Ireland v David Lloyd Leisure Ltd: CA 14 Jun 2013

The claimant sought damages after being injured working out in the defendant’s gym. A weights machine had chopped off the top of her finger when it came to rest. The defendant appealed against a finding that the warnings had been inadequate.
Held: The appeal failed. The case had been inadequately pleaded, with certain factual elements only becoming clear at trial, but further evidence or an adjournment would not have assisted the defendant.

Arden, Beatson, Ryder LJJ
[2013] EWCA Civ 665
Occupiers Liability Act 1957
England and Wales
AppliedBeoco Ltd v Alfa Laval Co Ltd and Another CA 21-Dec-1993
The tort loss of profit principles can apply in contract cases for damages. No economic loss damages were to be claimed after a supervening incident prevented a return to work.
As to costs incurred after a late amendment, Stuart-Smith LJ said: . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Costs

Updated: 14 November 2021; Ref: scu.510863