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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Personal Injury - From: 1997 To: 1997

This page lists 136 cases, and was prepared on 02 April 2018.

 
McCarvel v Strathclyde Fire Board 1997 SLT 1015
1997
OHCS

Scotland, Personal Injury
The pursuer sought damages for personal injuries. His previously asymptomatic pre-existing condition would have become symptomatic by the date of the proof. The valuation of £5,000 proceeded on the basis that the pursuer's symptoms and disabilities up to the date of the proof were attributable to the accident, but that for the future they were not so attributable.
1 Citers


 
Beasley v Buckinghamshire County Council [1997] PIQR P473
1997


Personal Injury


 
Hilary Sharpe v Anne Gray [1997] EWCA Civ 808
20 Jan 1997
CA

Personal Injury, Road Traffic

[ Bailii ]
 
A's Curator Bonis v Criminal Injuries Compensation Board Times, 24 January 1997
24 Jan 1997
OHCS

Personal Injury
A birth from an incestuous relationship is not a personal injury giving rise to action.

 
Houghton v British Coal Corporation Times, 13 February 1997; [1997] EWCA Civ 863
28 Jan 1997
CA

Personal Injury
A payment into court was made which expressed itself to be 'after the deduction of a sum which would reflect the amount of benefits the plaintiff would have to account for himself'. Such a deduction was proper.
Rules of the Supreme Court Order 22 1 Form 23
[ Bailii ]
 
Narmanie Breeze v Louis Daly [1997] EWCA Civ 860
28 Jan 1997
CA

Personal Injury, Negligence, Road Traffic

[ Bailii ]
 
Philip Michael Lobley v West Yorkshire Road Car Co Ltd [1997] EWCA Civ 874
29 Jan 1997
CA

Personal Injury

[ Bailii ]
 
David Ord v Messrs T E C and B a Chiverton (Trading As Portland Street Motors (a Firm)) [1997] EWCA Civ 881
30 Jan 1997
CA

Personal Injury

[ Bailii ]
 
Hamilton v Sedgefield District Council [1997] EWCA Civ 896
31 Jan 1997
CA
Henry, Ward LJJ
Personal Injury, Health and Safety
The claimant suffered injury when unloading a lorry.
[ Bailii ]

 
 Traynor v English Welsh and Scottish Railways Board; CA 2-Feb-1997 - [1997] EWCA Civ 908
 
Matthew George Buckley (By her Next Friend David Buckley) v Stuart Farrow and Beverley Buckley [1997] EWCA Civ 918
4 Feb 1997
CA

Personal Injury, Road Traffic

[ Bailii ]
 
Mcfarlane v Wilkinson and Guggenheim; Hegarty v E E Caledonia Limited Times, 13 February 1997; [1997] EWCA Civ 934
5 Feb 1997
CA

Professional Negligence, Personal Injury
The exclusion of weak but merely arguable heads from pleadings was not negligent.
[ Bailii ]
 
Garrett v London Borough of Camden [1997] EWCA Civ 941
5 Feb 1997
CA

Employment, Personal Injury, Costs

1 Citers

[ Bailii ]
 
Frank Angus Hall v T Clarke Plc [1997] EWCA Civ 944
6 Feb 1997
CA

Personal Injury, Damages

[ Bailii ]
 
Jameson and Wyatt (Executors of the Estate of David Allen Jameson) v Central Electricity Generating Board and Babcock Energy Limited Times, 25 February 1997; [1997] EWCA Civ 1008
13 Feb 1997
CA

Personal Injury, Wills and Probate, Litigation Practice
Executors may sue for a dependency claim despite a full and final settlement having been made by the deceased.
1 Cites

[ Bailii ]
 
Bralsford v Conoco Ltd [1997] EWCA Civ 1017
14 Feb 1997
CA

Personal Injury, Negligence
The employers appealed against a finding of negligence causing the plaintiff personal injury. The plaintiff lorry driver for the defendants, had his boot lace caught as he was on top of the tanker. He fell, but was left suspended.
1 Cites

[ Bailii ]
 
Dilwyn Edmunds v Rhymney Valley District Council [1997] EWCA Civ 1019
14 Feb 1997
CA

Personal Injury, Negligence

[ Bailii ]
 
Patricia Ann Bohitige v Barnet Healthcare National Health Service Trust [1997] EWCA Civ 1039
18 Feb 1997
CA

Personal Injury, Health and Safety

[ Bailii ]
 
Mohammed Asif Sadiq v London Buses Limited [1997] EWCA Civ 1056
20 Feb 1997
CA

Personal Injury, Litigation Practice

[ Bailii ]

 
 Rance v Essex County Council; CA 21-Feb-1997 - [1997] EWCA Civ 1064

 
 McNamara v North Tyneside Metropolitan Borough Council; CA 21-Feb-1997 - [1997] EWCA Civ 1072
 
Welsh v Coppinger and Kelly (T/a M and P Minibus Hire) [1997] EWCA Civ 1082
25 Feb 1997
CA

Personal Injury

[ Bailii ]
 
William Hill v Tracey Ellen Lowe [1997] EWCA Civ 1102
26 Feb 1997
CA

Personal Injury

[ Bailii ]
 
Trevor King v Merthyr Tydfil County Council [1997] EWCA Civ 1121
27 Feb 1997
CA

Personal Injury
Highway maintenance - personal injury.
[ Bailii ]
 
Fellowes or Herd v Clyde Helicopters Ltd Gazette, 26 March 1997; Times, 07 March 1997; [1997] 1 All ER 775; [1997] UKHL 6; [1997] AC 534
27 Feb 1997
HL
Lord MacKay, Lord Chancellor Lord Nicholls of Birkenhead Lord Hoffmann, Lord Hope of Craighead Lord Clyde
Transport, Police, Damages, Personal Injury
A Police officer being carried in a force helicopter, and operating within his own force's area was not on a matter of international carriage, and was not subject to the restrictions on recovery of damages. The helicopter had crashed into a building and he lost his life.
Lord Hope considered the Convention noting the width of article 1(1) which applies "to all international carriage of persons, baggage or cargo performed by aircraft for reward", and said: "But the starting point is the generality of effect indicated by the use of the word "all". The nationality or place of business of the carrier is irrelevant, as all carriers who undertake international carriage, as defined in article 1(2), of passengers, baggage or cargo by the aircraft are bound by the Convention. There is nothing in the Convention to indicate that the purpose for which the passenger, baggage or cargo was on the aircraft has any bearing on the question whether the Convention applies.
In my opinion the Convention agreed at Warsaw, as amended at the Hague, was intended to be, and is, capable of accommodating changes in the practice of airlines and aircraft operators with regard to the purposes for which aircraft are used to carry people and goods, and in the contractual arrangements in pursuance of which people and goods are carried by air for reward."
Carriage by Air (Application of Provisions) Order 1967 (1967 No 480)
1 Citers

[ House of Lords ] - [ Bailii ]
 
Rooney v Preston Acute Services NHS Trust [1997] EWCA Civ 1108
27 Feb 1997
CA

Personal Injury, Litigation Practice

[ Bailii ]
 
Edwards v Newham Health Authority [1997] EWCA Civ 1156
4 Mar 1997
CA

Professional Negligence, Personal Injury

[ Bailii ]
 
Boldark (Suing By the Official Solicitor) v East Lindsey District Council [1997] EWCA Civ 1147
4 Mar 1997
CA

Personal Injury, Land

defective Premises Act 1972
[ Bailii ]
 
Davies v Neath Borough Council [1997] EWCA Civ 1149
4 Mar 1997
CA

Personal Injury

[ Bailii ]
 
Janice Smith (on Behalf of the Estate of Grahame Corcoran Deceased) v Janet Berry [1997] EWCA Civ 1175
6 Mar 1997
CA

Personal Injury, Litigation Practice
Application for leave to appeal against refusal to extend time to serve writ. Granted.
1 Cites

1 Citers

[ Bailii ]
 
Byrne v Nottinghamshire Health Authority, Nottinghamshire County Council [1997] EWCA Civ 1198
7 Mar 1997
CA

Personal Injury
Injury to firefighter at scene of car crash.
[ Bailii ]
 
O'Neill v O'Brien and Motor Insurers' Bureau [1997] EWCA Civ 1206
10 Mar 1997
CA

Personal Injury, Road Traffic

[ Bailii ]
 
Cambridge v Callaghan and Motor Insurers' Bureau [1997] EWCA Civ 1212
11 Mar 1997
CA

Road Traffic, Personal Injury, Insurance

[ Bailii ]

 
 Longden v British Coal Corporation; HL 13-Mar-1997 - Gazette, 08 January 1998; Times, 28 November 1997; [1997] UKHL 52; [1997] 3 WLR 1336; [1998] AC 653; [1998] 1 All ER 289

 
 Spargo v North Essex District Health Authority; CA 13-Mar-1997 - (1997) 37 BMLR 99; [1997] EWCA Civ 1232; [1997] 8 Med LR 125; [1997] PIQR 235
 
Pauline Hillier v London Borough of Hammersmith and Fulham British Telecom Plc Mcnicholas Engineering Ltd [1997] EWCA Civ 1255
14 Mar 1997
CA

Personal Injury

[ Bailii ]
 
Hampshire County Council v Jones [1997] EWCA Civ 1286
20 Mar 1997
CA

Personal Injury, Health and Safety

[ Bailii ]
 
Cambridge v Callaghan and Another Times, 21 March 1997
21 Mar 1997
CA

Personal Injury, Litigation Practice
The Motor Insurers Bureau must be served with evidence of proceedings having been issued before it would become liable under the scheme.


 
 Mansfield and Another v Weetabix Limited and Another; CA 26-Mar-1997 - [1997] EWCA Civ 1352; [1998] 1 WLR 1263
 
Sonia Silverton v Vincent Goodall and Motor Insurance Bureau [1997] EWCA Civ 1363; [1997] PIQR 451
26 Mar 1997
CA
Sir Ralph Gibson
Road Traffic, Insurance, Personal Injury
Sir Ralph Gibson explained the historical development of the Motor Insurers Bureau describing it as "a novel piece of extra statutory machinery".
1 Citers

[ Bailii ]
 
Osborne v Oetegenn [1997] EWCA Civ 1375
10 Apr 1997
CA

Personal Injury, Damages

[ Bailii ]
 
Joakim; Joakim v Commissioner of Police for Metropolis and North Middlesex Hospital Trust [1997] EWCA Civ 1386
14 Apr 1997
CA

Police, Negligence, Personal Injury

1 Cites

[ Bailii ]
 
Regina v Criminal Injuries Compensation Board ex parte Piercy [1997] EWHC Admin 359
14 Apr 1997
Admn

Personal Injury

[ Bailii ]

 
 Chaudhari v British Airways Plc; CA 16-Apr-1997 - Times, 07 May 1997; [1997] EWCA Civ 1413; CCRTI 96/0229/G
 
Mary Rushforth v J Lyons and Company Limited [1997] EWCA Civ 1494
23 Apr 1997
CA

Personal Injury

[ Bailii ]
 
Regina v Criminal Injuries Compensation Board ex parte Mattison [1997] EWCA Civ 1517
24 Apr 1997
CA

Personal Injury

[ Bailii ]
 
Young v Charles Church (Southern) Ltd [1997] EWCA Civ 1523
24 Apr 1997
CA

Personal Injury
Presence within the range of foreseeable physical injury is a necessary attribute of a primary victim.
1 Citers

[ Bailii ]
 
Regina v Criminal Injuries Compensation Board ex parte Crowley [1997] EWHC Admin 418
28 Apr 1997
Admn

Personal Injury

[ Bailii ]
 
Dennis Southall v Swansea Yacht Haven Limited [1997] EWCA Civ 1564
30 Apr 1997
CA

Personal Injury, Litigation Practice
Application for reinstatement of action after automatic strike out for delay.
[ Bailii ]
 
Street v Derbyshire County Council [1997] EWCA Civ 1599
1 May 1997
CA

Litigation Practice, Personal Injury
Time limits - service of proceedings.
[ Bailii ]
 
George Platt (Administrator of the Estate of David Platt, a Deceased Minor) and Dean Kenton (a Minor Suing By her Mother and Next Best Friend Phyllis Kenton) v Liverpool City Council [1997] EWCA Civ 1588
1 May 1997
CA

Personal Injury, Damages

Law Reform (Miscellaneous Provisions) Act 1934 - Fatal Accidents Act 1976
[ Bailii ]
 
Isaiah Okegbero Ogbogbo (Widower and Personal Representative of Agnes Victoria Ogbogbo (Deceased)) v Ahmet Ziya Ibraham Motor Insurers'Bureau [1997] EWCA Civ 1592
1 May 1997
CA

Personal Injury, Limitation
Application for leave to appeal.
[ Bailii ]
 
Malcolm Gregson Walker v Dan Air Services Limited [1997] EWCA Civ 1596
1 May 1997
CA

Personal Injury, Litigation Practice

[ Bailii ]

 
 Beer v Commissioner of Police of Metropolis; CA 2-May-1997 - [1997] EWCA Civ 1620
 
Sylvia Bourne v British Telecommunications Plc [1997] EWCA Civ 1634
7 May 1997
CA

Personal Injury, Negligence

[ Bailii ]
 
Ion Curtis Roach v Oxfordshire Health Authority [1997] EWCA Civ 1660
9 May 1997
CA

Personal Injury, Limitation

[ Bailii ]
 
Morris v Breaveglen Limited (T/a Anzac Construction Company) and Sleeman Limited Third Party [1997] EWCA Civ 1662
9 May 1997
CA

Personal Injury, Health and Safety

[ Bailii ]
 
William Neilson v Graham Green Demolition Limited [1997] EWCA Civ 1714
15 May 1997
CA

Personal Injury

[ Bailii ]
 
Tindale v J Barbour and Sons Ltd [1997] EWCA Civ 1733
16 May 1997
CA

Personal Injury

[ Bailii ]
 
Jashuir Singh Khela v Bhajan Singh Pone and Norwest Holst Limited [1997] EWCA Civ 1742
21 May 1997
CA

Personal Injury, Litigation Practice
The claimant sught to re-instate his personal injury action. It had been struck out under the automatic directions. Held: The claimant had not satsified the requirement to provide a sufficient reason to make his delay excusable.
1 Cites

[ Bailii ]
 
Ryan Peter Edmondson v Scottish and Newcastle Breweries Plc and M P Black and R Bailey [1997] EWCA Civ 1760
22 May 1997
CA

Litigation Practice, Personal Injury

[ Bailii ]
 
Peter Joel v A and S Motors [1997] EWCA Civ 1837
11 Jun 1997
CA

Personal Injury

[ Bailii ]
 
Gibbins v Galliford and Sons Limited; Solihull Metropolitan Borough Council and Iderend Holdings (Formerly Rediguard Limited) [1997] EWCA Civ 1835
11 Jun 1997
CA

Personal Injury, Negligence

[ Bailii ]
 
Anna Maria Yiannacou v Kilwinder Singh Rehal [1997] EWCA Civ 1915
20 Jun 1997
CA

Personal Injury

[ Bailii ]
 
Andrew David Windatt v Rutterford and Another [1997] EWCA Civ 1933
23 Jun 1997
CA

Personal Injury

[ Bailii ]
 
Kathleen Malpass v Surrey County Court [1997] EWCA Civ 1962
25 Jun 1997
CA

Personal Injury

[ Bailii ]
 
Christopher William George Welham v Holding and Barnes Limited (Trading Under the Name of Phillips Insurance) and Controlled Climate Mechanical Services Limited [1997] EWCA Civ 1956
25 Jun 1997
CA

Personal Injury, Torts - Other

Occupiers Liability Act 1957 2(4)(b)
[ Bailii ]
 
Richard Mark Abada v James Gray and Motor Insurers Bureau [1997] EWCA Civ 1969
25 Jun 1997
CA

Personal Injury

[ Bailii ]
 
Richard Mark Abada v James Gray and Motor Insurers Bureau [1997] EWCA Civ 1968
25 Jun 1997
CA

Personal Injury, Damages

[ Bailii ]
 
Browning v Hemmings, London Borough of Haringey [1997] EWCA Civ 1972
26 Jun 1997
CA

Personal Injury

[ Bailii ]

 
 Cross v Kirklees Metropolitan Borough Council; CA 27-Jun-1997 - Times, 10 July 1997; [1997] EWCA Civ 1986; [1998] 1 All ER 564
 
Marshall v Gradon Construction Services Ltd [1997] EWCA Civ 1989
27 Jun 1997
CA

Personal Injury, Health and Safety

[ Bailii ]
 
Harmer v Mackenzie Glass (Exeter) Limited [1997] EWCA Civ 1990
27 Jun 1997
CA

Personal Injury, Costs

[ Bailii ]
 
Frank Penney v British Steel Plc [1997] EWCA Civ 1999
1 Jul 1997
CA

Personal Injury

[ Bailii ]
 
Regina v Criminal Injuries Compensation Board ex parte Sylvester Mulholland [1997] EWHC Admin 625
3 Jul 1997
Admn

Personal Injury

[ Bailii ]
 
Robert Oxley v BCH Limited [1997] EWCA Civ 2083
10 Jul 1997
CA
Waite LJ, Swinton Thomas LJ
Personal Injury

[ Bailii ]
 
Willbye (By Her Mother and Next Friend) v Gibbons [1997] EWCA Civ 2123
16 Jul 1997
CA

Personal Injury

1 Cites

1 Citers

[ Bailii ]
 
Peter Laycock v Kenneth Charles Lagoe [1997] EWCA Civ 2144
18 Jul 1997
CA

Personal Injury, Litigation Practice
The claimant appealed an order staying his personal injury claim until he underwent an examination for the defendant using MRI.
[ Bailii ]
 
John Albert Neal v Gregory Charles Bingle [1997] EWCA Civ 2157
22 Jul 1997
CA

Personal Injury

[ Bailii ]
 
John Albert Neal v Gregory Charles Bingle [1997] EWCA Civ 2158
22 Jul 1997
CA

Personal Injury

[ Bailii ]
 
Decesare v Fairwater Catering Equipment Ltd [1997] EWCA Civ 2181
24 Jul 1997
CA

Personal Injury, Professional Negligence

[ Bailii ]
 
Oliver v Cox (T/a Focus Service Station) [1997] EWCA Civ 2184
24 Jul 1997
CA

Personal Injury, Damages
The claimant sought leave to appeal against the refusal of an award of special damages. The claim had mounted spectacularly, but he had failed to provide evidence as directed to support the claim. Held: Even at the time of the application, the claimant had still not complied with the order, but denied it: "the Judge was perfectly entitled to regard the breach of the unless order as of sufficient seriousness to warrant the imposition of the sanction of dismissal. He did not proceed immediately to take that view. He correctly looked at the further attempt made to cure the defect, but he was satisfied it was insufficient. He gave the plaintiff every opportunity to seek the further indulgence of the court by seeking an extension of time, but, as he pointed out, there was no summons issued by the plaintiffs in which they sought such an extension of time. There was no affidavit to explain their failures, even though they were clearly capable of filing affidavits."
1 Cites

[ Bailii ]
 
Neal v Bingle Times, 24 July 1997
24 Jul 1997
CA

Personal Injury
Where damages reduced by benefits clawback, special damages claim for lost non-recoupable benefits payable are recoverable.
Social Security Administration Act 1992 82

 
Thompson (By Her Father and Next Friend, Thompson) v Dr J W Blake-James [1997] EWCA Civ 2225
29 Jul 1997
CA

Professional Negligence, Personal Injury
Alleged failure to advise properly of risk of injury from measles innoculation.
[ Bailii ]
 
Regina v Chung Tak Lam Mary Lam Patricia Lam Christopher John Lam and Peter Brennan (T/a 'Namesakes of Torbay') and Borough of Torbay [1997] EWCA Civ 2247; [1997] PIQR P488
30 Jul 1997
CA
Potter, Brooke LJJ
Nuisance, Personal Injury, Planning, Local Government
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 planning system is a regulatory system as envisaged in X (Minors), such that there should be no private right of action for a breach of statutory duty. The claim failed.
Town and Country Planning Act 1990 29 - Environmental Protection Act 1990 Part III - Public Health Act 1936 91
1 Cites

1 Citers

[ Bailii ]
 
Regina v Basingstoke County Court ex parte De Souza [1997] EWCA Civ 2302
19 Aug 1997
CA

Personal Injury

[ Bailii ]
 
Slater v Cleveland County Council [1997] EWCA Civ 2306
20 Aug 1997
CA

Personal Injury, Litigation Practice

[ Bailii ]
 
Coates v Curry Times, 22 August 1997
22 Aug 1997
CA

Personal Injury
Awards of damages for loss of earnings must distinguish between past and future losses; the court is unable otherwise to calculate interest on damages.

 
Neal v Bingle Gazette, 10 September 1997
10 Sep 1997
CA

Personal Injury
Loss of unrecoupable benefits was a proper subject of claim as special damages.
Social Security Administration Act 1992 82

 
Miriam Knight v Sage Group Plc [1997] EWCA Civ 2340
11 Sep 1997
CA

Personal Injury, Litigation Practice

[ Bailii ]

 
 El Al Israel Airlines Ltd v Tsui Yuan Tseng; 16-Sep-1997 - (1999) 525 US 155; 919 FSupp 155; 147 ALRFed 783; 65 USLW 2817; 142 L Ed 2d 576; 119 SCt 662; 122 F3d 99
 
Barry Joseph Marshall v Brightwell Fuels (Plymouth) Limited [1997] EWCA Civ 2382
2 Oct 1997
CA

Personal Injury

[ Bailii ]
 
Bowman v Norfolk County Council [1997] EWCA Civ 2390
2 Oct 1997
CA

Litigation Practice, Personal Injury
Striking out - delay.
[ Bailii ]
 
Griffin v Mersey Regional Ambulance [1997] EWCA Civ 2441; [1998] PIQR 44
8 Oct 1997
CA
Simon Brown LJ, Rober Walker LJ
Personal Injury, Road Traffic, Negligence
A driver who had crossed through a green traffic light but had collided with an ambulance was 60 per cent contributorily negligent. He had failed to hear the ambulance, had failed to see it, and had ignored unusal driving of other motorists. Held: "In my judgment, the general approach of the judge below was entirely correct. He rightly identified the duty upon the defendants' driver crossing this junction against the red light, as a high or heavy one, but equally rightly he recognised a duty of care upon the plaintiff beyond that of merely taking reasonable steps to avoid colliding with any vehicle crossing on red which he happened to see or otherwise be aware of. Rejecting, as I do, the application here of what is suggested to be the absolute rule in favour of traffic crossing a junction on green established in Joseph Eva Ltd v Reeves, it follows that, in my judgment, the appellant's argument that there was no scope here for any finding of contributory negligence fails." The court emphasised that the nature of the duty owed by drivers crossing on green, in circumstances where emergency vehicles are crossing on red, is illuminated by regulation 33(2) of the 1994 Regulations. Simon Brown LJ also referred to rule 76 of the Highway Code providing: "Look and listen for ambulances…or other emergency vehicles with flashing blue lights or sirens. Make room for them to pass (if necessary by moving to the side of the road and stopping) but do not endanger other road users."
Traffic Signs And General Directions Order 1994 (1994 No 1519)
1 Cites

1 Citers

[ Bailii ]
 
Sewell v Electrolux Limited Times, 07 November 1997; Gazette, 22 October 1997; Times, 22 October 1997; [1997] EWCA Civ 2443
8 Oct 1997
CA

Personal Injury
There had been an accident at work the claimant suffered substantial back pain and the recorder had to decide whether it was caused by the accident or by a pre-existing condition. Orthopaedic surgeons gave conflicting evidence. Unlike the master in the present case, the recorder did not even summarise the expert evidence (let alone seek to analyse its strengths and weaknesses) and, after a brief reference to the notes of the claimant's GP, he announced that, in relation to this issue, the claimant had failed to discharge the burden of proof. This court held that the recorder had abdicated his duty to make findings and, in the words of Hutchison L.J., "to address and resolve the central issue and such of the subsidiary issues as it was necessary to resolve to decide that central issue." A Judge had a duty to make finding on conflicting medical evidence; he was wrong to rely on burden of proof alone.
1 Citers

[ Bailii ]
 
Michael White v Lord Chancellor's Department [1997] EWCA Civ 2451
9 Oct 1997
CA

Personal Injury

[ Bailii ]
 
Regina v Criminal Injuries Compensation Board ex parte CV [1997] EWHC Admin 848
9 Oct 1997
Admn

Personal Injury

[ Bailii ]
 
Betty G Edwards ex parte v Cyril Manners-Roger [1997] EWCA Civ 2512
17 Oct 1997
CA

Personal Injury

[ Bailii ]
 
Regina v Criminal Injuries Compensation Board ex parte Jane Collin [1997] EWHC Admin 910
22 Oct 1997
Admn

Personal Injury

[ Bailii ]
 
Regina v Criminal Injuries Compensatio Board, ex parte Keane and Marsden [1997] EWHC Admin 934
29 Oct 1997
Admn

Personal Injury

[ Bailii ]
 
Durnan Barnes v Stockton-On-Tees Borough Council [1997] EWCA Civ 2594
29 Oct 1997
CA

Personal Injury, Health and Safety
The claimant was injured at work at a swimming pool. As he and other members of staff tidied away a wet inflatable slide, he slipped and fell, suffering serious injury. Held: "it was necessary for the employers to have laid down a system to this extent: they should have warned their employees about the potential hazard of standing on the wet slide to remove the ropes attached to it so long as the air hose was still underneath it. That, it seems to me, was the hazard. I know that in this particular case the work had been done for many years and no accident had occurred; but of course that is usually the case. However, it does seem to me that there was inevitably a potential risk if men and women were treading on a wet, slippery piece of plastic to pull it out of the water and beneath that plastic, but invisible to the naked eye at this point, there was the air hose." Steps could have been taken to ensure the hose was put away before the slide. The appeal succeeded, and the defendant was responsible, but the plaintiff was 50% contributorily negligent.
1 Cites

[ Bailii ]
 
Asha Kumar (Married Woman) v Vijay Kumar [1997] EWCA Civ 2590
29 Oct 1997
CA

Personal Injury, Damages, Road Traffic

[ Bailii ]
 
Arnold Heyes v Pilkington Glass Limited [1997] EWCA Civ 2617
31 Oct 1997
CA

Personal Injury, Negligence
Crane driver - "Vibration Induced White Finger".
[ Bailii ]
 
Maureen Audrey Hughes v Lloyds Bank Plc (As Administrators of the Estate of Tapan Kumar Mukherjee) [1997] EWCA Civ 2623
3 Nov 1997
CA

Personal Injury

[ Bailii ]
 
Yates v Buckley [1997] EWCA Civ 2626
3 Nov 1997
CA

Personal Injury

[ Bailii ]
 
McGregor, McCann v Hunt Steel and Cladding Ltd (In Administrative Receivership) [1997] EWCA Civ 2633; [1997] EWCA Civ 2632
4 Nov 1997
CA

Personal Injury

[ Bailii ] - [ Bailii ]
 
Andrew Bingham v Simon Lee Fuller [1997] EWCA Civ 2641
5 Nov 1997
CA

Personal Injury, Negligence

[ Bailii ]
 
Mcgivney v Golderslea Limited [1997] EWCA Civ 2656
6 Nov 1997
CA

Personal Injury, Torts - Other

Occupiers Liability Act 1957
[ Bailii ]

 
 Mullin v Richards and Birmingham City Council; CA 6-Nov-1997 - [1997] EWCA Civ 2662; [1998] 1 All ER 920; [1998] 1 WLR 1304
 
Parker v Milne and BOCM Pauls Limited [1997] EWCA Civ 2660
6 Nov 1997
CA

Personal Injury

[ Bailii ]
 
Helen Hicklin v Stanton Rubber and Plastics Ltd [1997] EWCA Civ 2672
7 Nov 1997
CA

Personal Injury

[ Bailii ]

 
 Ratcliff v G R McConnell and others; CA 7-Nov-1997 - [1997] EWCA Civ 2679; [1999] 1 WLR 670
 
Doughty v Stena Offshore Limited [1997] EWCA Civ 2685
10 Nov 1997
CA

Personal Injury, Damages

[ Bailii ]
 
Wills v Entwistle and Spruce [1997] EWCA Civ 2701
12 Nov 1997
CA
Roch, Thorpe, Buxton LJJ
Personal Injury, Road Traffic, Negligence
The claimant was a passenger in a car driven by the first defendant. He was injured when the driver turned right at traffic lights, in front of a van approaching. The traffic lights were at green for both vehicles. The question was as to the possible liability of the driver of the van. The judge had found that the first defendant was unlikely to have indicated to turn right, but that the van had accelerated. Had the driver been paying proper attention he could have avoided the accident, and the van driver had been found to be 20% responsible. Held: There had been no evidence before the judge to found his assessment that thevan had not already entered the junction by the time the first defendant turned across his path. There was therefore no basis for finding contributory negligence on the van driver's part, and the van driver's appeal succeeded.
[ Bailii ]

 
 Girvan v Inverness Farmers Dairy and Another; HL 13-Nov-1997 - Times, 15 December 1997; [1997] UKHL 47; 1998 SC (HL) 1; 1998 SLT 21; 1998 SCLR 72
 
Robert Odiete v Post Office [1997] EWCA Civ 2751
18 Nov 1997
CA

Personal Injury, Damages

[ Bailii ]
 
Widdowson (By her Father and Next Friend Widdowson) v Newgate Meat Corporation Scullion and Enaas Gazette, 10 December 1997; Times, 04 December 1997; [1997] EWCA Civ 2763
19 Nov 1997
CA

Personal Injury, Negligence, Road Traffic
Res ipsa loquitur might be used to establish fault where the driver drove into a pedestrian on a carriageway and had no explanation for the accident.
[ Bailii ]

 
 Burrows v Vauxhall Motors Ltd; Mongiardi v IBBC Vehicles Ltd; CA 19-Nov-1997 - Gazette, 10 December 1997; Times, 17 December 1997; [1997] EWCA Civ 2756
 
Allen v London Borough of Barnet [1997] EWCA Civ 2780
21 Nov 1997
CA

Personal Injury

[ Bailii ]
 
Moore v Ashworth and Another [1997] EWCA Civ 2796
21 Nov 1997
CA

Personal Injury, Litigation Practice
Renewed application for leave to appeal out of time against dismissal of claim for want of prosecution.
[ Bailii ]
 
Melville-Smith v Thorn Lighting Limited [1997] EWCA Civ 2815
25 Nov 1997
CA

Personal Injury

[ Bailii ]
 
Michael Coleman v Dunlop Limited [1997] EWCA Civ 2828
26 Nov 1997
CA

Personal Injury

[ Bailii ]
 
Trevor Barry Oakley v Jack Leonard Rawlinson and Harvey and Brockless Limited [1997] EWCA Civ 2847
27 Nov 1997
CA

Personal Injury, Litigation Practice

[ Bailii ]
 
Karl Andrew Whyte v Redland Aggregates Limited [1997] EWCA Civ 2842
27 Nov 1997
CA
Henry LJ
Negligence, Personal Injury
The appellant dived into a disused gravel pit and struck his head on an obstruction on the floor of the pit. The Court dismissed his appeal that he was not entitled to damages. Held: "In my judgment, the occupier of land containing or bordered by the river, the seashore, the pond or the gravel pit, does not have to warn of uneven surfaces below the water. Such surfaces are by their nature quite likely to be uneven. Diving where you cannot see the bottom clearly enough to know that it is safe to dive is dangerous unless you have made sure, by reconnaissance or otherwise, that the diving is safe ie. that there is adequate depth at the place where you choose to dive. In those circumstances, the dangers of there being an uneven surface in an area where you cannot plainly see the bottom are too plain to require a specific warning and, accordingly, there is no such duty to warn (see Lord Shaw in Glasgow Corporation v Taylor [1922] 1 AC 44, 60. There was no trap here on the judge's finding. There was just an uneven surface, as one would expect to find in a disused gravel pit."
1 Cites

1 Citers

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William Lyon v Serco-Ial Limited [1997] EWCA Civ 2849
27 Nov 1997
CA

Personal Injury, Negligence

[ Bailii ]
 
Hazel Constance Tipper v North Staffordshire Area Health Authority [1997] EWCA Civ 2855
28 Nov 1997
CA

Personal Injury, Limitation

[ Bailii ]
 
Quinn v Ministry of Defence [1997] EWCA Civ 2865; [1998] PIQR P387
28 Nov 1997
CA

Armed Forces, Personal Injury

1 Citers

[ Bailii ]
 
Wright v Alcan Enfield Alloys Ltd Shorrocks Guards Ltd [1997] EWCA Civ 2869
1 Dec 1997
CA

Personal Injury, Health and Safety

[ Bailii ]
 
Howells v Trefigin Oil and Trefigin Quarries Limited [1997] EWCA Civ 2874
2 Dec 1997
CA

Personal Injury, Negligence

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Barry James Melleney (a Minor By her Father and Next Friend David William Melleney) v Anthony Arthur Wainwright [1997] EWCA Civ 2884
3 Dec 1997
CA

Personal Injury, Negligence

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Tracey Harkin v Keith Hellawell (Sued As the Chief Constable of West Yorks Police) [1997] EWCA Civ 2915
4 Dec 1997
CA

Personal Injury, Litigation Practice, Animals
The claimant had been bitten by a police dog and wished to claim damages. She appealed refusal of an order for records of the dog to be disclosed. Held: The request was phrased impossibly widely and had been properly refused.
Animals Act 1971 2
[ Bailii ]
 
Sandra Lay v Morland and Co Plc [1997] EWCA Civ 2923
5 Dec 1997
CA

Personal Injury, Damages

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Janice Smith (on Behalf of the Estate of Graham Corcoran Deceased) v Janet Berry [1997] EWCA Civ 2979
12 Dec 1997
CA

Personal Injury, Litigation Practice
Extension of time to serve writ.
1 Cites

1 Citers

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 Price v United Engineering Steels Limited; J J Habershon and Sons Limited; CA 12-Dec-1997 - [1997] EWCA Civ 2983; [1998] PIQR P407
 
Creutzfeld Jakob Disease Litigation; Newman and Others v Medical Research Council and Another Times, 20 December 1997; [1997] EWCA Civ 2749; [2000] Lloyds Law Rep (Medical) 161
20 Dec 1997
CA
Morland J
Personal Injury
The claimants had been negligently injected as children with Hartree HGH, a human growth hormone that exposed them to the risk of contracting CJD. One issue was whether this rendered the defendants liable for psychiatric illness caused by the shock of learning of the risk to which they had been exposed. Held: Litigation for Creutzfeld Jacob Disease cut off date for litigation; those receiving treatment before and after must show would have stopped. "I can see no logical reason why foreseeability of or responsibility for shock and psychiatric injury should be limited to an area of time contemporaneous or almost contemporaneous to the negligent physical event i.e. the injection of Hartree HGH. If the psychiatric injury was reasonably foreseeable it should be untrammelled by spatial physical or temporal limits (see per Lord Scarman in McLoughlin at page 414A)."
1 Citers

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(Un-named) C1/96(CRS) [1996] NISSCSC C1/96(CRS)
29 Dec 1997
NISSCS

Personal Injury, Benefits, Damages
Appeal by the claimant against the decision of a Social Security Appeal Tribunal and it relates to a certificate in respect of compensation recovery.
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