Category: Personal Injury

Moore, Regina (on The Application of) v Skipton Fund Ltd and Secretary of State for Health: Admn 1 Dec 2010

The claimant had contracted Hepatitis C after receiving a blood transfusion. She now challenged as unlawful the ex gratia scheme of compensation set up by the second respondent.

Judges:

Kenneth Parker J

Citations:

[2010] EWHC 3070 (Admin), [2011] Med LR 165, (2011) 117 BMLR 185

Links:

Bailii

Jurisdiction:

England and Wales

Health Professions, Personal Injury

Updated: 28 August 2022; Ref: scu.427021

Ministry of Defence v AB and Others: CA 22 Nov 2010

The claimants had been obliged as servicemen to witness atmospheric tests of thermonuclear explosions and now said that they had later suffered adverse health consequences over many years.

Judges:

Smith, Leveson LJJ, Sir Mark Waller

Citations:

[2010] EWCA Civ 1317, (2011) 117 BMLR 101

Links:

Bailii

Jurisdiction:

England and Wales

Armed Forces, Personal Injury

Updated: 27 August 2022; Ref: scu.426447

Martin v Kaisary and Another: QBD 5 Apr 2005

Judges:

Hodge J

Citations:

[2005] EWHC 531 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Martin v Kaisary and Another (1) CA 16-Mar-2005
Substitution of other party after limitation period expiry. The court considered the Law Committee’s recommendations on limitation and noted the intention to allow the addition of defendants out of time where this might validate a claim. . .
Lists of cited by and citing cases may be incomplete.

Professional Negligence, Personal Injury

Updated: 26 August 2022; Ref: scu.224553

Aktas v Adepta: CA 22 Oct 2010

The court was asked whether, when a claim was issued towards the very end of a limitation period, but was then not served, and the claim was struck out, CPR Part 7.5(1) gave a further four months in which it could be resurrected at the discretion of a judge under section 33 of the 1980 Act. Parties now appealed in cases where such an assertion had been rejected.
Rix LJ said: ‘Moreover, it should not be forgotten that one of the great virtues of the CPR is that, by providing more flexible remedies for breaches of rules as well as a stricter regulatory environment, the courts are given the powers and the opportunities to make the sanction fit the breach. That is the teaching of one of the most important early decisions on the CPR to be found in Biguzzi v Rank Leisure plc.’

Judges:

Rix, Longmore, Aikens LJJ

Citations:

[2010] EWCA Civ 1170, [2011] QB 894

Links:

Bailii

Statutes:

Limitation Act 1980 33

Jurisdiction:

England and Wales

Citing:

Cited – Firman v Ellis CA 1978
Writs had been issued within the limitation period, but then allowed to lapse.
Held: Section 2D gave a wide discretion to the court which was not limited to a residual class of case or to exceptional cases.
Ormrod LJ said: ‘The appellants . .
Cited – 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 – Hoddinott and others v Persimmon Homes (Wessex) Ltd CA 21-Nov-2007
The claimant had issued proceedings and the defendant filed an acknowledgement, and then argued that the court had no jurisdiction. The claimant appealed against an order declining jurisdiction.
Held: Where a party filed an acknowledgement, . .
Cited – Horton v Sadler and Another HL 14-Jun-2006
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of . .
Cited – Hashtroodi v Hancock CA 27-May-2004
The claimant had issued proceedings in time, but then the limitation period expired before it was served, and in the meantime the limitation period had expired. The defendant appealed against an automatic extension of time for service granted to the . .
Cited – Godwin v Swindon Borough Council CA 10-Oct-2001
The claimant appealed against an order striking out his claim for personal injuries. The claim had been issued in time, but not served. An extension of time was granted, and the notice sent by first class post the day before that period expired. The . .
Cited – Vinos v Marks and Spencer plc CA 2001
The appellant claimed personal injuries. His solicitors issued a claim form within the limitation period, but only served it after the expiry of the four month period after the date of issue within which CPR 7.5 stipulated that the claim had to be . .

Cited by:

Cited – Fairclough Homes Ltd v Summers SC 27-Jun-2012
The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against . .
Lists of cited by and citing cases may be incomplete.

Limitation, Civil Procedure Rules, Personal Injury

Updated: 25 August 2022; Ref: scu.425467

Threlfall v Hull City Council: CA 20 Oct 2010

The claimant appealed against rejection of his claim for personal injuries. He had been employed cleaning streets and when his hand was badly cut, complained that he should have had protective gloves.
Held: For equipment to be suitable, it must be effective.
Smith LJ said: ‘If a residual risk exists, the regulation is engaged, provided that the risk of occurrence is not so slight as to be de minimis or the nature of the harm so trivial that it should properly be ignored.’

Judges:

Ward, Smith, Jackson LJJ

Citations:

[2010] EWCA Civ 1147, [2011] ICR 209

Links:

Bailii

Statutes:

Personal Protective Equipment at Work 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 . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Health and Safety

Updated: 25 August 2022; Ref: scu.425355

The Montreal Street Railway Company and Another v Roch Normandin: PC 23 Jan 1917

(Quebec)

Citations:

[1917] UKPC 2

Links:

Bailii

Cited by:

Cited – TTM v London Borough of Hackney and Others CA 14-Jan-2011
The claimant had been found to have been wrongfully detained under section 3. He appealed against rejection of his claim for judicial review and for damages. The court found that his detention was lawful until declared otherwise. He argued that the . .
Cited – Director of Public Prosecutions of the Virgin Islands v Penn PC 8-May-2008
(British Virgin Islands) The Board considered a case about a failure to comply with the statutory provisions for the empanelling of jurors to try a criminal case. Lord Mance said: ‘The modern tendency is no longer to seek to identify or distinguish . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Personal Injury

Updated: 24 August 2022; Ref: scu.423498

Horsley v Cascade Insulation Services Ltd and Others: QBD 18 Nov 2009

The claimant sought damages after contracting asbestosis through employment exposure with the defendants.

Judges:

Eady J

Citations:

[2009] EWHC 2945 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Holtby v Brigham and Cowan (Hull) Ltd CA 6-Apr-2000
A claimant who sought damages for injuries suffered by the ingestion of asbestos whilst working for one employer, but had also worked for other periods for other employers where similar activities had been involved, had the onus in the claim to . .
Cited – Cowan v Kitson Insulations Ltd 1992
The plaintiff sought damages after work related exposure to asbestos. Though asbestosis had not yet occurred, he had developed calcified pleural plaques which indicated a risk of the disease.
Held: He was entitled to choose to take a final . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 24 August 2022; Ref: scu.380264

XA v YA: QBD 30 Jul 2010

Claim by a 32 year old man against his mother for damages for personal injury. He claims that during his childhood his mother:-
i) assaulted him;
ii) was responsible jointly with his father for assaults upon him by his father;
iii) negligently failed to protect him from his father.
As a result he suffered physical injury and long term psychiatric damage. In addition to general and special damages he seeks aggravated damages.

Judges:

Thirlwall DBE J

Citations:

[2010] EWHC 1983 (QB), [2011] PIQR P1

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury

Updated: 22 August 2022; Ref: scu.421376

Montgomery v Lanarkshire Health Board: SCS 30 Jul 2010

Outer House – The pursuer sought damages for personal injuries to her son at his birth, alleging negligence by the medical staff at the defender hospital. She said that she had been advised a cesarian birth for her child, but the doctors had not explained the risks.
Held: The claim was rejected. Lord Bannatyne, rejected both grounds of fault, as to the absence advice and negligence in the mamagement of the birth itself. He based his decision primarily on expert evidence of medical practice, following the approach laid down by the majority in Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital [1985] AC 871. However, even if Mrs Montgomery had been given advice about the risk of serious harm to her baby as a consequence of shoulder dystocia, it would have made no difference in any event, since she would not have elected to have her baby delivered by caesarean section.

Judges:

Lord Bannatyne

Citations:

[2010] ScotCS CSOH – 104

Links:

Bailii

Jurisdiction:

Scotland

Citing:

Applied – Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital HL 21-Feb-1985
Explanation of Medical Risks essential
The plaintiff alleged negligence in the failure by a surgeon to disclose or explain to her the risks inherent in the operation which he had advised.
Held: The appeal failed. A mentally competent patient has an absolute right to refuse to . .

Cited by:

Appeal from – NM v Lanarkshire Health Board SCS 23-Jan-2013
Inner House – The pursuer and reclaimer sought reparation for son after grave injury sustained at his birth in a maternity hospital run by the defenders and respondents. She attributes that injury to negligence in a consultant obstetrician. . .
At Outer House – Montgomery v Lanarkshire Health Board SC 11-Mar-2015
Change in Doctors’ Information Obligations
The pursuer claimed that her obstetrician had been negligent, after her son suffered severe injury at birth. The baby faced a birth with shoulder dystocia – the inability of the shoulders to pass through the pelvis. The consultant considered that a . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Professional Negligence

Updated: 22 August 2022; Ref: scu.421287

Bacon v Nacional Suiza Cia Seguros Y Reseguros Sa: QBD 30 Jul 2010

The claimant was injured in a road traffic accident in Spain, and sought to claim here.

Judges:

Tomlinson J

Citations:

[2010] EWHC 2017 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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 . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 22 August 2022; Ref: scu.421251

Home Office v Butchart: CA 15 Mar 2006

The claimant prisoner said theat the prison had been negligent in that knowing of his own psychiatric vulnerability, he had been placed in a cell with another priosner who committed suicide, the shock of which caused the claimant further damage.

Judges:

Lord Justice May Lord Justice Longmore Lord Justice Latham

Citations:

[2006] EWCA Civ 239, [2006] 1 WLR 1155

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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

Prisons, Negligence, Personal Injury

Updated: 22 August 2022; Ref: scu.239139

Harland and Wolff Plc Husbands Ltd v Patricia Lillian Mcintyre: CA 28 Mar 2006

Judges:

Lord Justice Buxton Lord Justice Lloyd Lord Justice Richards

Citations:

[2006] EWCA Civ 287

Links:

Bailii

Statutes:

Fatal Accidents Act 1976 4

Jurisdiction:

England and Wales

Citing:

Cited – Wood v Bentall Simplex Ltd CA 1992
No aspect of the law of damages has been found in practice to be more dependent on the facts of each particular case than the assessment of loss of pecuniary benefit to dependants under the Fatal Accidents Act . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 22 August 2022; Ref: scu.239741

Kotula v EDF Energy Networks (EPN) Plc and Others: QBD 17 Jun 2011

Judges:

Irwin J

Citations:

[2011] EWHC 1546 (QB)

Links:

Bailii

Statutes:

Law Reform (Contributory Negligence) Act 1945 1

Jurisdiction:

England and Wales

Citing:

Principal hearing – 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 . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 21 August 2022; Ref: scu.440887

Bhatt v Fontain Motors Ltd: CA 27 Jul 2010

The defendant company appealed against a finding of liability for injury when its employee fell from a ladder at work. He had been removing an item stored in a loft. The procedure was that the ladder should be footed by another person. The claimant said he had not been told so, but this was denied.
Held: The appeal failed. The method used was in breach of the regulations: ‘The breaches of the Regulations found by the judge (and rightly so found) meant that the claimant was exposed to a risk to which he should not have been exposed. It is no answer to say that the accident would have been avoided if the instructions for use of the ladder had been strictly followed. The claimant’s departure from the prescribed practice was precisely the sort of departure invited by this lengthy, complex and makeshift system. The very likelihood of such a departure reinforces the need for a safe means of access to have been provided.’ The fact that the employer had found alternative storage spaced was sufficient to refute the argument that it had done all that was reasonably practicable to avoid the need for the first storage system.

Judges:

Sedley, Richards, Sullivan LJJ

Citations:

[2010] EWCA Civ 863

Links:

Bailii

Statutes:

Health and Safety at Work etc Act 1974

Jurisdiction:

England and Wales

Personal Injury, Health and Safety

Updated: 21 August 2022; Ref: scu.421073

Pakenham-Walsh v Connell Residential and Another: CA 21 Feb 2006

Appeal against a judgment dismissing a claim for damages for personal injuries the appellant against her employers and a manager employed by the first respondents. The appellant alleged that she had suffered psychiatric injury in the course of her employment and that it was caused by the negligence of the respondents or a breach of implied terms as to safe system of work, and of trust and confidence, in the contract of employment. For the appellant, Mr Green seeks a remission of the case for rehearing.

Judges:

Lord Justice Keene Lord Justice Lloyd Lord Justice Pill

Citations:

[2006] EWCA Civ 90

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

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

Personal Injury, Health and Safety

Updated: 20 August 2022; Ref: scu.238785

Regina v Criminal Injuries Compensation Board, ex parte Thompstone: CA 1984

The court considered the circumstances of a claimant’s criminal record as they affected his entitlement to compensation under the scheme: ‘In each case, although different categories of circumstances can be taken into account, the issue is the same. Is the applicant an appropriate recipient of an ex gratia compensatory payment made at the public expense? As with all discretionary decisions, there will be cases where the answer is clear one way or the other and cases which are on the borderline and in which different people might reach different decisions. The Crown has left the decision to the board and the court can and should only intervene if the board has misconstrued its mandate or its decision is plainly wrong. …’

Judges:

Sir John Donaldson MR

Citations:

[1984] 1 WLR 1234

Jurisdiction:

England and Wales

Cited by:

Cited – Regina v Criminal Injuries Compensation Board ex parte Pearson Admn 11-May-1999
The claimant sought judicial review of the Board’s decision to restrict his award by two thirds for his previous driving convictions of driving with excess alcohol and driving whilst disqualified.
Held: The Board’s decision was for them. There . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 20 August 2022; Ref: scu.198318

Rabone and Another v Pennine Care NHS Trust: CA 21 Jun 2010

The claimant’s daughter had committed suicide after being given home leave on a secure ward by the respondent mental hospital. A claim in negligence had been settled, but the parents now appealed refusal of their claim that the hospital had failed in its article 2 duty to respect her right to life.
Held: The decision in Savage related to a detained patient. The fact that the claimant’s daughter was not a detained patient did alter the Trust’s duties. Article 2 does not impose upon the state an operational obligation towards all persons who are at ‘real and immediate risk’ of death, and health trusts do not have the article 2 operational obligation to voluntary patients in hospital, who are suffering from physical or mental illness, even where there is a ‘real and immediate’ risk of death.
Had there been a duty found, the earlier settlement had provided an adequate remedy.

Judges:

Rix, Stanley Burnton, Jackson LJJ

Citations:

[2010] EWCA Civ 698, [2010] WLR (D) 152, [2011] 3 WLR 603, [2011] QB 1019, (2010) 115 BMLR 191, [2010] Inquest LR 105, [2011] PTSR 1028, [2010] Med LR 376, [2010] MHLR 413, [2010] PIQR Q4

Links:

Bailii, WLRD

Statutes:

Human Rights Act 1998 7, European Convention on Human Rights 2, Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976, Mental Health Act 1983

Jurisdiction:

England and Wales

Citing:

Appeal from – Rabone and Another v Pennine Care NHS Trust QBD 23-Jul-2009
The claimant’s daughter had been a voluntary patient at a mental hospital. She committed suicide when on home leave from a secure ward. The claimant now said that the hospital had acted incompatibly with their daughter’s human rights, in releasing . .
Cited – Osman v The United Kingdom ECHR 28-Oct-1998
Police’s Complete Immunity was Too Wide
(Grand Chamber) A male teacher developed an obsession with a male pupil. He changed his name by deed poll to the pupil’s surname. He was required to teach at another school. The pupil’s family’s property was subjected to numerous acts of vandalism, . .
Cited – Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police HL 30-Jul-2008
Police Obligations to Witnesses is Limited
A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2.
Held: The House was asked ‘If the police are alerted . .
Cited – LCB v United Kingdom ECHR 9-Jun-1998
The applicant’s father had been present on Christmas Island during British nuclear tests. She was diagnosed with leukaemia. She claimed the UK had been should have warned her parents of the risks associated with exposure to radiation and monitored . .
Cited – Powell v United Kingdom ECHR 4-May-2000
A ten-year old boy had died from Addison’s disease. No inquest took place, because the coroner decided that the boy had died of natural causes. The parents, who were also affected by the events, had accepted compensation from the local health . .
Cited – Keenan v The United Kingdom ECHR 3-Apr-2001
A young prisoner was known to be at risk of suicide, but nevertheless was not provided with adequate specialist medical supervision. He was punished for an offence, by way of segregation which further put him at risk.
Held: Inhuman and . .
Cited – Kilinc And Others v Turkey ECHR 7-Jun-2005
kilinc_turkeyECHR05
A state authority may have a positive obligation to prevent foreseeable suicides amongst conscripts to its armed forces. . .
Cited – In Re L (By His Next Friend GE); Regina v Bournewood Community and Mental Health NHS Trust, Ex Parte L HL 25-Jun-1998
The applicant was an adult autistic, unable to consent to medical treatment. Treatment was provided at a day centre. He had been detained informally under the Act and against the wishes of his carers, but the Court of Appeal decided he should have . .
Cited – Takoushis, Regina (on the Application of) v HM Coroner for Inner North London and others CA 30-Nov-2005
Relatives sought judicial review of the coroner’s decision not to allow a jury, and against allowance of an expert witness. The deceased had been a mental patient but had been arrested with a view to being hospitalised. He was taken first to the . .
Cited – Savage v South Essex Partnership NHS Foundation Trust (MIND intervening) HL 10-Dec-2008
The deceased had committed suicide on escaping from a mental hospital. The Trust appealed against a refusal to strike out the claim that that they had been negligent in having inadequate security.
Held: The Trust’s appeal failed. The fact that . .
Cited – Ataman v Turkey ECHR 27-Apr-2006
The Court set out the need to supervise soldiers to whom weapons were entrusted and to prevent suicides. Since the carrying of weapons was involved, the authorities could be expected to show particular diligence and adopt a suitable system for . .
Cited – Renolde v France ECHR 16-Oct-2008
A prisoner with mental health problems committed suicide during pre-trial detention. It was said that the state had infringed his article 2 right.
Held: The court noted the vulnerability of persons in custody, especially those who were . .
Cited – Mitchell and Another v Glasgow City Council HL 18-Feb-2009
(Scotland) The pursuers were the widow and daughter of a tenant of the respondent who had been violently killed by his neighbour. They said that the respondent, knowing of the neighbour’s violent behaviours had a duty of care to the deceased and . .
Cited – Eckle v Germany ECHR 15-Jul-1982
Two fraud prosecutions against the claimants had lasted for 15 and 20 years respectively.
Held: Article 6.1 applies to all stages of criminal proceedings, including sentencing and any appeal. The ‘reasonable time’ in criminal matters, . .
Cited – Edwards v The United Kingdom ECHR 14-Mar-2002
The deceased, a young man of mixed race, had been placed in a cell with another prisoner who was known to be violent, racist, and mentally unstable. The staff knew that the panic button was defective. The deceased was murdered by his cell-mate. His . .
Cited – Caraher v The United Kingdom ECHR 11-Jan-2000
The applicant sought compensation for the killing of her husband by soldiers in Northern Ireland. She had previously brought a claim against the Ministry of Defence for aggravated damages in respect of the same matter. That claim had been settled . .

Cited by:

Appeal from – Rabone and Another v Pennine Care NHS Foundation SC 8-Feb-2012
The claimant’s daughter had committed suicide whilst on home leave from a hospital where she had stayed as a voluntary patient with depression. Her admission had followed a suicide attempt. The hospital admitted negligence but denied that it owed . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Health, Personal Injury, Negligence

Updated: 19 August 2022; Ref: scu.417086

Swain v Geoffrey Osborne Ltd and Another: QBD 19 May 2010

The claimant sought damages after injuring his ankle. The two defendants denied liability. They were working on the remediation of a former sewage works site. The claimant climbed from his cab on approaching the site from a tight angle and slipped in slurry spilled across the road outside the site. The defendants said that medical evidence suggested he had jumped from the cab.
Held: The circumstances supported the claimant’s version of events, and he succeeded subject to a deduction of 25% contributory negligence.

Judges:

Foskett J

Citations:

[2010] EWHC 1108 (QB)

Links:

Bailii

Personal Injury

Updated: 18 August 2022; Ref: scu.415950

Kerr v William Morrison Supermarket Plc and Another: CA 3 Feb 2010

The claimant sought damages after burning his hand when fuelling his land rover with liquid petroleum gas at a filling station run by the first defendant, and delivered through a nozzle designed y the second defendant.

Judges:

Dyson, Arden, Thorpe LJJ

Citations:

[2010] RTR 21, [2010] EWCA Civ 271, [2010] RTR 21

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury

Updated: 16 August 2022; Ref: scu.406518

IDE v ATB Sales Ltd: QBD 17 Jul 2007

The claimant was injured when he fell from his bicycle. The handlebar was broken. And the parties disputed whether the break was the cause or result of the fall. The handlebar was of an ultra light kind, which the manufacturer recommended was to be checked regularly and changed as necessary.
Held: ‘the conclusion to be drawn from the totality of the evidence is that the left hand handlebar of Mr Ide’s bike was defective and that it was that defect which caused the handlebar to fracture with the result that Mr Ide fell off the bike and suffered serious injuries.’

Judges:

Gray J

Citations:

[2007] EWHC 1667 (QB)

Links:

Bailii

Statutes:

Consumer Protection Act 1987 2

Jurisdiction:

England and Wales

Cited by:

Appeal from – Ide v ATB Sales Ltd and Another CA 28-Apr-2008
Each appellant challenged how the judge had decided between alternative proofs of causation of the respective loss. In Ide, the claimant asserted a fault in a cycle handlebar, and in Lexus, the claimant asserted that it caught fire whilst . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Consumer

Updated: 16 August 2022; Ref: scu.254587

Rigby v Wandsworth Borough Council: QBD 17 Feb 2006

The claimant teacher sought damages after being assaulted by an autistic student, alleging failure to provide a safe system of work. There was no completed risk assessment.
Held: The risks had in fact been assessed, including the behaviour of the particular pupil. The court was not satisfied that the defendant had been negligent or failed in its duties to the claimant.

Citations:

[2006] EWHC 224 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Health and Safety

Updated: 16 August 2022; Ref: scu.238931

Merelie v Newcastle Primary Care Trust: QBD 21 Feb 2006

Judges:

Tugendhat J

Citations:

[2006] EWHC 150 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Merelie v Newcastle Primary Care Trust QBD 11-Nov-2004
An harassment claim was being considered. It was suggested that a defendant sought revenge against the claimant. . .

Cited by:

See Also – Merelie v Newcastle Primary Care Trust QBD 20-Jun-2006
. .
See Also – Merelie v Newcastle Primary Health Care Trust and Others (No.3) Admn 20-Jun-2006
. .
See Also – Merelie v Newcastle Primary Care Trust CA 2-Mar-2007
. .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Defamation

Updated: 16 August 2022; Ref: scu.238930

C v D: QBD 23 Feb 2006

The claimant sought damages against the defendant and the school at which he was taught alleging that he had been sexually abused. The allegations were denied.

Judges:

Filed J

Citations:

[2006] EWHC 166 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – 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 by:

Cited – A v Hoare; H v Suffolk County Council, Secretary of State for Constitutional Affairs intervening; X and Y v London Borough of Wandsworth CA 12-Apr-2006
Each claimant sought damages for a criminal assault for which the defendant was said to be responsible. Each claim was to be out of the six year limitation period. In the first claim, the proposed defendant had since won a substantial sum from the . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 16 August 2022; Ref: scu.238736

Meehan, Re Judicial Review: CANI 23 Nov 2018

The Applicant’s judicial review relates to a refusal to grant her criminal injury compensation in respect of physical and alleged sexual abuse which she suffered between February 1979 and October 1980 when she was a girl aged between 9-11 years.

Judges:

Morgan LCJ, Treacy LJ and Maguire J

Citations:

[2018] NICA 42

Links:

Bailii

Jurisdiction:

Northern Ireland

Personal Injury

Updated: 16 August 2022; Ref: scu.641378

Davenport v Farrow: QBD 18 Mar 2010

The claimant athlete sought damages for personal injury from his athletics coach. He had complained of pain to his coach, but said he had been encouraged to continue training, resulting in serious injury and damage to his athletics career.
Held: The conflicting evidence was found to indicate that the injury predated the intensive training period alleged to be its cause. The claim failed.

Judges:

Owen J

Citations:

[2010] EWHC 550 (QB)

Links:

Bailii

Personal Injury

Updated: 15 August 2022; Ref: scu.403365

Horwood and Others v Land of Leather Ltd and Others: ComC 18 Mar 2010

The claimants sought to claim for personal injuries against the defendant company, now in administration, and their insurers using the 1930 Act. The insurers said they were not liable to indemnify the company. The parties disputed the standing of an agreement with the third party manufacturers to settle the claim.
Held: Despite any unwelcome result, the settlement agreement was clear and enforceable. Where a promisee has in fact conferred a benefit (factual or practical) on the promisor by performing the original contract, then the requirement of consideration is satisfied and there is no reason not to enforce the promise, if the other requirements for its enforceability are met.

Judges:

Teare J

Citations:

[2010] EWHC 546 (Comm), [2010] Lloyd’s Rep IR 453, [2010] 1 CLC 423

Links:

Bailii

Statutes:

Third Parties (Rights Against Insurers) Act 1930

Citing:

Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
Cited – F L Schuler AG v Wickman Machine Tools Sales Limited HL 4-Apr-1973
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship.
Held: The court can not take into account the post-contractual conduct or . .
Cited – Williams v Roffey Brothers and Nicholls (Contractors) Ltd CA 23-Nov-1989
The defendant subcontracted some of its work under a building contract to the plaintiff at a price which left him in financial difficulty and there was a risk that the work would not be completed by the plaintiff. The defendant agreed to make . .
Cited – Chartbrook Ltd v Persimmon Homes Ltd and Others HL 1-Jul-2009
Mutual Knowledge admissible to construe contract
The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations.
Held: . .
Cited – Bank of Credit and Commerce International SA v Ali, Khan and others (No 1); BCCI v Ali HL 1-Mar-2001
Cere Needed Releasing Future Claims
A compromise agreement which appeared to claim to settle all outstanding claims between the employee and employer, did not prevent the employee later claiming for stigma losses where, at the time of the agreement, the circumstances which might lead . .
Cited – Pratt v Aigaion Insurance Company SA (‘the Resolute’) CA 27-Nov-2008
The court considered the interpretation of a term in a contract of insurance to the effect that ‘Warranted Owner and/or Owner’s experienced skipper on board and in charge at all times and one experienced crew member.’, asking whether ‘at all times’ . .
Cited – Commercial Union Assurance v Lister CA 1874
The insured had taken out insurance with the plaintiff, but had undervalued it. It burned down due to the negligence of a third party.
Held: The insured was entitled to sue for the entire sum in his own name and as he thought fit, but would . .

Cited by:

Cited – Parties Named In Schedule A v Dresdner Kleinwort Ltd and Another QBD 28-May-2010
The defendant merchant banks resisted two group claims for annual bonuses for 2008 made by the employee claimants. They now sought summary judgment against the claims. The employer had declared a guaranteed minimum bonus pool available to make the . .
Lists of cited by and citing cases may be incomplete.

Insurance, Personal Injury, Contract

Updated: 15 August 2022; Ref: scu.403360

Merthyr Tydfil County Borough Council v C: QBD 21 Jan 2010

The Claimant sought damages for personal injury in the form of a psychiatric condition which she alleged was caused by the negligence of the Council in failing properly to deal with reports made by C in relation to sexual abuse of A and B by another child.

Judges:

Hickinbottom J

Citations:

[2010] EWHC 62 (QB), [2010] 1 FLR 1640, [2010] PIQR P9, [2010] Fam Law 345, [2010] 1 FCR 441

Links:

Bailii

Jurisdiction:

England and Wales

Negligence, Personal Injury

Updated: 15 August 2022; Ref: scu.393387

Browning v War Office: CA 1962

The plaintiff had been a technical sergeant in the United States Air Force; his pay had been $450 per month and after his injuries caused by the negligence of the defendants’ driver he received only a ‘veteran’s benefit’ of $217 per month
Held: He must ‘give credit for all sums which he receives in diminution of his loss, save in so far as it would not be fair or just to require him to do so.[He said that it would] . . obviously not be fair to reduce his damages by reason of charitable gifts made to him . . or by reason of insurance benefits which he has bought with his own money’ He asked what he called a simple question: ‘Is it fair and just that . . regard should be had to the fact that the plaintiff is already, as of right, in receipt of nearly half his pay? And my answer is, Yes.’
Diplock LJ said that Gourley’s case was an authority for taking the pension into account; he distinguished Bradburn’s case on the ground that the right to receive insurance money ‘is not sufficiently closely connected with the actual loss for which the defendant is liable to compensate him.’

Judges:

Lord Denning MR and Diplock LJ, Donovan LJ (dissenting)

Citations:

[1963] 1 QB 750, [1962] 3 All ER 1089

Jurisdiction:

England and Wales

Citing:

Cited – British Transport Commission v Gourley HL 1955
It is a universal rule that the plaintiff cannot recover more than he has lost and that realities must be considered rather than technicalities. The damages to be awarded for personal injury including loss of earnings should reflect the fact that . .
Distinguished – Bradburn v Great Western Rail Co CEC 1874
The plaintiff had received a sum of money from a private insurer to compensate him for lost income as a result of an accident caused by the negligence of the defendant.
Held: He was entitled to full damages as well as the payment from the . .

Cited by:

Cited – Cunningham v Harrison CA 17-May-1973
The plaintiff had been severely injured, and would need nursing care for the rest of his life. His wife nursed him until her death, but had given a statement that if not for her two full time nurses would be required. His employer continued to pay . .
Applied – Parry v Cleaver CA 9-May-1967
The plaintiff policeman was hit by a car whilst he was on traffic duty. When he claimed damages in negligence the defendant sought to have deducted from his award an amount received by way of additional pension payments received which had been . .
Disapprove – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
Cited – Henderson v Dorset Healthcare University NHS Foundation Trust CA 3-Aug-2018
Upon the allegedly negligent release of the claimant from mental health care, she had, while in the midst of a serious psychotic episode, derived from the schizophrenia, killed her mother and been convicted of manslaughter. She now sought damages in . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages

Updated: 15 August 2022; Ref: scu.225261

Puffett (A Minor) v Hayfield: CA 16 Dec 2005

The defendant appealed from a finding that she had been driving too quickly when a child ran out between parked cars in front of her and was hit. The judge found that she must have been driving at 28mph or more.
Held: ‘I am not prepared to accept as a proposition of law that where speed is the only finding against a negligent driver, the negligence can only be held to be causative of the accident if the judge finds what a maximum safe speed would have been. ‘ The judge was ‘entitled on the evidence to find causation proved on a balance of probabilities. He was entitled to take into account the circumstances; the likelihood of children playing in the road; the narrowness of the passage available to the appellant; and, accordingly, the absence of any opportunity to take evasive action, and to conclude, first, that the speed of the appellant was excessive and, secondly, that it was causative of the accident.’

Citations:

[2005] EWCA Civ 1760

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Baker v Market Harborough Co-Operative Society Ltd CA 1953
There was a collision in the centre of a road between two vehicles driven in opposite directions. In two hearings, judges had taken different views of the facts.
Held: The court was sympathetic to the judge who had found that the cause of the . .
Cited – Wright v Freeway Haulage Limited CA 22-Apr-1999
A collision occurred between a heavy lorry and a motor car travelling in the opposite direction: ‘I am not, however, persuaded that the judge was correct to conclude that the speed of this very wide articulated lorry and its load made no causative . .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 15 August 2022; Ref: scu.239231

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 law as it applied to insurance policies where the employer had paid the premiums. There was no longer good reason to extend the benevolence exception to include payments made by tortfeasors to their victims. The essence of the benevolence exception is that it applies where payments have been made to the claimant by third parties from motives of sympathy. Neither the benevolence exception nor the insurance exception applied in the present case.

Judges:

Brooke, Mummery, Dyson LJJ

Citations:

[2004] EWCA Civ 373, Times 02-Apr-2004, [2004] 1 WLR 2683, [2004] 3 All ER 348

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Not good law – McCamley v Cammell Laird Shipbuilders Limited CA 1990
The plaintiff suffered injury at work and claimed damages. He had received a lump sum under insurance provided by the defendant’s parent company for the benefit of employees injured at work. Did the lump sum payment fall to be deducted from the . .
Approved – Redpath v Belfast and County Down Railway CANI 1947
The plaintiff sought damages for personal injury. The defendant company sought to bring into account sums received by the plaintiff from a distress fund to which members of the public had contributed. Plaintiff’s counsel were said to having . .
Cited – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
Cited – Hussain v New Taplow Paper Mills Ltd HL 1988
The plaintiff was injured in an accident at work. His employer was partly responsible. For 13 weeks he received full sick pay in accordance with his contract. He then received half his pre-accident earnings under the permanent health insurance . .
Cited – 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 – Westwood v Secretary of State for Employment HL 1985
The house considered the benevolence rule: ‘I do not see any analogy at all between the generosity of private subscribers to a fund for the victims of some disaster, who also have claims for damages against a tortfeasor, and the state providing . .
Cited – 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, . .
Cited – Hodgson v Trapp HL 10-Nov-1988
The question was whether the attendance and mobility allowances which were payable to the plaintiff pursuant to statute should be deducted from damages she had received for personal injury.
Held: They should be. Damages for negligence are . .
Cited – Royston Frederick Williams v BOC Gases Ltd CA 29-Mar-2000
The plaintiff claimed damages from his employer in respect of injuries suffered during the course of his employment. The defendant paid the claimant a sum to which he had no contractual entitlement, saying that it was to be treated as an advance . .
Cited – Wells v Wells; Thomas v Brighton Health Authority; Page v Sheerness Steel Company Limited CA 23-Oct-1996
The plaintiff was a member of a scheme providing permanent health insurance benefits. The issue was whether the insurance monies received by the plaintiff were to be treated as sick pay (and therefore deductible from the damages) or insurance monies . .
Cited – Bradburn v Great Western Rail Co CEC 1874
The plaintiff had received a sum of money from a private insurer to compensate him for lost income as a result of an accident caused by the negligence of the defendant.
Held: He was entitled to full damages as well as the payment from the . .

Cited by:

Cited – Pope v Energem Mining (IOM) Ltd CA 5-Sep-2011
The deceased had been one of several abducted and killed whilst employed by the defendants in Angola. The company had promised to insure his life, but the insurers said that liability under the policy was capped. The claimant, the deceased’s mother . .
Lists of cited by and citing cases may be incomplete.

Insurance, Personal Injury

Updated: 15 August 2022; Ref: scu.194899

Longden v British Coal Corporation: HL 13 Mar 1997

The plaintiff was injured whilst at work in one of the defendant’s collieries. The House considered the deductibility from damages awarded for personal injury of a collateral benefit.
Held: The issue of deductibility where the claim is for loss of pension cannot be properly answered without a clear understanding of the nature of the loss claimed. Periodical payments which had been received on early retirement from a contributory pension scheme, were not to be deducted from damages later payable by an employer, but a part of a lump sum paid on early retirement may be deductible. Prima facie, the only recoverable loss is the net loss.

Judges:

Lord Goff of Chieveley, Lord Slynn of Hadley, Lord Steyn, Lord Hope of Craighead, Lord Clyde

Citations:

Gazette 08-Jan-1998, Times 28-Nov-1997, [1997] UKHL 52, [1997] 3 WLR 1336, [1998] AC 653, [1998] 1 All ER 289

Links:

House of Lords, Bailii

Statutes:

Civil Evidence Act 1995 10

Jurisdiction:

England and Wales

Citing:

Cited – Hussain v New Taplow Paper Mills Ltd HL 1988
The plaintiff was injured in an accident at work. His employer was partly responsible. For 13 weeks he received full sick pay in accordance with his contract. He then received half his pre-accident earnings under the permanent health insurance . .
Cited – Livingstone v Rawyards Coal Co HL 13-Feb-1880
Damages or removal of coal under land
User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the . .
Cited – Hodgson v Trapp HL 10-Nov-1988
The question was whether the attendance and mobility allowances which were payable to the plaintiff pursuant to statute should be deducted from damages she had received for personal injury.
Held: They should be. Damages for negligence are . .
Cited – Parry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
Cited – Smoker v London Fire and Civil Defence Authority HL 1991
Pension benefits were held to be the fruits through insurance of moneys set aside in the past in respect of past work and could not be appropriated by a tortfeasor so as to reduce its liability to compensate the victim. . .
Cited – O’Brien’s Curator Bonis v British Steel Plc 1991
The court can take judicial notice of the Ogden Tables. . .
Cited – Hussain v New Taplow Paper Mills Ltd CA 1987
The worker had been injured at work. His employer was partly at fault. The employer had a compensation scheme for which it paid, and sought to deduct the payments to the worker from the damages it was to pay. The Court was also invited by the . .
Cited – Bradburn v Great Western Rail Co CEC 1874
The plaintiff had received a sum of money from a private insurer to compensate him for lost income as a result of an accident caused by the negligence of the defendant.
Held: He was entitled to full damages as well as the payment from the . .
Cited – Redpath v Belfast and County Down Railway CANI 1947
The plaintiff sought damages for personal injury. The defendant company sought to bring into account sums received by the plaintiff from a distress fund to which members of the public had contributed. Plaintiff’s counsel were said to having . .
Cited – Hodgson v Trapp HL 10-Nov-1988
The question was whether the attendance and mobility allowances which were payable to the plaintiff pursuant to statute should be deducted from damages she had received for personal injury.
Held: They should be. Damages for negligence are . .
Cited – Dews v National Coal Board HL 1988
The plaintiff miner sought damages for an injury suffered at work.
Held: An employee who had been injured at work could not recover unpaid pension contributions, which had no effect on his pension entitlement, as part of his loss of pay while . .
Cited – Payne v Railway Executive 1951
Disablement pensions, whether voluntary or not, are to be ignored in the assessment of damages. . .
Cited – Larkham v Lynch 1974
The plaintiff had sustained serious injuries and sought damages. One item of special damages was a sum for loss of pension between the age of 60, when he would have retired, and the age of 65, which was the limit of his life expectancy as a result . .
Cited – Paff v Speed 6-Apr-1961
(High Court of Australia) ‘The first consideration is what is the nature of the loss or damage which the plaintiff says he has suffered.’
Damages – Personal injuries – Matters to be considered in reduction of damages – Plaintiff policeman at . .
Cited – Longden v British Coal Corporation CA 1995
The plaintiff sought damages after being injured at work. The defendant sought to set off against the damages to be awarded sums received by way of a collateral benefit.
Held: Roch LJ said: if the plaintiff were not permitted to recover the . .
Appeal from – Longden v British Coal Corporation CA 1995
The plaintiff sought damages after being injured at work. The defendant sought to set off against the damages to be awarded sums received by way of a collateral benefit.
Held: Roch LJ said: if the plaintiff were not permitted to recover the . .

Cited by:

Cited – Cantwell v Criminal Injuries Compensation Board HL 5-Jul-2001
When calculating the losses suffered by a victim of crime, the allowance to be made for losses to a retirement pension through having to retire early should have set off against them, the benefits received by way of payments for his ill-health, . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Damages, Benefits

Updated: 15 August 2022; Ref: scu.135206

West Sussex County Council v Russell: CA 12 Feb 2010

The council appealed against a finding that it had failed in its duty to keep the highway safe leading to an accident in which the claimant was severely injured. The road was narrow, and a significant drop had developed by the edge of the road. The claimant drove into the drop, then crashed after swerving to restore herself to the road.
Held: The authority’s appeal failed. The verge was part of the roadway, but was clearly marked off. ‘notwithstanding the terminology of the subsection and the occasional reference in the authorities to the ‘absolute’ nature of liability thereunder, the liability was less than to guarantee the safety of the highway for all users.’ This was a rural road, and the drop would not have been dangerous for drivers using it as intended. It was a hazard only to those speeding. Section 58(2)(a) might have provided an answer for the authority, but it had accepted the fault by remedying the road. The difference in height of six inches between the road surface and a grass verge was a potential hazard to users of the road and presented a danger, such that the defendant was in breach of its duty under Section 41 of the 1980 Act.

Judges:

Arden LJ, Wilson LJ, Henderson J

Citations:

[2010] EWCA Civ 71, [2010] RTR 19

Links:

Bailii

Statutes:

Highways Act 1980 41(1) 58(2)

Jurisdiction:

England and Wales

Citing:

Cited – Burnside v Emerson CA 1968
A car crashed as a result of running into a pool of storm-water lying across the road. The pool had been caused by the authority’s failure properly to maintain the drainage system, which had become blocked.
Held: The claim succeeded. Diplock . .
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 – Rider v Rider CA 1973
Sachs LJ stated that ‘it is in my judgment clear that the corporation’s statutory duty under section 44 of the Act of 1959 is reasonably to maintain and repair the highway so that it is free of danger to all users who use that highway in the way . .
Cited – Kind v Newcastle-Upon-Tyne Council Admn 31-Jul-2001
The appellant complained that the local council had failed to maintain a highway. The road was a single track rural highway. The Crown Court allowed for the present-day character of the highway, and the appellant objected. The complainant sought to . .

Cited by:

Cited – King Lifting Ltd v Oxfordshire County Council QBD 20-Jul-2016
A heavy crane had toppled from a road. The crane owners said that the highway authority were responsible for the poor condition of the road.
Held: The action failed. The evidence did not support the assertion that the accident arose from a . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Local Government, Road Traffic

Updated: 14 August 2022; Ref: scu.396739

French and others v Chief Constable of Sussex Police: CA 28 Mar 2006

The claimants sought damages for psychiatric injury. They were police officers who had been subject to unsuccessful proceedings following a shooting of a member of the public by their force.
Held: The claim failed: ‘these claimants have no real prospect of establishing that it was reasonably foreseeable that the corporate failings would cause them psychiatric injury by the chain of causation that allegedly brought about that result.’ The court surveyed the case law on claims for psychiatric damage.

Judges:

Lord Phillips LCJ, Tuckey LJ, Laws LJ

Citations:

[2006] EWCA Civ 312, Times 05-Apr-2006

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Barber v Somerset County Council HL 1-Apr-2004
A teacher sought damages from his employer after suffering a work related stress breakdown.
Held: The definition of the work expected of him did not justify the demand placed upon him. The employer could have checked up on him during his . .
Cited – Sutherland v Hatton; Barber v Somerset County Council and similar CA 5-Feb-2002
Defendant employers appealed findings of liability for personal injuries consisting of an employee’s psychiatric illness caused by stress at work.
Held: Employers have a duty to take reasonable care for the safety of their employees. There are . .
Cited – Waters v Commissioner of Police for the Metropolis HL 27-Jul-2000
A policewoman, having made a complaint of serious sexual assault against a fellow officer complained again that the Commissioner had failed to protect her against retaliatory assaults. Her claim was struck out, but restored on appeal.
Held: . .
Cited – Hill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
Cited – White, Frost and others v Chief Constable of South Yorkshire and others HL 3-Dec-1998
No damages for Psychiatric Harm Alone
The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy.
Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the . .
Cited – Calveley v Chief Constable of the Merseyside Police HL 1989
Police officers brought an action in negligence against a Chief Constable on the ground that disciplinary proceedings against them had been negligently conducted. They claimed that the investigating officers had negligently failed to conduct the . .
Cited – Dulieu v White and Sons KBD 1901
A pregnant barmaid suffered nervous shock causing her to give premature birth as a result of the tortfeasor’s horse van bursting into her bar at the Bonner Arms in Bethnal Green from the roadway. The defendant pleaded that the damages claimed were . .
Cited – Rothwell v Chemical and Insulating Co Ltd and Another CA 26-Jan-2006
Each claimant sought damages after being exposed to asbestos dust. The defendants resisted saying that the injury alleged, the development of pleural plaques, was yet insufficient as damage to found a claim.
Held: (Smith LJ dissenting) The . .
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 – Alcock and Others v Chief Constable of South Yorkshire Police HL 28-Nov-1991
The plaintiffs sought damages for nervous shock. They had watched on television, as their relatives and friends, 96 in all, died at a football match, for the safety of which the defendants were responsible. The defendant police service had not . .
Cited – Donoghue (or M’Alister) v Stevenson HL 26-May-1932
Decomposed Snail in Ginger Beer Bottle – Liability
The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a . .
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 – McLoughlin v O’Brian HL 6-May-1982
The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at home at the time of the accident, but went to the hospital immediately when she had heard what had . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence

Updated: 13 August 2022; Ref: scu.239739