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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: 1999 To: 1999

This page lists 118 cases, and was prepared on 02 April 2018.

 
McNulty v Marshalls Food Group Ltd Times, 07 January 1999; [1998] ScotCS 35; 1999 SC 195
7 Jan 1999
OHCS

Personal Injury
(Scotland) The pursuer had no pre-existing degenerative condition of his lower spine, although he had degenerative changes in his cervical spine. As a result of an accident he sustained a prolapsed inter vertebral disc in his lumbar spine as a result of which he required a discectomy, and he also sustained an injury to his neck which precipitated symptoms of pain and restriction of movement. Held: The English decision in Wells v Wells on the calculation of lump sums to be awarded for future care and loss of earnings is to be applied in Scotland. It had included consideration of a Scottish case which previously applied.
1 Cites

1 Citers

[ Bailii ]
 
Wadey v Surrey County Council Times, 08 January 1999; Gazette, 27 January 1999
8 Jan 1999
CA

Personal Injury, Benefits, Damages
The effect of benefits should be disregarded when calculating interest payable on past loss of earnings damages. The new legislation did not restore the common law position, but excluded benefits from not only the basic calculations, but the interest also.
Social Security (Recovery of Benefits) Act 1997 - Social Security Administration Act 1992

 
Jude v Elliott Medway Limited [1999] EWCA Civ 543
12 Jan 1999
CA

Limitation, Personal Injury

Limitation Act 1980 14 33
[ Bailii ]
 
Charles Basten v I V Jacobs and Oscars (a Firm) [1999] EWCA Civ 551
13 Jan 1999
CA
Simon Brown LJ, Wilson J
Personal Injury, Damages

[ Bailii ]
 
Abdul Shakoor Chaudhry v Computacenter Limited [1999] EWCA Civ 549
13 Jan 1999
CA
Simon Brown LJ, Wilson J
Personal Injury
Application for leave to appeal out of time.
[ Bailii ]
 
Owen Mckane v H Corcoran Building Limited [1999] EWCA Civ 582
15 Jan 1999
CA

Health and Safety, Personal Injury
Plaintiff's appeal against dismissal of claim for personal injuries incurred falling from ladder at work.
[ Bailii ]
 
Allen Edward Brannan v Airtours Plc Times, 01 February 1999; [1999] EWCA Civ 588
18 Jan 1999
CA
Auld, Ward LJJ
Personal Injury, Transport
The judge at first instance had set the level of contributory negligence too high. He looked at the defendant's apparent folly rather than looking to the defendant's folly in exposing the defendant to the risk, and promoting that folly by providing free drinks.
Law Reform (Contributory Negligence) Act 1945
1 Citers

[ Bailii ]

 
 Thoburn v Northumberland County Council; CA 19-Jan-1999 - [1999] EWCA Civ 607
 
Philip Charles Le Petit v Feltham Tyres Ltd [1999] EWCA Civ 606
19 Jan 1999
CA

Personal Injury, Damages

[ Bailii ]

 
 Jacobs v Coster, Avon Insurance; CA 25-Jan-1999 - [1999] EWCA Civ 647; [2000] Lloyd's Rep IR 506
 
Matthew Gordon Smeed v Jamie Sparrow [1999] EWCA Civ 691
1 Feb 1999
CA

Personal Injury

[ Bailii ]
 
Anton Grant (a Minor Suing By her Mother and Next Friend) v Harry Barker [1999] EWCA Civ 702
3 Feb 1999
CA

Personal Injury

[ Bailii ]
 
Moses Fano Sithole and others v Thor Chemical Holdings Limited and Desmond John Cowley [1999] EWCA Civ 706
3 Feb 1999
CA

Personal Injury, Health and Safety, Limitation

[ Bailii ]
 
Major v Wilcox [1999] EWCA Civ 712
4 Feb 1999
CA

Personal Injury, Damages

Fatal Accidents Act 1976
[ Bailii ]
 
Colin John Rosser v Paul Lindsay Gazette, 17 March 1999; Times, 25 February 1999; [1999] EWCA Civ 708
4 Feb 1999
CA

Road Traffic, Personal Injury
The use of mirrors when manouvering a road vehicle is only advisory under the Highway Code. It is not mandatory, and a judge could not be criticised for not requiring such a counsel of perfection in a situation where a vehicle was being driven within a builder's yard.
[ Bailii ]
 
Regina v Ministry of Defence, Ex Parte Walker Times, 11 February 1999; [1999] EWCA Civ 726; [1999] PIQR Q168; [1999] 1 WLR 1209
5 Feb 1999
CA
Auld, Chadwick LJJ, Sir Christoper Staunton
Personal Injury, Armed Forces
The scheme provided by the Ministry of Defence to compensate soldiers for being injured by criminal acts did not cover a wound inflicted by a shell fired from a tank whilst on peacekeeping duties. This was akin to a war injury.
Auld LJ said: "there is no irrationality in the Ministry's adoption of the Scheme in its original or amended form. The purpose of the exclusion is to produce as nearly as possible some parity in the recovery of compensation for crime by military personnel abroad with that available to those injured by crime at home. To achieve that, it seeks to remove from the Scheme a feature peculiar to the life of a member of the armed services abroad in a theatre of war or where there is military activity between warring factions, but not present at home, the risk of injury from warlike behaviour. In my view also, the Ministry was entitled to develop the Scheme with the problems of the type posed by Bosnia particularly in mind, just as it was entitled to take the view that the circumstances in Northern Ireland were materially different from those in Bosnia so as to warrant different policies for the two territories."
1 Cites

1 Citers

[ Bailii ]

 
 Cassin v London Borough of Bexley and Commissioner of Police for Metropolis; CA 8-Feb-1999 - Times, 15 February 1999; [1999] EWCA Civ 740
 
Cooper v P and O Stena Line Ltd Times, 08 February 1999
8 Feb 1999
AdCt

Personal Injury, Litigation Practice
A party, defending a personal injury claim, who wished to assert that the plaintiff was malingering, must accept that this is akin to an allegation of fraud, and it must be specifically pleaded. It should not be for the Plaintiff to trawl through the expert reports, filed by the defendant, to discover such allegations.
Rules of the Supreme Court Order 18 r 8(1)(a)

 
Enion v Sefton Metropolitan Borough Council [1999] EWCA Civ 743
9 Feb 1999
CA
kennedy, Laws LJJ
Personal Injury
The roadway was regularly closed off when flooded by the sea, and then cleaned up afterwards. The claimant slipped on seaweed on the road. The Council appealed against an award of damages, saying it was not practicable to close the road off to pedestrian, and that it would have been cleaned when the tide retreated. Held. The appeal was allowed. The danger was apparent to the claimant, and the council had no additional duty to her. She made a choice to proceed, and assumed the risk.
Highways Act 1980 17
1 Cites

[ Bailii ]

 
 Worrall v Powergen plc; QBD 10-Feb-1999 - Times, 10 February 1999; Gazette, 10 February 1999
 
Bailey (a Minor Suing By her Next Friend Bailey) v Armes Armes Cullens Holdings Plc Armes-Mather (By her Guardian Ad Litem) [1999] EWCA Civ 767; (1999) EGCS 21
11 Feb 1999
CA

Personal Injury

[ Bailii ]
 
O'Hara and O'Hara v R J Rye [1999] EWCA Civ 779
12 Feb 1999
CA

Personal Injury

[ Bailii ]
 
Patrick George Meade (By her Next Friend Samantha Meade) v Robert James Mason [1999] EWCA Civ 780
12 Feb 1999
CA

Personal Injury, Damages
Approval of compromise of claim.
[ Bailii ]
 
Hassall v Wirral Borough Council and North West Water [1999] EWCA Civ 777
12 Feb 1999
CA

Personal Injury, Utilities

Highways Act 1980 41 58
[ Bailii ]
 
Evans v Currall Lewis and Martin Ltd and McDonalds Transport [1999] EWCA Civ 782
12 Feb 1999
CA

Personal Injury, Health and Safety

[ Bailii ]
 
Greck v Cardiff County Council and Tucker [1999] EWCA Civ 783
15 Feb 1999
CA

Torts - Other, Personal Injury

[ Bailii ]
 
Paul James Kingston v M L Packham (Trading As Mayflower Transport) [1999] EWCA Civ 788
15 Feb 1999
CA

Personal Injury, Road Traffic

[ Bailii ]
 
Brooks v Home Office Times, 17 February 1999
17 Feb 1999
QBD

Personal Injury
A pregnant woman held in prison is entitled to expect and receive the same standard of health care for herself and her child which would be available to her in the community at large. In this case the delay had not contributed to the death of the child.

 
Geoffrey Thomas Myers v Dortex International Ltd, Axa Insurance Plc Times, 18 March 1999; [1999] EWCA Civ 813
18 Feb 1999
CA

Personal Injury
Where a defendant claimed for damages following two accidents and the second insurers wished to apportion the damages, it was wrong to join the first since this faced the plaintiff with two causation defences. The judges decision should allow explanation.
[ Bailii ]
 
Davis v Earldene Maintenance Limited First Sos Construction Limited Second Jeavons Scaffolding Limited Third Saunders Access Scaffolding (a Firm) Fourth [1999] EWCA Civ 840; QBENF 98/0242/1
23 Feb 1999
CA

Personal Injury

1 Citers

[ Bailii ]
 
O'Mahoney v Joliffe and Another Gazette, 17 March 1999; Times, 24 February 1999
24 Feb 1999
CA

Personal Injury
A motor cycle pillion passenger who knew the driver was uninsured and rode for the thrill of the ride was just as much a user of the vehicle and was unable to claim compensation from the Motor Insurers' Bureau
Motor Insurers Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1972

 
Chalk v Devizes Reclamation Company Limited Times, 02 April 1999; Gazette, 24 March 1999; [1999] EWCA Civ 849
24 Feb 1999
CA
Sir Stephen Brown Lord Justice Swinton Thomas
Negligence, Health and Safety, Personal Injury
Where a task required common-sense, and no obvious instructions were capable of avoiding a danger, an employer was not required to produce instruction and training. The judge erred in finding liability without finding what would have helped.

 
Regina v Criminal Compensation Authority ex parte Thompson [1999] EWHC Admin 178
1 Mar 1999
Admn

Personal Injury

[ Bailii ]
 
Dale v Michelin Tyre Plc [1999] EWCA Civ 886
3 Mar 1999
CA

Personal Injury, Limitation

Limitation Act 1980 33
1 Cites

[ Bailii ]
 
Rose v British Steel Plc [1999] EWCA Civ 889
3 Mar 1999
CA

Personal Injury, Litigation Practice
Automatic strike out provisions.
[ Bailii ]
 
Laurena Polson (By Her Next Friend and Mother Pauline Polson) v Dr Nihal Tissa De Silva [1999] EWCA Civ 896
4 Mar 1999
CA

Professional Negligence, Personal Injury

[ Bailii ]
 
Elizabeth Anne Hearne v Susan Julie Hatchett [1999] EWCA Civ 948
11 Mar 1999
CA

Personal Injury, Road Traffic

[ Bailii ]
 
London Ambulance Service National Health Service Trust v Swain [1999] EWCA Civ 966
12 Mar 1999
CA

Personal Injury

[ Bailii ]
 
Sharp v Pereira Gazette, 17 March 1999; [1999] 1 WLR 195
17 Mar 1999
QBD

Personal Injury
A court may make an interim award of damages against the Motor Insurer's Bureau irrespective of whether the Bureau or some insurer would be obliged to find the money.


 
 Plumb v Ayres and Ryford Limited; CA 17-Mar-1999 - Times, 11 May 1999; [1999] EWCA Civ 1010
 
Janet M Robb (Widow of David Main Robb Deceased) v Ft Everard and Sons Limited [1999] EWCA Civ 1022
18 Mar 1999
CA

Personal Injury

[ Bailii ]
 
Akel v London Borough of Havering [1999] EWHC Admin 237
18 Mar 1999
Admn

Personal Injury, Litigation Practice

[ Bailii ]

 
 Derry v Ministry of Defence; CA 18-Mar-1999 - Times, 30 March 1999; Gazette, 21 April 1999; [1999] EWCA Civ 1016; [1999] PIQR P204
 
Anthony Rogan v Waterseal (Waterbar and Sealants) Limited [1999] EWCA Civ 1014
18 Mar 1999
CA

Personal Injury, Damages

[ Bailii ]
 
CW v for Judicial Review of Criminal Injuries Compensation Board [1999] ScotCS 82; [1999] ScotCS 82
19 Mar 1999
OHCS
Lord Johnston
Scotland, Personal Injury

[ Bailii ] - [ ScotC ]
 
P Connolly v S Brown; J Moxon and D Connolly [1999] EWCA Civ 1043
19 Mar 1999
CA

Personal Injury
Application for leave to appeal out of time - road traffic accident.
[ Bailii ]
 
Taylor v IBC Vehicles Limited [1999] EWCA Civ 1040
19 Mar 1999
CA

Personal Injury, Damages

[ Bailii ]
 
Christopher Gaul v Robert Raeburn [1999] EWCA Civ 1048
22 Mar 1999
CA

Personal Injury, Professional Negligence, Damages, Health Professions

[ Bailii ]
 
Regina v Criminal Injuries Compensation Board ex parte Marsden (a Minor) By her Next Friend and Mother Marsden [1999] EWCA Civ 1067
23 Mar 1999
CA

Judicial Review, Personal Injury

[ Bailii ]

 
 Shapland v W Palmer; CA 23-Mar-1999 - Times, 31 March 1999; [1999] EWCA Civ 1061; [1999] 1 WLR 2068
 
Neasham v John Thompson (T/a Thompson and Sons) and Northern Electric Plc [1999] EWCA Civ 1082
24 Mar 1999
CA

Personal Injury

[ Bailii ]
 
Regina v Criminal Injuries Compensation Board, ex parte Kirkham [1999] EWHC Admin 268
26 Mar 1999
Admn

Personal Injury

[ Bailii ]
 
Crooks v Ebanks [1999] UKPC 17; Appeal No 32 of 1997
30 Mar 1999
PC
Lord Slynn of Hadley, Lord Steyn, Lord Clyde, Lord Hutton, Sir Andrew Leggatt
Commonwealth, Personal Injury, Police
PC (Jamaica) Whilst chasing an armed criminal, the police officer tripped, discharging his gun, which hit the claimant. She sought damages. The officer claimed immunity under the Act. Held: The dropping of the revolver and the discharging of the round were not for the purpose of vindicating and giving effect to the law, and the officer did not have immunity. In the historical context of the distinction between an action on the case and an action for trespass, a claim in respect of consequential injury arising from negligence would have been brought as an action on the case. Therefore it would have been unnecessary to provide in section 33 that: "Every action to be brought against any Constable for any act done by him in the execution of his office, shall be an action on the case as for a tort", if that section was to apply to a claim in negligence for consequential injury.
Constabulary Force Act 1935 33
1 Cites

[ Bailii ] - [ PC ] - [ PC ] - [ PC ]
 
Burrows v Forest Health Care NHS Trust [1999] EWCA Civ 1147
31 Mar 1999
CA

Personal Injury, Professional Negligence

[ Bailii ]
 
Lucy Maria Gretta O'Mahony v Thomas Anthony Joliffe Motor Insurers Bureau [1999] EWCA Civ 1181
15 Apr 1999
CA

Personal Injury, Road Traffic

[ Bailii ]
 
Linda Mary Dibb v Kirklees Metropolitan Council [1999] EWCA Civ 1180
15 Apr 1999
CA

Personal Injury, Damages

[ Bailii ]
 
Moulton v British Steel Plc [1999] EWCA Civ 1215
20 Apr 1999
CA

Personal Injury, Damages
The claimant appealed against an assessment of one-third contributory negligence in his claim for personal injuries against his employers.
[ Bailii ]
 
Cape Plc v The Iron Trades Employers Insurance Assc Ltd [1999] PIQR Q212
21 Apr 1999

Rix J
Insurance, Personal Injury
ComC An exclusion in an employers' liability policy of "pneumoconiosis" (fibrosis of the lungs caused by the inhalation of dust) does not embrace mesothelioma (cancer of the pleura or peritoneum caused by the inhalation of asbestos dust) - Asbestosis (pneumoconiosis caused by inhalation of asbestos dust) was therefore within the exclusion, but mesothelioma was not. There was no case for rectification of the policy to extend the exclusion to all asbestos related diseases, and even if there had been, the remedy of rectification would fail for laches in circumstances where the issue had been seen by the insurer in 1969 but not raised with the insured until points of defence in the 1995 proceedings. The insurer's case of estoppel by convention or acquiescence failed. The insurer's case of non-disclosure of mesothelioma claims failed, since there were only two relevant such claims, the insurer knew in general that its insured would be receiving such claims, it was not clear that the cause of death was ascribed to mesothelioma as distinct from mesothelioma due to asbestosis, the normal arrangement between the parties was for the insured to provide claims records in only general terms without differentiations as to disease, and in any event no inducement was proved.

 
Gordon George William Watson, Bradford City Association Football Club (1983) Limited v Kevin John Gray, Huddersfield Town Association Football Club Limited [1999] EWHC Admin 341
22 Apr 1999
CA

Personal Injury, Negligence
The first claimant succeeded in claiming damages against the first and second defendants. He had been a professional footballer injured in a negligent tackle by the first defendant. The tackle was outside the range acceptable within the sport. The decision of the judge at first instance had been an assessment of the facts. As such it was not for re-opening by the Court of Appeal.
[ Bailii ]
 
Perry Jenkins v Patricia Holt Times, 27 May 1999; [1999] EWCA Civ 1240
22 Apr 1999
CA

Personal Injury
Where two drivers had collided, and each could have avoided injury, if they had seen the other, it made little sense other than to find equal liability. Bad driving by one did not make him entirely responsible, if each could have avoided a collision.
[ Bailii ]
 
Frank Alfred Wright v Freeway Haulage Limited [1999] EWCA Civ 1233
22 Apr 1999
CA
May LJ
Personal Injury, Road Traffic
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 contribution to the accident. [A finding of excessive speed had been made.] It is a short point. But, in my view, to drive a lorry with a 15 ft 6 ins wide load at or approaching 50 miles per hour on a bend of a single carriageway which was nearly 4 ft narrower than the load was negligent, and the negligence contributed to the accident. Driving more slowly would have enabled Mr Mangan to manoeuvre more carefully and would also have given the oncoming drivers, including but not limited to the plaintiff, a greater opportunity to take any necessary evasive action safely."
1 Citers

[ Bailii ]

 
 Regina v Criminal Injuries Compensation Board ex parte Moore; CA 23-Apr-1999 - Times, 14 May 1999; [1999] EWCA Civ 1254
 
Worrall v British Railways Board [1999] EWCA Civ 1312
29 Apr 1999
CA

Personal Injury
The plaintiff alleged that an injury which he has suffered as a result of his employer's negligence had changed his personality. As a result, he had on two occasions committed sexual assaults on prostitutes, for which offences he had been sentenced to imprisonment for six years. He claimed loss of earnings while in prison and thereafter. Held. The claim was struck out. Mummery LJ said: "It would be inconsistent with his criminal conviction to attribute to the negligent defendant in this action any legal responsibility for the financial consequences of crimes which he has been found guilty of having deliberately committed."
1 Citers

[ Bailii ]
 
Mark Anthony Evans v Leigh Environmental Limited [1999] EWCA Civ 1301
29 Apr 1999
CA

Personal Injury
Applcation for leave to appeal against strike out of claim.
[ Bailii ]
 
Susan Moore v Kirklees Metropolitan Council [1999] EWCA Civ 1326
30 Apr 1999
CA
Lord Justice Peter Gibson, Lord Justice Potter
Health and Safety, Negligence, Personal Injury
The claimant was employed as a dinner lady at a junior school. Whilst supervising playtime, a child jumped on her, causing her injury. The council appealed a finding of negligence. The boy had been recognised as being in need of special management for his behaviour, and had behaved in a similar fashion before. There were steps which could have been taken to reduce the risks, including the issue of earnings, training, and the employment of more staff. Held: Mere forseeability was insufficient to establish liability. Each such case must turn on its own facts. In this case the finding was correct in law.
1 Cites

[ Bailii ]
 
Ogden Tables Times, 03 May 1999
3 May 1999
LCJ

Personal Injury
Given the reduction in levels of interest on government index-linked stocks, and the assumed rate of return for the purposes of the assumed rate of return, the committee would continue to fix the return rate rather than set a method of calculation.
1 Cites


 
O'Sullivan v Butlins Limited [1999] EWCA Civ 1342
5 May 1999
CA
Henry LJ, Pill LJ
Personal Injury
Application for permission to appeal against dismissal of claim for negligence.
[ Bailii ]
 
Philip Turnbull v Stephen Waugh and Tuskar Rock Marine Limited [1999] EWCA Civ 1354
6 May 1999
CA

Personal Injury, Damages

[ Bailii ]
 
Edwards v Peter Black Healthcare (Southern) Limited Times, 27 May 1999; [1999] EWCA Civ 1369
10 May 1999
CA

Personal Injury
A defendant in a personal injury case, who asserted that the plaintiff's injuries as described in the claim form did not fit those described by the plaintiff's medical expert, must accept the onus of proving that point.
[ Bailii ]

 
 Regina v Criminal Injuries Compensation Board ex parte Pearson; Admn 11-May-1999 - [1999] EWHC Admin 420

 
 L C Application for Judicial Review of Decisions of the Criminal Injuries Compensation Board; OHCS 14-May-1999 - Times, 03 June 1999; 1999 SCLR 992; [1999] ScotCS 114

 
 Gaud v Leeds Health Authority; CA 14-May-1999 - Times, 14 May 1999
 
Hardwick v Hudson and Another Gazette, 03 June 1999; Times, 20 May 1999; [1999] EWCA Civ 1428
18 May 1999
CA

Personal Injury, Damages
Where the wife of an injured party had to provide unpaid service to her husband's business in his absence in order to keep that going, it was not possible to claim for her time as damages, since unlike a wife nursing her husband, the damage was too remote.
[ Bailii ]
 
Sudager Singh Gill v Kraft Jacobs Suchard Limited [1999] EWCA Civ 1455
20 May 1999
CA

Personal Injury, Health and Safety

[ Bailii ]
 
Giblett v P and N E Murray Ltd Times, 25 May 1999; Gazette, 03 June 1999
25 May 1999
CA

Personal Injury
Where physical injury was foreseeable from an accident, damages for consequent psychiatric injury were recoverable in principle. Foreseeability of psychological harm need not be shown. However, in this particular case, no sufficient causal link was established.

 
Ali v Courtaulds Textiles Ltd Times, 28 May 1999; [1999] EWCA Civ 1486; [1999] Lloyd's Rep Med 301
26 May 1999
CA
Henry LJ
Personal Injury, Limitation
A claimant was not fixed with knowledge of the source of his injury by being referred for medical opinion. He could not be expected to understand the source of this injury without expert assistance, and time did not run until such assistance was obtained.
Limitation Act 1980 14
1 Cites

1 Citers

[ Bailii ]
 
Corr v Harrods Limited [1999] EWCA Civ 1503
27 May 1999
CA

Personal Injury
Application for leave to appeal. The claimant sought damages for personal injury after being forcibly evicted from the defendants shop.


 
 Bajwa v British Airways plc; Whitehouse v Smith; Wilson v Mid Glamorgan Council and Sheppard; CA 28-May-1999 - Times, 01 July 1999; [1999] EWCA Civ 1519
 
Mcgill v James Addy [1999] EWCA Civ 1529
28 May 1999
CA

Personal Injury, Negligence, Road Traffic

[ Bailii ]
 
X v for Judicial Review of A Decision of Criminal Injuries Compensation Board Re Time-Barred Application Times, 05 July 1999; [1999] ScotCS 146
11 Jun 1999
OHCS
Lord Penrose
Personal Injury, Scotland
The CICB exercising its discretion not to extend the time limit for a claim, should normally give reasons, and not limit its decision to a bald assertion that no exceptional circumstances had been shown. The broad circumstances were of the sort where sympathy was normally allowed (a claim by an adult in respect of acts occurring whilst a child).
Criminal Injuries Compensation Scheme 1990 para 4
[ Bailii ] - [ ScotC ]
 
Bhashnam Samaroo v Motor Insurers Bureau [1999] EWCA Civ 1601
17 Jun 1999
CA

Personal Injury

[ Bailii ]
 
Cox v Hockenhull Times, 17 June 1999; Gazette, 30 June 1999
17 Jun 1999
CA

Personal Injury
In a claim for damages under the Act, the dependency of a carer receiving benefits for the giving of the care might be allowed for. Benefits were treated differently according to their nature. If there was a genuine loss, then the fact that the loss was of benefits was not material.
Fatal Accidents Act 1976

 
Chilton v Surrey County Council and Foakes (T/A R F Mechanical Services) [1999] EWCA Civ 1666
24 Jun 1999
CA

Personal Injury

[ Bailii ]
 
Shanley v Mersey Docks and Harbour Company General Vargos Shipping Inc [1999] EWCA Civ 1704
28 Jun 1999
CA
Lord Justice Thorpe, Lord Justice Judge
Personal Injury, Damages
The claimant appealed the calculation of damages for future losses of earmings. Held: The cross appeal on general damages failed, the effect of the injury of the plaintiff's general enjoyment of life justified the award. As to the future earnings, the accident had been followed many months later by a strike, which the judge had held the plaintiff would have taken part in. 80% of the strikers had been dismissed. The judge restricted his losses accordingly. The claimaint had argued that a settlement was in train which would lead to a cash sum being offered to each sacked striker. After judgement this was fixed at £28,000. In this case he had been discouraged from pursuing this point at trial, and the court had been inadvertently misled. Given this, the court should exercise its discretion to act upon evidence becoming available after the trial, and award the additional sum.
[ Bailii ]
 
Campbell v North Lanarkshire Council and Scottish Power Plc [1999] ScotCS 163
30 Jun 1999
SCS
Lord Reed
Scotland, Personal Injury

1 Cites

1 Citers

[ Bailii ] - [ ScotC ]
 
O'Sullivan v Barclays Bank Plc [1999] EWCA Civ 1747
2 Jul 1999
CA

Personal Injury

[ Bailii ]
 
Regina v Criminal Injuries Compensation Authority ex parte Salt [1999] EWHC Admin 652
8 Jul 1999
Admn

Personal Injury

[ Bailii ]
 
Hastings v Lambert [1999] EWCA Civ 1794
9 Jul 1999
CA

Personal Injury, Road Traffic

[ Bailii ]
 
Len Jones and Doreen Ann Jones v Wrekin District Council Times, 29 July 1999; [1999] EWCA Civ 1800
9 Jul 1999
CA

Personal Injury
A plaintiff cannot delay in the service of a writ claiming damages for personal injuries on the basis of having failed to obtain the appropriate medical evidence. Such a delay prejudiced a defendant's opportunity himself to prepare his defence. A claimant should keep the defendant informed and seek to agree a way forward.
[ Bailii ]
 
Gordon v British Airways Plc [1999] ScotCS 169
9 Jul 1999
SCS
Lord Eassie
Scotland, Personal Injury
The pursuer sought reparation in respect of injuries said to have been suffered by him in an accident while he was working as a maintenance worker with the defenders at Glasgow Airport.
[ Bailii ] - [ ScotC ]
 
Fielding (Acting By her Next Friend Fielding) v Greenhalgh (Personal Representative of McLoughlin Deceased) [1999] EWCA Civ 1799
9 Jul 1999
CA

Personal Injury, Road Traffic, Negligence

[ Bailii ]
 
Joyce Andrews v Initial Cleaning Services Limited McDougalls Catering Foods Limited Gazette, 02 September 1999; Times, 18 August 1999; [1999] EWCA Civ 1831
14 Jul 1999
CA
Lord Justice Pill, Lord Justice Laws
Health and Safety, Personal Injury, Damages
Employees of one company were injured whilst working cleaning the premises of another. The issue was as to apportionment of the personal injury damages between the two companies. Held: There was an error of approach by the Recorder entitling the Court of Appeal to interfere with the apportionment. The defendant employer's duty was not delegable, and their substantial presence in the premises placed a duty upon them to check the safety of the premises and was a very significant factor in any proper apportionment. Where employees of a company were working at a remote site, the employers retained the primary responsibility for ensuring that a safe place of work and method of work were provided, even when this extended to the condition of fittings at the remote premises. In this case the employers had 75 per cent and the owners of the building 25 per cent responsibility.
Civil Liability (Contributions) Act 1978 2
1 Cites

[ Bailii ]
 
Michelle Knowles v Access Garage Doors and Gates Ltd [1999] EWHC Admin 709
19 Jul 1999
Admn

Personal Injury

[ Bailii ]
 
Gray v Stead [1999] EWCA Civ 1887
20 Jul 1999
CA
Bingham LCJ
Personal Injury, Negligence
The defendant fishing boat operator appealed against a finding of liability in negligence in not having provided a single chamber life-jacket to the plaintiff. He said that at the time of the accident in 1994, it was not standard to provide them.
1 Cites


 
Rorrison v West Lothian College and Lothian Regional Council [1999] ScotCS 177; 2000 SCLR 245
21 Jul 1999
OHCS
Lord Reed
Scotland, Personal Injury, Employment
The pursuer, a nurse, claimed that she suffered psychological injuries as a result of her treatment at work by two superiors. Held: The court could find nothing in the pleadings: "which, if proved, could establish that Andrews and Henning ought to have foreseen that the pursuer was under a material risk of sustaining a psychiatric disorder in consequence of their behaviour towards her. They might have foreseen that she would at times be unsatisfied, frustrated, embarrassed and upset, but that is a far cry from suffering a psychiatric disorder. Many if not all employees are liable to suffer those emotions, and others mentioned in the present case such as stress, anxiety, loss of confidence and low mood. To suffer such emotions from time to time, not least because of problems at work, is a normal part of human experience. It is only if they are liable to be suffered to such a pathological degree as to constitute a psychiatric disorder that a duty of care to protect against them can arise; and that is not a reasonably foreseeable occurrence (reasonably foreseeable, that is to say by an ordinary bystander rather than by a psychiatrist) unless there is some specific reason to foresee it in a particular case."
1 Cites

1 Citers

[ Bailii ] - [ ScotC ]
 
Ivan John Leeson v Gary Kurt Quinn [1999] EWCA Civ 1904
21 Jul 1999
CA

Negligence, Road Traffic, Personal Injury

[ Bailii ]
 
Alexander and others v Midland Bank Plc [1999] EWCA Civ 1918
22 Jul 1999
CA

Personal Injury, Negligence

1 Cites

[ Bailii ]
 
Gogay v Hertfordshire County Council [1999] EWCA Civ 1964
26 Jul 1999
CA

Employment, Personal Injury
Application for leave to appeal - granted.
1 Citers

[ Bailii ]
 
Raymond Sean Hambridge v H Boulton and Son (a Firm) [1999] EWCA Civ 2024
29 Jul 1999
CA

Personal Injury, Damages

[ Bailii ]
 
Abbott and others v Rockware Glass Limited [1999] EWCA Civ 2032
30 Jul 1999
CA

Personal Injury, Health and Safety
Exposure to dust and fumes.
[ Bailii ]
 
Practice Direction (No 2) (Coal Mining Vibration White Finger Actions) Times, 05 August 1999
5 Aug 1999
QBD

Personal Injury
Updating the first practice direction for such actions, all proceedings not already transferred should now be moved to the Newcastle upon Tyne District Registry, and applications for transfer made as soon as possible, and new claims should be commenced in that registry. All such matters should be assigned to Mrs Justice Janet Smith for all interim applications.

 
Singleton v Allied Bakeries Ltd; Slatter; Howards Hydrocare Ltd and Burnett [1999] EWCA Civ 2084
17 Aug 1999
CA

Personal Injury, Road Traffic, Litigation Practice

[ Bailii ]
 
Jacqueline Ellen Scott v Garner Merchant Limited; Guinness Mahon Plc and Thames Cleaning Company Limited [1999] EWCA Civ 2105
24 Aug 1999
CA

Personal Injury

[ Bailii ]
 
Halling v Scout Association; Webber and Fuller [1999] EWCA Civ 2103
24 Aug 1999
CA

Personal Injury, Health and Safety

[ Bailii ]
 
Alexander and others v Midland Bank Plc Gazette, 02 September 1999
2 Sep 1999
CA

Personal Injury
In a claim for repetitive strain injury for typists in the 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.


 
 Watson v British Board of Boxing Control; QBD 12-Oct-1999 - Times, 12 October 1999; Gazette, 13 October 1999

 
 MacFarlane and Another v Tayside Health Board; HL 21-Oct-1999 - Times, 26 November 1999; [2000] 2 AC 59; [1999] UKHL 50; [1999] 4 All ER 961
 
Caisse De Pension Des Employes Prives v Kordel et Al Case C-397/96 Times, 22 October 1999
22 Oct 1999
ECJ

Personal Injury, European
Where a citizen was injured in one member state, but resided and claimed benefits in another, the rights against the person who caused the injury had to be assessed under the law of the member state in which the accident took place, but a state claiming subrogation could not claim more than the amounts of benefits it actually paid in accordance with its own law.

 
Jones v Jones Times, 11 November 1999
11 Nov 1999
CA

Personal Injury, Costs
A plaintiff in a personal injury action who did not accept a payment in, and continued, took the risk of costs inherent in such a continuance. She was entitled to costs up to the date of payment in only, and not up to a later date when different medical evidence came to be relied upon.

 
Jamieson, A P for Judicial Review of A Decision of the Criminal Injuries Compensation Board [1999] ScotCS 272
16 Nov 1999
OHCS
Lord Cameron of Lochbroom
Scotland, Personal Injury

[ Bailii ] - [ ScotC ]
 
Lindsay Plant Limited v Norwest Holst Group Plc [1999] ScotCS 273
17 Nov 1999
SCS
Lord Hamilton
Scotland, Personal Injury, Health and Safety

[ Bailii ] - [ ScotC ]

 
 Nunnerley and Another v Warrington Health Authority and Another; QBD 26-Nov-1999 - Times, 26 November 1999; Gazette, 25 November 1999
 
Practice Direction (Queen's Bench Division: Post-Traumatic Stress Disorder Litigation Against the Ministry of Defence: Group Action (Group 1) and (Group 2) Times, 26 November 1999
26 Nov 1999
QBD

Litigation Practice, Personal Injury
Directions were given for the conduct of all the cases brought together as group actions under the above references, including for the transfer of them all to Royal Courts of Justice, for the commencement of future proceedings, the marking of all documents, and the assignment of Master Rose and Justice Buckley to hear issues arising.

 
Messier-Dowty Ltd and Another v Sabena Sa and others [1999] EWHC 282 (Comm); [2001] WLR 2040
3 Dec 1999
ComC
Langley J
Personal Injury, Litigation Practice
Application by 2 & 3 defendants for an order suspending proceedings in England pending production and consideration of expert report. Whether, pursuant to Supreme Court Act 1981 s. 49(3) and CPR 3.1(2)(f), there were “compelling circumstances” required to justify the Court making an order to stay proceedings.
1 Citers

[ Bailii ]

 
 Worsley v Tambrands Ltd; CA 3-Dec-1999 - Gazette, 17 December 1999; Times, 11 February 2000; [1999] EWHC 273 (QB); [2000] PIQR P95
 
Mark Frederick Cooper v Elizabeth Reed Atlas Radio Cars [1999] EWCA Civ 224
3 Dec 1999
CA

Road Traffic, Negligence, Personal Injury

[ Bailii ]
 
Latino v Commission T-300/97; [1999] EUECJ T-300/97
15 Dec 1999
ECFI

Employment, Personal Injury
Officials - Occupational disease - Exposure to asbestos - Rate of permanent partial invalidity - Irregularity of the opinion of the medical board - Failure to state reasons.
[ Bailii ]
 
Charles v Hugh James Jones and Jenkins (A Firm) Times, 22 December 1999; [2000] 1 WLR 1278
22 Dec 1999
CA

Personal Injury, Professional Negligence
Where a personal injury claimant's claim had been lost because of the solicitor's negligence, the notional time for assessment of damages was the time at which a trial might properly have been expected to have been held. This did not however preclude the admission of, for example, medical evidence which only became available after that date.
1 Citers


 
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