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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: 1998 To: 1998

This page lists 122 cases, and was prepared on 02 April 2018.

 
Jonathan Andrew Mcevoy v A A Welding and Fabrication Ltd [1998] PIQR 266; [1997] EWCA Civ 2921
1998
CA

Personal Injury, Limitation
Where a first writ issued within the primary limitation period is itself ineffective (although not a nullity) through having been issued variously without consent against a company in liquidation. Held: The Walkley principle does not apply to defeat in limine a second action, notwithstanding that in each of those cases the defect was recognised to be curable by the late grant of leave.
Limitation Act 1980 33
1 Cites

1 Citers

[ Bailii ]

 
 Nicol v Scottish Power plc; 1998 - 1998 SLT 822
 
Wiesniewski v Central Manchester Health Authority [1998] PIQR 324
1998
CA
Brooke LJ
Personal Injury
Brooke LJ stated the following principles: "From this line of authority I derive the following principles in the context of the present case: (1) In certain circumstances a court may be entitled to draw adverse inferences from the absence or silence of a witness who might be expected to have material evidence to give on an issue in an action.
(2) If a court is willing to draw such inferences, they may go to strengthen the evidence adduced on that issue by the other party or to weaken the evidence, if any, adduced by the party who might reasonably have been expected to call the witness.
(3) There must, however, have been some evidence, however weak, adduced by the former on the matter in question before the court is entitled to draw the desired inference: in other words, there must be a case to answer on that issue.
(4) If the reason for the witness's absence or silence satisfies the court, then no such adverse inference may be drawn. If, on the other hand, there is some credible explanation given, even if it is not wholly satisfactory, the potentially detrimental effect of his/her absence or silence may be reduced or nullified."
1 Citers



 
 Gibson v McAndrew Wormald and Co Ltd; 1998 - [1998] SLT 562
 
Graham v Marshall Food Group Ltd 1998 SLT 1448
1998
OHCS

Scotland, Personal Injury
The pursuer sought damages after a tripping accident in which the pursuer sustained bruising of her buttock and ligamentous and muscular strain involving the lumbar and lumbo-sacral region of the spine and the left shoulder joint. The pain in her shoulder resolved after about nine months, and her lower back pain only occasionally recurred by the date of the proof, some two and half years after the accident. There was no question of any adjustment disorder or other psychological consequences.
1 Citers


 
Langley v Dray [1998] 5 PIQR P314
1998


Personal Injury


 
David George Allen v Hartwells Garages Limited [1998] EWCA Civ 17
14 Jan 1998
CA

Personal Injury

[ Bailii ]
 
Darren Jason Hammond Tina Andrea Smith v Victor Gill Ronald Sydney Page [1998] EWCA Civ 29
16 Jan 1998
CA

Road Traffic, Personal Injury, Negligence

[ Bailii ]
 
Carroll; Carroll; Carroll; Carroll (an Infant Suing By her Father and Next Friend Alan Carroll) v Fearon; Bent; SP Tyres (Uk) Limited; BTR Plc and Dunlop Limited [1998] EWCA Civ 40
20 Jan 1998
CA

Personal Injury, Road Traffic

[ Bailii ]
 
L (a Minor) (By her Father and Next Friend) [1998] EWCA Civ 54
22 Jan 1998
CA

Professional Negligence, Personal Injury

[ Bailii ]
 
Griffiths and Others v British Coal Corporation and Another (Summary) [1998] EWHC 2008 (QB)
23 Jan 1998
QBD
Turner J
Health and Safety, Personal Injury

[ Bailii ]
 
Fuller (By her Mother and Next Friend Fuller) v Norfolk College of Arts and Technology [1998] EWCA Civ 82
27 Jan 1998
CA

Personal Injury

[ Bailii ]
 
Mitchell v Laing Times, 28 January 1998
28 Jan 1998
IHCS

Personal Injury
Court making personal injury damages award must identify each element of award against statutory criteria for recoupment of benefits.
Social Security (Recovery of Benefits) Act 1997 15(2)

 
Alan Derek Wright v Terence Alfred Steele [1998] EWCA Civ 122
2 Feb 1998
CA

Animals, Personal Injury, Litigation Practice

[ Bailii ]
 
Edward Ginnelly v News International Newspapers Limited [1998] EWCA Civ 143
4 Feb 1998
CA
Lord Woolf MR, Lord Justice Potter, Lord Justice May
Personal Injury
The claimant sought damages for injuries suffered at work. He had injured his back, and appealed the award. The employer asserted that he had suffered a soft tissue injury but that that had healed, and any later back difficulties were not proven to arise from this injury. Held: The medical evidence was conflicting, but the decision reached by the judge was not to be disturbed.
[ Bailii ]
 
Elizabeth Pauk v Camden and Islington Health Authority S Parbhoo [1998] EWCA Civ 144
4 Feb 1998
CA

Professional Negligence, Personal Injury

[ Bailii ]

 
 Gorman v British Airways Plc; CA 4-Feb-1998 - [1998] EWCA Civ 146
 
Sheena Walker v London Economics Limited [1998] EWCA Civ 167
5 Feb 1998
CA

Personal Injury, Litigation Practice

[ Bailii ]
 
Regina v Ministry of Defence ex parte Walker [1998] EWHC Admin 157
9 Feb 1998
Admn
Latham J
Personal Injury, Armed Forces
The court dismissed the plaintiff's request for judicial review of the refusal of the Criminal Injuries Compensation (Overseas) Scheme. He was injured serving as a United Nations Peacekeeper in Bosnia, from a single round fired into the block by a Serbian tank. It is not known whether the tank aimed its fire at the accommodation block or whether it was an accident while it was shooting at something else. However, nearby British and Canadian forces immediately responded with rocket and high explosive fire, clearly treating it as a warlike act. For the purpose of this appeal the Ministry has regarded it as a deliberately aimed shot at the peacekeeping unit's base. Held: The court rejecte dthe proposed argument distinguishing between war operations or military activity by warring factions on the one hand and an international crime on the other.
Latham J said: "The Scheme only has application where a crime has been committed. The question which has to be answered is whether the actions which constituted the crime amounted to 'military activity' in the ordinary sense of that phrase. I readily accept that the mere fact that, for example, a member of one of the warring factions in uniform shot at and killed or injured a peacekeeping soldier would not of itself lead to the inference that that person was engaged in 'military activity'. An individual act of violence may not, without more, have the necessary qualities of planning or cohesive action which would justify that description. But it seems to me that an attack by a tank on an observation post and accommodation such as the attack on the Maglaj School in the present case, does have those qualities. It follows that the Respondent was, in my judgment, entitled to conclude that the injuries sustained by the Applicant, albeit that they were sustained as a result of a crime of violence, fell within the exception set out in the policy."
1 Citers

[ Bailii ]
 
Orrin v Ashcroft [1998] EWCA Civ 199
10 Feb 1998
CA

Road Traffic, Personal Injury
Appeal against striking out.
[ Bailii ]

 
 Limb v Union Jack Removals Limited (In Liquidation) and Honess; CA 10-Feb-1998 - [1998] 2 All ER 513; [1998] EWCA Civ 200; [1998] 1 WLR 1354; [1999] PIQR P16
 
Ratcliffe v Plymouth and Torbay Health Authority and Another [1998] EWCA Civ 2000; (1998) 42 BMLR 64; [1998] Lloyds Rep Med 162; [1998] PIQR P170
11 Feb 1998
CA

Professional Negligence, Personal Injury

[ Bailii ]
 
Hunter v British Coal Corporation, Cementation Mining Company Times, 27 February 1998; Gazette, 25 March 1998; [1998] EWCA Civ 205; [1998] 2 All ER 97
11 Feb 1998
CA

Damages, Personal Injury
A workman, who did not see an accident, but suffered shock after thinking that he had caused the death, was not able to recover damages. His injury was too remote from the accident.
[ Bailii ]
 
Robert Lownes v Babcock Power Limited Times, 19 February 1998; Gazette, 08 April 1998; [1998] EWCA Civ 211; [1998] TLR 84
11 Feb 1998
CA

Legal Professions, Personal Injury, Litigation Practice
Where a substantial delay by a solicitor leads to an unless order and puts his client at risk of having case his dismissed, the solicitor should ensure that independent advice is given. An 'unless order' is preliminary to a striking out order.
1 Citers

[ Bailii ]
 
O'Brien v Moyes and Mendip Music Limited [1998] EWCA Civ 240
13 Feb 1998
CA

Personal Injury, Damages

[ Bailii ]
 
Ann Fleet v Wrexham Maelor Hospital NHS Trust [1998] EWCA Civ 256
17 Feb 1998
CA

Negligence, Personal Injury
The plaintiff appealed refusal of her claim for damages having slipped in the snow at work in the grounds of the hospital. Held: The appeal was dismissed. "It is an inescapable fact of life that in this country sudden snow falls will, from time to time, make walking hazardous. It is undoubtedly the duty of the hospital to have a snow clearance plan or policy to combat those dangers for persons walking in its grounds, so far as is reasonably practicable, but no amount of policy or planning will guarantee freedom from hazard after the sudden fall of a blanket of snow, especially if the snow is continuing to fall. "

 
Bryan Ward v Newalls Insulation Company Limited v Cape Contracts Limited [1998] EWCA Civ 287
19 Feb 1998
CA

Personal Injury, Health and Safety

[ Bailii ]
 
Elizabeth Sarah Hewitt v Post Office [1998] EWCA Civ 319
23 Feb 1998
CA

Personal Injury

[ Bailii ]
 
Burac Oksuzoglu (By Alev Ahmet her Mother and Next Friend) v Stewart Kay and Kenneth Leslie Oldershaw Times, 26 February 1998; [1998] EWCA Civ 215; [1998] 2 All ER 361
26 Feb 1998
CA

Personal Injury, Costs
A party seeking not to obtain an up to date medical report when serving proceedings must obtain the consent of other side or of the court first. The Court asking itself as to costs, where far less is recovered, either generally or under a particular issue, than had been sought by a party, as to who, as a matter of substance and reality, had truly won.
Rules of the Supreme Court Order 18 Rule 12(1A)
1 Citers

[ Bailii ]
 
Ward v Newalls Insulation Co Ltd Times, 05 March 1998; Gazette, 16 April 1998
5 Mar 1998
CA

Personal Injury
Damages awarded for loss of earnings after personal injury to a partnership member were not to be reduced purely because of internal arrangement made to improve the partnership's tax situation.

 
Regina v Criminal Injuries Compensation Board ex parte Kent and Milne [1998] EWHC Admin 267; [1998] 1 WLR 1458
6 Mar 1998
Admn

Personal Injury
The court applied the test of "the reasonable and literate man" to questioning the action of the Board.
1 Citers

[ Bailii ]
 
Janet Gladys Bateman v David Goodman [1998] EWCA Civ 412
6 Mar 1998
CA

Road Traffic, Personal Injury, Negligence

[ Bailii ]
 
Mabel Maddox (Widow of Steven Maddox and Administratrix of her Estate) v Keith Pierce [1998] EWCA Civ 484
18 Mar 1998
CA

Personal Injury, Litigation Practice
Whether to admit expert evidence though disclosed late.
[ Bailii ]
 
Hugh Kennedy v JS Bloor Services Limited [1998] EWCA Civ 497
19 Mar 1998
CA

Personal Injury
Application for leave to appeal out of time.
[ Bailii ]
 
Clarke v South Yorkshire Transport Ltd [1998] EWCA Civ 503
19 Mar 1998
CA

Personal Injury, Damages

1 Cites

1 Citers

[ Bailii ]
 
Charles Edward Jason Cornell v Robert James Sterland Green [1998] EWCA Civ 510
20 Mar 1998
CA

Personal Injury, Damages

[ Bailii ]
 
George William Fortescue v Tellings Golden Miller Limited [1998] EWCA Civ 572
30 Mar 1998
CA
Beldam LJ, Bracewell LJ
Health and Safety, Personal Injury

[ Bailii ]
 
Blantern v William Birch and Sons Limited Tucker and Tunstalls Limited [1998] EWCA Civ 575
31 Mar 1998
CA

Negligence, Personal Injury

[ Bailii ]
 
Craig William Langley v (L) Kirk James Dray and M T Motor Policies at Lloyd's [1998] EWCA Civ 578
31 Mar 1998
CA

Personal Injury, Road Traffic, Police

[ Bailii ]
 
John Gary Britland v East Midland Motor Services Ltd [1998] EWCA Civ 590
1 Apr 1998
CA

Negligence, Road Traffic, Personal Injury

[ Bailii ]
 
Marvin John Pearson v Anthony Lightning Times, 30 April 1998; Gazette, 20 May 1998; [1998] EWCA Civ 591
1 Apr 1998
CA
Lord Justice Simon Brown, Lord Justice Otton, Sir Christopher Slade
Personal Injury, Negligence
The parties were golfers playing different holes at the same time. The shot of one hit the other in the eye. The shot was a recovery shot over where he should have known others would be playing. Where a golfer hit a shot which was difficult but carried a clear if small risk of injury to someone else on the course, then he was liable in negligence for a resulting injury. The outcome of any case concerning golf course injuries must depend on its particular facts.
1 Cites

[ Bailii ]
 
Lorraine Jean Clarke v Debenhams Plc [1998] EWCA Civ 624
3 Apr 1998
CA

Litigation Practice, Personal Injury

[ Bailii ]
 
Stacey v Smith and Anotherr [1998] EWCA Civ 636
3 Apr 1998
CA

Personal Injury, Damages

[ Bailii ]
 
Regina v Criminal Injuries Compensation Authority ex parte Leatherland and Criminal Injuries Compensation Board ex parte Bramall and Criminal Injuries Compensation Panel ex parte Kay [1998] EWHC Admin 406
4 Apr 1998
Admn

Personal Injury, Natural Justice

1 Cites

[ Bailii ]

 
 Henderson v Temple Pier Company Limited; CA 23-Apr-1998 - Gazette, 20 May 1998; Times, 02 May 1998; [1998] EWCA Civ 690
 
Holmes v Devon County Council [1998] EWCA Civ 703
24 Apr 1998
CA

Personal Injury

[ Bailii ]

 
 Burns v Shuttlehurst Limited and McGroarty General Accident Fire and Life Assurance Corporation Plc; CA 24-Apr-1998 - Times, 12 January 1999; Gazette, 10 February 1999; [1998] EWCA Civ 719
 
Terence Tranmore v T E Scudder Limited [1998] EWCA Civ 733
28 Apr 1998
CA
Roch LJ, aldous LJ, Brooke LJ
Personal Injury, Damages
Psychiatric damage following the death of a son after alleged negligence by defendant.
1 Cites

[ Bailii ]
 
Sean Andrew Bramley (an Infant Suing By her Mother and Next Friend Sally Ann Bramley) v Karl Pipes Christopher Satchwell [1998] EWCA Civ 737
29 Apr 1998
CA

Personal Injury

[ Bailii ]
 
Duncan Simon Nicholas Reeves v Pegasus Group of Companies [1998] EWCA Civ 739
30 Apr 1998
CA

Personal Injury, Litigation Practice

[ Bailii ]
 
Hussain v Ejaz [1998] EWCA Civ 741
30 Apr 1998
CA

Personal Injury

[ Bailii ]

 
 Bale v Merton, Sutton and Wandsworth Health Authority; CA 8-May-1998 - [1998] EWCA Civ 800
 
Boxall v Merton Sutton and Wandsworth Health Authority [1998] EWCA Civ 829
13 May 1998
CA

Professional Negligence, Personal Injury

[ Bailii ]

 
 Nobes, Chief Constable of West Yorkshire Police v Schofield; CA 14-May-1998 - Times, 15 May 1998; [1998] EWCA Civ 838
 
McCluskey v Wallace [1998] ScotCS CSIH_120; 1998 SLT 1357; 1998 Rep LR 86; 1998 SC 711; [1998] CSIH 120; 1998 GWD 20-1005
14 May 1998
SCS
Lord Justice-Clerk (Cullen), Lord McCluskey and Lord Murray
Scotland, Personal Injury, Negligence
A child aged 10 had crossed the road without taking reasonable care to check whether traffic was coming. She was struck by a driver who was driving at an appropriate speed but had failed to notice her, and could have avoided her if he had been paying proper attention. Held: The assessment of the child's contributory negligence at 20% was upheld.
Law Reform (Contributory Negligence) Act 1945
1 Citers

[ Bailii ]
 
Spence v Wilson and Others (No 2) Times, 18 May 1998
18 May 1998
OHCS

Personal Injury, Damages
When calculating interest on the loss of a primary family wage, the court was not to deduct benefits from such payments, and interest can be included in the total to be offset against his own liability to repay benefits.
Social Security (Recovery of Benefits) Act 1997

 
Nigel Allis; Mark Fish and Harold Edmund Thomas v Kimberley Clark Limited [1998] EWCA Civ 879
21 May 1998
CA

Personal Injury
Claimants were injured whilst engaged in team building exercise.
[ Bailii ]

 
 Perrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association); CA 22-May-1998 - Times, 23 June 1998; [1998] EWCA Civ 884; [1998] 2 Lloyd's LR 255
 
Haiselden v P and O Properties Ltd Times, 16 July 1998; Gazette, 28 May 1998; [1998] EWCH Civ 773
28 May 1998
CA
Thorpe, Mantell LJJ
Litigation Practice, Personal Injury
Where one party was a litigant in person and the other was legally represented, the legal advisers had a duty to inform the court and the other party where a patent mistake had been made. The small claim had been referred to full hearing by mistake and not to arbitration. The claim for £1000 by the LIP was mistakenly tried rather than arbitrated as a small claim, the award of costs against plaintiff should be set aside. It was wrong of a legally assisted party to take advantage.
[ Bailii ]
 
Elizabeth Ann Hearne v Susan Julie Hatchett KM [1998] EWCA Civ 923
8 Jun 1998
CA

Personal Injury, Road Traffic

[ Bailii ]

 
 Burke v Royal Infirmary of Edinburgh National Health Service Trust; OHCS 8-Jun-1998 - Times, 08 June 1998; 1999 SLT 539
 
Snell v Newalls Insulation Company Limited [1998] EWCA Civ 952
10 Jun 1998
CA

Personal Injury, Damages

[ Bailii ]

 
 Commissioner of Police for Metropolis v Gerald; CA 10-Jun-1998 - Times, 26 June 1998; [1998] EWCA Civ 946
 
Judy Christine Lague v West Kent Health Authority [1998] EWCA Civ 969
11 Jun 1998
CA

Professional Negligence, Personal Injury

[ Bailii ]
 
Marion Clark v L A Fiegel and Paul Stapley T/A Corporate Balloon Company; Paul Stapley and Payne Marsh Stillwell (a Firm) [1998] EWCA Civ 971
11 Jun 1998
CA

Transport, Personal Injury, Limitation
Injury in inflated balloon - defence under limitation under Warsaw Convention - arguable - leave to appeal granted.
[ Bailii ]
 
Regina v Ciminal Injuries Compensation Board ex parte Johannes Cowan [1998] EWHC Admin 625
11 Jun 1998
Admn

Personal Injury

[ Bailii ]
 
A B and others v Liverpool City Council; Nugent Care Society (Formerly Catholic Social Services [Liverpool]) and Trustees of National Children's Home and Orphanage Registered [1998] EWCA Civ 1000
15 Jun 1998
CA

Personal Injury, Litigation Practice, Limitation

1 Citers

[ Bailii ]
 
Houghton v Cheshire Carpentry Construction Ltd [1998] EWCA Civ 1007
16 Jun 1998
CA

Personal Injury, Damages
The plaintiff sought leave to appeal out of time against the level of damages awarded to him after he was severely injured in a fall at work.
[ Bailii ]
 
Daniels v H J Heinz Limited [1998] EWCA Civ 1011
16 Jun 1998
CA

Personal Injury

[ Bailii ]
 
Doyle (By Her Mother and Next Friend) v Wallace Times, 22 July 1998; Gazette, 29 July 1998; [1998] EWCA Civ 1030; [1998] PIQR Q146
18 Jun 1998
CA
Nourse LJ, Otton LJ, Chadwick LJ
Personal Injury, Damages
A court awarding personal injury damages could make allowance for a prospective increase in salary which a claimant might have achieved upon completion of qualifications. In this case an increase was allowed at half up from an administrative pay rate to a drama teacher's pay rate.
1 Citers

[ Bailii ]

 
 Beckford (an Infant By her Mother and Next Friend Alleyne) v Weston; CA 22-Jun-1998 - [1998] EWCA Civ 1053

 
 Sharp By her Next Friend Sharp v Pereira and Motor Insurers' Bureau; CA 24-Jun-1998 - [1998] EWCA Civ 1085; [1999] RTR 125; [1998] PIQR Q129; [1999] 1 WLR 195; [1998] 4 All ER 145
 
Culwick v Devon County Council [1998] EWCA Civ 1103
29 Jun 1998
CA

Personal Injury, Negligence

[ Bailii ]
 
Pickford v Imperial Chemical Industries Plc Times, 30 June 1998; [1998] UKHL 25; [1998] 3 All ER 462; [1998] 1 WLR 1189
30 Jun 1998
HL
Lord Goff of Chieveley, Lord Jauncey of Tullichettle Lord Slynn of Hadley, Lord Steyn, Lord Hope of Craighead
Personal Injury, Health and Safety
In the absence of conclusive evidence establishing a cause of a condition, the judge was free to find that causation was not established and that the claim was lost. There was no necessary obligation on an employer to have procedures which might create claims.
1 Cites

1 Citers

[ Bailii ]
 
Rayment v Ministry of Defence Times, 06 July 1998
6 Jul 1998
QBD

Personal Injury
Although normal rule in medical negligence cases was that a plaintiff's experts' reports should be disclosed first, some circumstances would justify order for simultaneous disclosure. Usual rule is designed to save duplication of effort and to save costs.

 
Chapman v London Borough of Barking and Dagenham [1998] EWCA Civ 1200
13 Jul 1998
CA

Nuisance, Personal Injury
The plaintiff was severely injured when a branch was broken from a tree in a high wind, and fell onto the van he was driving. The land-owner appealed a finding of liability in nuisance. Held: The local authority were also the highway authority, and it was the defendants’ duty regularly to inspect the tree for signs of danger, and to do what was necessary to maintain the tree in a safe condition. The evidence was that the danger arose from earlier prunings. The appeal was in effect an appeal on the facts, and therefore failed.
1 Cites

[ Bailii ]

 
 Wells v Wells; Thomas v Brighton Health Authority; etc; HL 16-Jul-1998 - Times, 20 July 1998; Gazette, 16 September 1998; [1998] UKHL 27; [1999] 1 AC 345; [1998] 3 WLR 329; [1998] 3 All ER 481; [1998] PIQR Q56; [1998] IRLR 536; [1998] 2 FLR 507; (1998) 43 BMLR 99; [1998] Fam Law 593

 
 Henderson v WA Mallett and Co; CA 21-Jul-1998 - [1998] EWCA Civ 1247
 
Anthony Rogan v Waterseal (Waterbar and Sealants) Limited [1998] EWCA Civ 1245
21 Jul 1998
CA

Personal Injury
Application for extension of time to appeal against damages assessed.
[ Bailii ]
 
Norman Milner v Hepworth Heating Limited [1998] EWCA Civ 1315
28 Jul 1998
CA

Personal Injury, Limitation

[ Bailii ]
 
Iane Brandenburgo Curi v Louis Ignacia Colina [1998] EWCA Civ 1326
29 Jul 1998
CA

Personal Injury, Damages

[ Bailii ]
 
Regina v Criminal Injuries Compensation Board ex parte Kavanagh and others Times, 25 August 1998; Gazette, 16 September 1998; [1998] EWHC Admin 801
30 Jul 1998
Admn

Personal Injury, Damages
The fact that the care received by a child, whose mother had been murdered, was equivalent to the care received from the mother should be disregarded when calculating loss of mother's care.
1 Cites

[ Bailii ]
 
Leach v Chief Constable of Gloucestershire Constabulary Times, 04 September 1998; [1998] EWCA Civ 1368; [1999] 1 All ER 215; [1999] 1 WLR 1421
31 Jul 1998
CA
Henry LJ, Pill LJ, Brooke LJ
Personal Injury, Police
It was arguable that the police owed a duty of care in negligence to a volunteer they called in to act as appropriate adult in harrowing and traumatic police interviews, and who later suffered nervous shock and stress as a result. The claimant had acted as such in an infamous multiple murder case.
1 Cites

[ Bailii ]
 
Armstrong and others v British Coal Corporation (2) [1998] EWCA Civ 1359; [1998] CLY 975
31 Jul 1998
CA
Simon Brown, Judge, Buxton LJJ
Personal Injury, Health and Safety
The corporation appealed against a decision that it was liable to the plaintiffs (representatives of 25,000 other plaintiffs) for damages for Vibratory White Finger.
Health and Safety at Work Act 19745
[ Bailii ]
 
Jenkins v Holt [1998] EWCA Civ 1393
13 Aug 1998
CA

Personal Injury

[ Bailii ]
 
David Alan Edgar v South Staffordshire District Council and others [1998] EWCA Civ 1392
13 Aug 1998
CA

Personal Injury, Litigation Practice

[ Bailii ]
 
Regina v Criminal Injuries Compensation Board ex parte Kent [1998] EWCA Civ 1399
14 Aug 1998
CA

Personal Injury
Application for leave to appeal.
1 Cites

[ Bailii ]
 
Gates v Mckenna [1998] EWHC 2006 (QB); (1999) 46 BMLR 9; [1998] Lloyd's Rep Med 405
14 Aug 1998
QBD
Toulson J
Personal Injury, Negligence
The plaintiff suffered schizophrenia after taking part in an on-stage hypnosis performance by the defendant. Held. The claim failed: "it is highly improbable that the onset of the plaintiff's schizophrenia had anything to do with his participation in the hypnotism show in which he took part. The only conceivable way in which there could be a causative link would be by classifying the experience as a life event and postulating that the stress which it generated was responsible for triggering the disease."
Hypnotism Act 1952
1 Cites

[ Bailii ]
 
Alexander and Others v Midland Bank Plc Gazette, 26 August 1998
26 Aug 1998
MCLC

Personal Injury
(Mayor’s and City of London Court) In claim for repetitive strain injury for typists in absence of obvious physical damage was on balance not psychosomatic. Plaintiffs could show more than passing pain and discomfort and the scheme of work imposing heavy burden was the cause.
1 Cites

1 Citers


 
Taylor v Leslie Times, 24 September 1998
24 Sep 1998
OHCS

Personal Injury
Where assessing if deceased was engaged in a joint criminal enterprise in joy-riding, the court should make allowance for the context of an island community where such behaviour though criminal would not have been serious

 
Mighell v Reading and Another and Evans v Motor Insurers Bureau and White v White and Another Times, 12 October 1998; [1998] EWCA Civ 1465; [1999] 1 LLR 30
30 Sep 1998
CA
Hobhouse LJ
European, Personal Injury, Road Traffic, Insurance
Passengers were injured in motor vehicles. The drivers were uninsured, and the MIB had declined to make payment. The doctrine of direct effect did not apply where the allegation was that the Motor Insurers Bureau arrangement did not comply with a European Directive. It was not clear whether the Bureau was an emanation of state, but government had had a choice of institutions through which to implement the Directive. As to the nature of the MIB: "Its members are private law insurance companies who have chosen for the time being to write motor insurance business. It is true that they have a statutory position in that it is compulsory for the user of a motor vehicle on the road to take out a policy with a company which is a member of the Bureau. (Section 145 of the Road Traffic Act, 1988). But the Motor Insurers' Bureau scheme has been in existence from a time earlier than the United Kingdom's membership of the European Communities (or Union) and agreements between the Bureau and the Secretary of State relating to uninsured drivers and untraced drivers have long formed part of that scheme."
1 Cites

1 Citers

[ Bailii ]
 
Garrett v Wilson Davies and Co (a Firm) [1998] EWCA Civ 1469
2 Oct 1998
CA

Personal Injury, Damages, Benefits

[ Bailii ]
 
Lesley Hird v Milner (Trading As Versatile Ceramics) [1998] EWCA Civ 1481
5 Oct 1998
CA

Personal Injury, Road Traffic

[ Bailii ]
 
Black v Braer Corporation and Others Times, 12 October 1998
12 Oct 1998
OHCS

Personal Injury
A person claiming under the Act was able to claim not only for physical damages suffered as a result of breach of the Act but also for psychological harm suffered. Wrong to limit damage to physical harm once liability admitted for personal injury.
Merchant Shipping (Oil Pollution) Act 1971 1 12


 
 Shanley v Mersey Docks and Harbour and General Vargos Shipping Inc; CA 12-Oct-1998 - [1998] EWCA Civ 1521
 
Curi v Colina Times, 14 October 1998
14 Oct 1998
CA

Personal Injury, Litigation Practice
A chance of 'serious . . disease or deterioration' must be a measurable risk rather than merely fanciful. There must be a possibility of deterioration, but there is no need to show more than a possibility.
County Courts Act 1984 51
1 Cites


 
McLelland v Greater Glasgow Health Board Times, 14 October 1998
14 Oct 1998
OHCS
Lord Macfadyen
Personal Injury, Scotland
(Scotland) Where a hospital had negligently failed to diagnose a foetus with Down's Syndrome, it became liable to the father as well as the mother for damages for initial shock and distress and continued emotional stress bringing up a Down's child.
[ Bailii ] - [ ScotC ]
 
Denis v Hamer Ford Limited [1998] EWCA Civ 1539
14 Oct 1998
CA

Personal Injury, Road Traffic

[ Bailii ]
 
Christopher Humphrey Sykes v Derek Harry [1998] EWCA Civ 1533
14 Oct 1998
CA
Simon Browne LJ
Personal Injury, Landlord and Tenant
The plaintiff sought damages against the defendant after he was severely injured by inhaling carbon monoxide fumes whilst a tenant of the defendant. The defendant sought to strike out the claim, saying that the plaintiff had himself maintained the fire which caused the injury. Held. The strike out application was misconceived and failed.
Defective Premises Act 1972 4 - Landlord and Tenant Act 1985 11
1 Citers

[ Bailii ]
 
Reed v Sunderland Health Authority Times, 16 October 1998
16 Oct 1998
CA

Personal Injury
The Judicial Studies Board Guidelines are useful and authoritative summaries of the law, but they are not part of any statutory system, and have no overriding force of law. Original law sources to be examined also.

 
Ieuan Davies v Paula Marie Inman [1998] EWCA Civ 1606
23 Oct 1998
CA

Personal Injury, Damages

[ Bailii ]
 
James Mcnulty v Marshalls Food Group Ltd 1999 SC 195
23 Oct 1998
SCS
Lord Macfadyen
Scotland, Personal Injury

1 Citers

[ ScotC ]
 
Asher, Carmichael v Thompson and Motor Insurers' Bureau [1998] EWCA Civ 1624
27 Oct 1998
CA

Personal Injury, Insurance, Road Traffic

[ Bailii ]
 
Gray v The Criminal Injuries Compensation Board [1998] ScotCS 39
28 Oct 1998
OHCS
Lord Coulsfield
Scotland, Personal Injury

1 Cites

[ Bailii ] - [ ScotC ]
 
Plews v British Railways Board [1998] EWCA Civ 1650
30 Oct 1998
CA

Personal Injury

[ Bailii ]
 
Tilley v Booker Food Service Group Limited [1998] EWCA Civ 1669
3 Nov 1998
CA

Personal Injury, Litigation Practice

[ Bailii ]

 
 Watt v Fairfield Shipbuilding and Engineering Company Limited and Upper Clyde Shipbuilders Ltd and Energy and Marine (Weirside) Limited; SCS 3-Nov-1998 - [1998] ScotCS 48
 
Frederick Perry v West Midlands Precision Engineering Ltd [1998] EWCA Civ 1677
4 Nov 1998
CA

Personal Injury

[ Bailii ]
 
Andrew Paul Stevenson v Edmund Barry Rodbourne [1998] EWCA Civ 1689
5 Nov 1998
CA

Personal Injury, Road Traffic

[ Bailii ]
 
Thomas Chapman v Tangmere Airfield Nurseries Limited [1998] EWCA Civ 1730
9 Nov 1998
CA

Personal Injury

[ Bailii ]
 
Kieron Brady v Sunderland Association Football Club Ltd [1998] EWCA Civ 1780
17 Nov 1998
CA

Personal Injury, Professional Negligence
The plaintiff appealed refusal of his claim for damages. He had suffered injury whilst training for football, and alleged negligence agains the club and its doctors. He accepted that his contract imposed no higher duty than the standard one. The judge had found the condition to be one which a doctor might see once in his lifetime. Held: The appeal was dismissed: "Only in rare cases will this court do so either because the judge has misunderstood some important evidence, misconstrued or overlooked documentary evidence inconsistent with his findings or for some other reason this court is convinced that he has reached the wrong conclusion notwithstanding his advantage of seeing and hearing the witnesses."
[ Bailii ]
 
Chapman v Thornally [1998] EWCA Civ 1792
19 Nov 1998
CA

Personal Injury, Limitation

Limitation Act 1980 33(1)
[ Bailii ]
 
Dawn Jacob v Tesco Stores Plc [1998] EWCA Civ 1793
19 Nov 1998
CA

Personal Injury

[ Bailii ]
 
Henderson v WA Mallett and Co [1998] EWCA Civ 1836
25 Nov 1998
CA

Personal Injury, Damages

[ Bailii ]

 
 Watson v Gray and Another; QBD 26-Nov-1998 - Times, 26 November 1998
 
Shikari (Widow Adminstratrix of the Estate of Mohammed Shikari- Deceased) v Malik [1998] EWCA Civ 1877; [1999] EWCA Civ 1344
30 Nov 1998
CA

Personal Injury

[ Bailii ] - [ Bailii ]
 
Practice Note (Vibration White Finger Actions) (No 2) Times, 01 December 1998
1 Dec 1998
LCJ

Personal Injury
Following the retirement of Judge Stephenson, the vibration white finger cases will now be supervised by Mrs Justice Smith.

 
Wisely v John Fulton (Plumbers) Ltd Times, 02 December 1998
2 Dec 1998
IHCS

Personal Injury, Benefits, Damages
Benefits which might be payable or recoverable in respect of damages should not be disregarded when the court considers what elements are to be allowed interest when calculating personal injury damages.
1 Cites

1 Citers



 
 White, Frost and others v Chief Constable of South Yorkshire and others; HL 3-Dec-1998 - Gazette, 13 January 1999; [1999] 1 All ER 1; [1999] 2 AC 455; [1998] UKHL 45; [1999] ICR 216; [1998] 3 WLR 1509; [1999] IRLR 110; (1999) 45 BMLR 1
 
Susan Manning v Ann Hope (t/a the Priory) Times, 18 February 2000; [1998] EWCA Civ 1930
8 Dec 1998
CA

Personal Injury, Damages
Where there was an award of damages for personal injuries arising under the Act, the judge was obliged to make some reference to the statutory duties under the Act and his findings relative to them. In the absence of a finding of a breach of duty, the judgment could not be allowed to stand.
Occupiers' Liability Act 1984
[ Bailii ]
 
Mccarthy v Recticel Ltd Times, 11 December 1998; Gazette, 13 January 1999
11 Dec 1998
QBD

Personal Injury
Where there had been an unconscionable delay in the prosecution of an action, the defendant could show sufficient to show prejudice where an intervening change in the benefits recoupment regulations very substantially increased the amounts payable.
Social Security (Recovery of Benefits) Act 1997

 
Practice Direction (Queen's Bench Division: Organophosphate Litigation) Times, 31 December 1998
31 Dec 1998
QBD

Personal Injury
Directions given for future conduct of all personal injury cases alleging damage caused through use of organophosphates in sheep dips. Cases to be commenced in central office Queen's Bench Division, and existing cases transferred there, for Master Miller.

 
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