the result of corneal ulceration. An appeal to the medical referee was on 15th July 1919 dismissed by him on the ground that as the injured eye had been removed he could not say for what purpose the enucleation was performed. The arbiter, holding that the certificate was self-contradictory, and not such a certificate as was required by section 8 (1) of the Workmen’s Compensation Act 1906, refused compensation. Held ( affirming the judgment of the First Division, diss. Lord Cullen) that the certificate was valid for the purpose of entitling the workman to compensation under section 8, sub-section (1), of the Act.

Judges:

Lord Chancellor, Viscount Finlay, Lord Dunedin, Lord Atkinson, and Lord Shaw

Citations:

[1920] UKHL 80, 58 SLR 70

Links:

Bailii

Jurisdiction:

Scotland

Personal Injury, Employment

Updated: 22 October 2022; Ref: scu.631549

William Baird and Co Ltd v M’Graw: HL 22 Jun 1920

A boy, a coal picker, went one day to the pit, not for the purpose of working, but to recover his wages for work previously done. He acted as he had previously done, and while waiting at a place where the workers were accustomed to go, for the man from whom he would get his pay slip, he received injury by accident. Held (sus. decision of the First Division) that on the facts stated the injury was ‘arising out of and in the course of the employment.’

Judges:

Viscount Haldane, Viscount Finlay, Viscount Cave, Lord Dunedin, and Lord Shaw

Citations:

[1920] UKHL 491, 57 SLR 491

Links:

Bailii

Jurisdiction:

Scotland

Personal Injury, Employment

Updated: 22 October 2022; Ref: scu.631537

Massey-Harris-Ferguson (Manufacturing) Ltd v Piper: QBD 1956

‘persons employed’ where that expression was used in section 60 of the 1937 Act included not only servants of the occupier, but any other person who might be called on to do work in the factory, including a painter employed by an independent contractor.
Lord Goddard CJ said, ‘The test is whether a person is employed in the factory, not whether he is employed by the occupier.’

Citations:

[1956] 2 QB 396, [1956] 2 All ER 722, [1956] 3 WLR 271

Jurisdiction:

England and Wales

Cited by:

Approved – Canadian Pacific Steamships Ltd v Bryers HL 1957
A regular member of a ship’s crew was injured when the ship was in dry dock. The Court of Appeal had held that the Regulations applied even though he was not emplyed by the appellant company.
Held: Affirmed. The power contained in section 79 . .
Cited – McDonald v National Grid Electricity Transmission Plc SC 22-Oct-2014
Contact visiting plants supported asbestos claim
The deceased had worked as a lorry driver regularly collecting pulverized fuel ash from a power station. On his visits he was at areas with asbestos dust. He came to die from mesothelioma. His widow now pursued his claim that the respondent had . .
Lists of cited by and citing cases may be incomplete.

Health and Safety, Personal Injury

Updated: 22 October 2022; Ref: scu.538246

Brookes v South Yorkshire Passenger Transport Executive and Another: CA 28 Apr 2005

Vibration tool injury.

Citations:

[2005] EWCA Civ 452

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 . .

Cited by:

Cited – Baker v Quantum Clothing Group Ltd and Others SC 13-Apr-2011
The court was asked as to the liability of employers in the knitting industry for hearing losses suffered by employees before the 1989 Regulations came into effect. The claimant had worked in a factory between 1971 and 2001, sustaining noise induced . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Health and Safety

Updated: 21 October 2022; Ref: scu.224474

Young v Charles Church (Southern) Ltd: CA 24 Apr 1997

Presence within the range of foreseeable physical injury is a necessary attribute of a primary victim.

Citations:

[1997] EWCA Civ 1523

Jurisdiction:

England and Wales

Cited by:

Cited – Donachie v The Chief Constable of the Greater Manchester Police CA 7-Apr-2004
The claimant had been asked to work under cover. The surveillance equipment he was asked to use was faulty, requiring him to put himself at risk repeatedly to maintain it resulting in a stress disorder and a stroke.
Held: There was a direct . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 21 October 2022; Ref: scu.141919

Employers’ Liability Policy ‘Trigger’ Litigation; Durham v BAI (Run off) Ltd etc: QBD 21 Nov 2008

The court heard six claims against companies restored to the register of companies to make claims under their insurance policies for personal injury in the form of death from mesothelioma from asbestos, and particularly whether liability could be found under the 1930 Act. The insurers maintained that any liability arose at the time of the exposure to the asbestos, and that therefore the limitation periods had long expired. The companies and personal representatives of the employees said that liability arose only as symptoms began to appear, and that the special exception to the normal rules as to liability in negligence estabished in Fairchild, should not apply when deciding whether any causative act for which they may be responsible occurred in a particular policy year.
Held: The claims against the insurance companies failed; the relevant insurances all responded on an exposure basis. Each of the policies should be interpreted as having a ‘causation wording’, and the liability ‘trigger’ under the Employer’s Liability policy was when the employee inhaled the asbestos and not the date when the malignant lesion developed.

Judges:

Burton J

Citations:

[2008] EWHC 2692 (QB), [2009] 2 All ER 26, [2009] 1 All ER (Comm) 805, [2009] Lloyd’s Rep IR 295

Links:

Bailii

Statutes:

Third Party (Rights against Insurers) Act 1930, Employers’ Liability (Compulsory Insurance) Act 1969

Jurisdiction:

England and Wales

Citing:

Cited – Fairchild v Glenhaven Funeral Services Ltd and Others HL 20-Jun-2002
The claimants suffered mesothelioma after contact with asbestos while at work. Their employers pointed to several employments which might have given rise to the condition, saying it could not be clear which particular employment gave rise to the . .

Cited by:

Appeal from – Employers’ Liability Insurance ‘Trigger’ Litigation, Re CA 8-Oct-2010
Companies restored to the register, and the personal representatives of former employees, appealed against rejection of their claims from the insurers of the former companies for damages from mesothelioma following exposure to asbestos during . .
At first instance – Employers’ Liability Insurance ‘Trigger’ Litigation: BAI (Run Off) Ltd v Durham and Others SC 28-Mar-2012
The court considered the liability of insurers of companies now wound up for mesothelioma injuries suffered by former employees of those companies, and in particular whether the 1930 Act could be used to impose liability. The insurers now appealed . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Company, Limitation

Updated: 21 October 2022; Ref: scu.278222

Rugby Joinery UK Ltd v Whitfield: CA 10 May 2005

The defendant appealed an award of damages for a ‘vibration white finger’ injury.
Held: The the appeal was dismissed, but the court took the opportunity to advise parties to such actions to look to a settlement once it was clear that symptoms had been seen.

Judges:

Neuberger LJ

Citations:

[2005] EWCA Civ 561, Times 31-May-2005

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury

Updated: 20 October 2022; Ref: scu.224791

Fair v London and North Western Rly Co: QBD 1869

In actions for personal injuries, the court is constantly required to form an estimate of chances and risks which cannot be determined with anything like precision; for example, the possibility that the injury will improve, or deteriorate, or the possibility of improved earnings if the accident had not occurred.
The necessity that the damages should be full and adequate was stressed, though perfect compensation for injuries suffered is not possible.

Citations:

21 LT 326, (1869) 18 WR 66

Jurisdiction:

England and Wales

Cited by:

Cited – 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.

Personal Injury, Damages

Updated: 20 October 2022; Ref: scu.660783

Gregg v Scott: CA 29 Oct 2002

The claimant sought damages. He had a lymphoma, but despite his seeking medical assistance, it was not diagnosed early, and his life expectancy was diminished.
Held: In order to claim damages for a reduced life expectancy, the claimant had to show that the negligence contributed to the loss. Here, the claimant’s disease had a poor prognosis in any event, and he had not been able to show that any actual damage had been caused. The case fell squarely within Hotson, and the claim failed.

Judges:

Simon Brown, Mance, Latham LLJ

Citations:

Times 04-Nov-2002, Gazette 12-Dec-2002, Gazette 19-Dec-2002, [2002] EWCA Civ 1471

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Hotson v East Berkshire Health Authority HL 2-Jul-1988
The claimant (then 13) fell twelve feet in climbing a tree and sustained an acute traumatic fracture of the left femoral epiphysis. At hospital, his injury was not correctly diagnosed or treated for five days, and he went on to suffer a vascular . .
Appealed to – Gregg v Scott HL 27-Jan-2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for . .

Cited by:

Cited – Coudert Brothers v Normans Bay Limited (Formerly Illingworth, Morris Limited) CA 27-Feb-2004
The respondent had lost its investment in a Russian development, and the appellants challenged a finding that they had been negligent in their advice with regard to the offer documents.
Held: As to the basis of calculation of damages as to a . .
Appeal from – Gregg v Scott HL 27-Jan-2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for . .
Lists of cited by and citing cases may be incomplete.

Damages, Professional Negligence, Personal Injury

Updated: 17 October 2022; Ref: scu.177848

Brown and Another v Fenwick: CA 16 Jul 2001

Application for permission to appeal.

Citations:

[2001] EWCA Civ 1146

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Brown and Brown v Fenwick CA 4-Oct-2001
Renewed application for leave to appeal: ‘Quite how securely the door to the Court of Appeal should be shut by narrowly confining CPR 52.13(2)(a) to new points or principle, and precisely what the interrelationship is between (2)(a) and (2)(b), are . .

Cited by:

See Also – Brown and Brown v Fenwick CA 4-Oct-2001
Renewed application for leave to appeal: ‘Quite how securely the door to the Court of Appeal should be shut by narrowly confining CPR 52.13(2)(a) to new points or principle, and precisely what the interrelationship is between (2)(a) and (2)(b), are . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 13 October 2022; Ref: scu.218293