swarb.co.uk - law index
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Personal Injury - From: 1995 To: 1995
This page lists 31 cases, and was prepared on 02 April 2018.
Homer v Sandwell Castings Ltd; CA 1995 - [1995] PIQR P318
Seymour v Williams [1995] PIQR P470
1995
CA
Russell LJ, Millett LJ and Sir Ralph Gibson
Personal Injury, Limitation
The plaintiff issued proceedings against her father and mother, alleging physical and sexual abuse against her father and want of parental care against her mother. The claim against the father was in trespass, but that against her mother was in negligence. Held: The claim against the father was governed by the six years limitation period, and that against the mother by the three year limitation period. Both were out of time, but the Act gave discretion to extend the three year limited claim in negligence. The Court found this anomalous, and invited the Law Commission to consider the anomaly that different periods of limitation apply to a claim against a perpetrator of abuse and to a claim against someone for negligently failing to prevent that abuse with only the latter having a potential extension.
Limitation Act 1980 11
1 Citers
Hippolyte v London Borough of Bexley; CA 1995 - [1995] PIQR P309
Trobridge v Hardy (1955) 94 CLR 147
1995
Commonwealth, Police, Personal Injury
1 Citers
Stinton v Stinton and Another; CA 5-Jan-1995 - Gazette, 05 January 1995; Times, 23 November 1994
De Freitas v O'Brien [1995] EWCA Civ 28; [1995] PIQR 281; [1995] 6 Med LR 108; [1955-95] PNLR 680
2 Feb 1995
CA
Leggatt LJ, Swinton Thomas LJ, Otton LJ
Personal Injury, Professional Negligence
The plaintiff appealed refusal of her claim for damages for personal injury.
[ Bailii ]
Lane v The Shire Roofing Company (Oxford) Ltd [1995] EWCA Civ 37; [1995] PIQR 417; [1995] IRLR 493
16 Feb 1995
CA
Nourse, Henry, Auld LJJ
Personal Injury
Plaintiff's appeal from dismissal of claim forpersonal injuries suffered by construction worker.
[ Bailii ]
Hipwood v Gloucester Health Authority and Others Times, 21 February 1995
21 Feb 1995
CA
Personal Injury
Plaintiff claiming personal injuries damages is entitled to see his GPs medical records.
Longdon v British Coal Corporation Times, 14 April 1995; Gazette, 12 April 1995
9 Mar 1995
CA
Employment, Personal Injury, Damages, Benefits
A pension paid on incapacity as an alternative to retirement was not deductible from damages payable later for negligence. There was no double recovery.
Jameson and Wyatt (Executors of the Estate of David Allen Jameson) v Central Electricity Generating Board and Babcock Energy Limited Unreported, 10 March 1995
10 Mar 1995
Tudor Evans J
Personal Injury, Limitation
The plaintiff claimed damages for mesothelioma. CEGB had provided a contractual indemnity in respect of damage or injury occurring before building works were taken over by a client in 1960. The question was whether a workman who died from mesothelioma well after 1960 but was exposed during the building work before 1960 had suffered damage or injury before 1960. Held: The evidence did not establish even that minimal microscopic changes had occurred before 1960 and that the damage or injury occurred many years after the deceased had finished working.
1 Citers
Regina v Criminal Injuries Compensation Board Ex Parte S Independent, 28 March 1995
28 Mar 1995
QBD
Personal Injury
Criminal Injury Compensation Board's refusal to pay for delay in complaint of rape did not allow for the cause of the delay and was wrong.
Regina v Secretary of State for the Home Department ex parte Fire Brigades Union; HL 5-Apr-1995 - [1995] 2 AC 513; [1995] UKHL 3; [1995] 2 All ER 244; [1995] 2 WLR 464
Staples v West Dorset District Council Gazette, 11 May 1995; Times, 28 April 1995; [1995] PIQR 439; [1995] EWCA Civ 30
5 Apr 1995
CA
Negligence, Personal Injury
There was no duty of care on a landowner to warn of obvious danger on Lyme Regis Cobb. The quay clearly dangerous for anyone to see.
1 Citers
[ Bailii ]
Regina v Criminal Iinjuries Compensation Board Ex Parte S; QBD 18-Apr-1995 - Times, 18 April 1995
Page v Smith; HL 12-May-1995 - Gazette, 14 June 1995; Independent, 12 May 1995; Times, 12 May 1995; (1995) 92 LSG 33; [1995] RTR 210; [1996] AC 155; [1995] 2 All ER 736; [1995] UKHL 7; [1995] PIQR P329; [1995] 2 WLR 644; [1995] 2 Lloyds Rep 95
Gallon and Others v Swan Hunter Shipbuilders Ltd; CA 18-May-1995 - Gazette, 14 June 1995; Times, 18 May 1995
Nelhams v Sandells Maintenance Ltd and Another Times, 15 June 1995
15 Jun 1995
CA
Personal Injury
Employer of Plaintiff entitled to full indemnity from 2nd employer instructing Plaintiff.
Shepherd v Post Office Ind Summary, 31 July 1995; Times, 15 June 1995
15 Jun 1995
CA
Personal Injury, Damages
A divorced, but reconciled wife was capable of being considered a dependant of the husband, despite the intervening failed marriage.
Fatal Accidents Act 1976 1 (3)(a)
Frost and Others v Chief Constable of South Yorkshire; QBD 3-Jul-1995 - Times, 03 July 1995
Liddell v Middleton; CA 17-Jul-1995 - Times, 17 July 1995; (1996) PIQR 36
Mark Joseph Norris (Suing By her Next Friend Winfred Norris) v Julian Tennant-Smith [1995] EWCA Civ 2
7 Sep 1995
CA
Lord Justice Roch Lord Justice Swinton Thomas -And- Lord Justice Aldous
Personal Injury, Damages
The claimant sought damages for personal injuries after being struck by the defendant's car. He had emerged from between parked cars into the path of the defendant. Held: The judge's findings were essentially ones of fact, and his conclusion that the defendant driver had not been negligent could not be disturbed. Appeal dismissed.
[ Bailii ]
Baby J v Liverpool Obstetrics and Gynaecology Services NHS Trust Gazette, 01 November 1995
1 Nov 1995
CC
Personal Injury
£3500 damages for 7cm scar to baby girl caused in caesarean operation.
Revill v Newberry Gazette, 06 December 1995; Times, 03 November 1995; Independent, 10 November 1995; [1995] EWCA Civ 10; [1996] QB 567
2 Nov 1995
CA
Neill LJ, Evans LJ, Millett LJ
Torts - Other, Personal Injury
A trespasser (even a thief) is entitled to protection from unnecessary violence, and to an award of damages for personal injuries inflicted. To deny the claimant compensation for an assault which went beyond self-defence was a different thing from denying him the fruits of his crime and was akin to outlawing him. In such a case there was simply no room for the turpitude doctrine.
Occupier's Liability Act 1984
1 Citers
[ Bailii ]
C (A Minor) v Hackney London Borough Council Times, 10 November 1995; [1996] 1 WLR 789
10 Nov 1995
CA
Simon Brown LJ
Personal Injury, Litigation Practice
The mother had claimed in damages for the injuries to her health from the landlord authority's failure to repair. Her child then brought a subsequent action in respect of his own injuries. The authority claimed the action should be stopped as res judicata. Held: The child's injuries from bad housing were a separate claim from those of her mother, and the action should proceed. The fact of the child's disability meant that the erstwhile practice risked subverting CCR Ord 10 r10
Simon Brown LJ said: "I therefore reject entirely the submission that Yat Tung Investment Co. Ltd. v. Dao Heng Bank Ltd. [1975] A.C. 581 justifies extending the Talbot v. Berkshire County Council [1994] Q.B. 290 principle - that an unlitigated monetary claim is barred if it could have been advanced and established in earlier proceedings (itself to my mind an extended application of the res judicata doctrine) - to those not themselves party to the earlier proceedings.
It follows from all this that in my judgment the doctrine of res judicata even in its widest sense has simply no application to the circumstances of the present case and that the judge erred in ruling to the contrary. One does not, therefore, reach the point of asking here whether special circumstances exist to exclude it; C's erstwhile solicitors' suggested negligence is, frankly, an irrelevance. Nor, in my judgment, does this case come within measurable distance of any other form of abuse of process based on public policy considerations analogous to those underlying the res judicata doctrine: see, for instance, the Court of Appeal's decision in Ashmore v. British Coal Corporation [1990] 2 Q.B. 338.
All that said, this judgment should not be taken as any encouragement to lawyers or their clients to follow the course in fact adopted here. As the judge rightly recognised, in circumstances such as these, it is plainly in the public interest to have a single action in which the claims of all the affected members of the household are included rather than a multiplicity of actions . . ."
1 Cites
1 Citers
Grahan v Szerelmey (UK) Ltd and Another Gazette, 29 November 1995; Times, 16 November 1995
16 Nov 1995
CA
Litigation Practice, Personal Injury
Personal injury defendant claiming prejudice for delay must allow for his own profit in keeping his cash. Delay in personal injury cases rarely causes defendant any financial prejudice.
Griffiths v Williams; CA 21-Nov-1995 - Times, 24 November 1995
Regina v Criminal Injuries Compensation Board Ex Parte Milton Times, 12 December 1995
12 Dec 1995
QBD
Personal Injury
The CICB is under no obligation to make enquiries on its own initiative into the facts underlying the claim.
Regina v Criminal Injuries Compensation Board Ex Parte Dickson; QBD 20-Dec-1995 - Times, 20 December 1995
Regina v Criminal Injuries Compensation Board Ex Parte Cook (Rene Florence); CA 22-Dec-1995 - Times, 22 December 1995; [1996] 2 All ER 144; [1996] 1 WLR 1037
Hunter v Butler; CA 28-Dec-1995 - Independent, 02 January 1996; Times, 28 December 1995; [1996] RTR 396
McDermott International Inc v Hardy; CA 28-Dec-1995 - Times, 28 December 1995
