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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: 2004 To: 2004

This page lists 82 cases, and was prepared on 02 April 2018.


 
 Page v Plymouth Hospital NHS Trust; QBD 2004 - [2004] EWHC 1154 (QB)
 
Kidd (A Child) v Portsmouth City Council [2004] EWCA Civ 46
14 Jan 2004
CA

Personal Injury

[ Bailii ]
 
Jane Marianne Sandhar, John Stuart Murray v Department of Transport, Environment and the Regions [2004] EWHC 28 (QB); Gazette, 05 February 2004
19 Jan 2004
QBD
Mr Justice Newman
Road Traffic, Personal Injury, Local Government
The claimant asserted a common law duty on the respondent to maintain a roadway free of frost. Held: No such common law duty existed. Where parliament has conferred a discretionary power, "… the minimum preconditions for basing a duty of care upon the existence of a statutory power, if it can be done at all, are, first, that it would in the circumstances have been irrational not to have exercised the power, so that there was in effect a public law duty to act, and secondly, that there are exceptional grounds for holding that the policy of the statute requires compensation to be paid to persons who suffer loss because the power was not exercised." In the absence of a duty under section 41(1) of the 1980 Act, the respondent had power under section 62(2) to promote the scheme to prevent ice on highways. Section 62(2) provides for work for the improvement of the highway. There was no general common law duty on highway authorities to prevent the formation of ice on roads.
Highways Act 1980 41(1)
1 Cites

1 Citers

[ Bailii ]
 
Donaldson v Wilson [2004] EWCA Civ 123
26 Jan 2004
CA

Animals, Personal Injury
The owner of cattle sought leave to appeal a finding of negligence in his having failed to maintain the fences on his property, which in turn allowed his cattle to stray into the road and cause an accident in which the claimant was severely injured. The judge found that there was a risk that walkers would fail to close any gate, and that the farmer should therefore have installed a self closing gate. Held: Although the defendant's appeal had little prospect of success, given the importance of the decision to farmers and insurers, the application for leave to appeal was granted subject to an indemnity to the claimant for his costs.
1 Cites

1 Citers

[ Bailii ]
 
Rogers v National Assembley for Wales [2004] EWCA Civ 250
29 Jan 2004
CA

Road Traffic, Personal Injury

[ Bailii ]
 
Wattleworth v Goodwood Road Racing Company Ltd and Others [2004] EWHC 140 (QB); [2004] PIQR P 140
4 Feb 2004
QBD

Personal Injury

[ Bailii ]
 
Chang v Delgreco [2004] EWCA Civ 407
11 Feb 2004
CA

Personal Injury, Damages

[ Bailii ]
 
Doherty and others v Rugby Joinery (UK) Limited [2004] EWCA Civ 147; Times, 03 March 2004; [2004] ICR 1272
17 Feb 2004
CA
Lord Justice Auld, Lady Justice Hale, Mr Justice Wilson
Personal Injury, Health and Safety
The claimant had used a sander, and been injured with vibration induced white finger syndrome. The employee appealed against a finding of non-liability saying the company should have known of the risk. Held: It had become accepted that use of such equipment for more than a certain time each day would be dangerous. The defendant in fact did not know of the danger. Any liability would rely upon a finding of constructive knowledge. Knowledge of the danger had been disseminated only from 1990, and none of the employer's duties were triggered before 1991.
Hale LJ said that there is: "a distinction between holding that a reasonable employer should have been aware of the risks and holding that certain steps should have been taken to meet that risk".
1 Citers

[ Bailii ]
 
Hussein v William Hill Group [2004] EWHC 208 (QB)
18 Feb 2004
QBD

Personal Injury

[ Bailii ]
 
Anita Giambrone and others v Sunworld Holidays Ltd [2004] EWCA Civ 158
18 Feb 2004
CA
Lord Justice Brooke (Vice-President Of The Court Of Appeal (Civil Division) Lord Justice Mance And Mr Justice Park
Personal Injury, Damages
Many holidaymakers had suffered gastro-enteritis and sued for compensation. They had sought a sum to reflect the value of gratuitous care. Held: Save in more serious cases, awards for children suffering gastro-entritis and cared for by their family should not exceed £50.00. 'This may well be a situation in which appropriate representatives of claimants and defendants, perhaps under the auspices of the Civil Justice Council, might usefully try to agree a guideline tariff for gastro-enteritis cases generally, depending on the severity of the illness.' Care should be taken to avoid excess costs where possible.
1 Cites

1 Citers

[ Bailii ]
 
Sherlock v Chester City Council [2004] EWCA Civ 210; [2004] EWCA Civ 201
26 Feb 2004
CA

Personal Injury, Health and Safety

[ Bailii ] - [ Bailii ]
 
C (a Child) v The Home Office and the Criminal Injuries Compensation Authority [2004] EWCA Civ 234; Times, 01 March 2004; Gazette, 01 April 2004
3 Mar 2004
CA
Lord Justice Clarke Lord Justice Sedley
Personal Injury, Costs, Human Rights
The applicant child had incurred legal expenses in applying to the Authority for compensation. The claim was successful, but the applicant was unable to rcover the expenses, and now said that that refusal infringed his human rights, since he would otherwise be unable to pursue such an action. Held: The failure to pay legal expenses was an express part of the scheme. An application was a determination of the applicant's civil rights, but to say that a part of the compensation on account had to be expended to pursue the claim was not a denial of rights. There was no obligation on the scheme to provide for payment of expenses.
[ Bailii ]
 
Jaguar Cars Ltd v Coates [2004] EWCA Civ 337
4 Mar 2004
CA

Personal Injury, Health and Safety

[ Bailii ]
 
Bristow Helicopters Ltd and Another v Sikorsky Aircraft Corporation (Incorporated In and Under Laws of Delaware USA) and others [2004] EWHC 401 (Comm)
5 Mar 2004
ComC

Personal Injury, Transport

1 Cites

[ Bailii ]
 
Bennetts v Ministry of Defence [2004] EWCA Civ 486
16 Mar 2004
CA

Personal Injury, Negligence

[ Bailii ]
 
Burridge v Airwork Ltd [2004] EWCA Civ 459
19 Mar 2004
CA

Jurisdiction, Personal Injury
Issue of liability only in a personal injury action arising out of a road traffic accident in Muscat, Oman
[ Bailii ]
 
Roe v Sheffield City Council, South Yorkshire Light Rail Ltd, South Yorkshire Supertram Ltd, Balfour Beatty Power Construction Ltd [2004] EWCA Civ 329
23 Mar 2004
CA
Lord Justice Kennedy Lord Justice Sedley Lord Justice Scott Baker
Personal Injury, Damages

1 Cites

[ Bailii ]
 
Gabriel v Kirklees Metropolitan Council [2004] EWCA Civ 345; Times, 12 April 2004
24 Mar 2004
CA

Construction, Personal Injury, Negligence
The claimant (aged 6) sought damages after being hurt when other children playing on a building site threw stones from the site, hitting him as he passed by. Held: The case raised questions of law and it was incumbent on the judge to provide detailed findings on the facts. A question of law was arguable, but the court was unable to determine the issue without the necessary findings of fact. The case would be remitted for retrial before a different judge.
1 Cites

[ Bailii ]
 
The Maersk Company Ltd and Another v Keith Jeremy Wilson [2004] EWCA Civ 313
25 Mar 2004
CA
Lord Justice Buxton Lord Justice Ward Lord Justice Dyson
Personal Injury

[ Bailii ]
 
A v XB (Non-Party) [2004] EWHC 447 (QB)
25 Mar 2004
QBD
Morland J
Personal Injury, Litigation Practice
Application for disclosure order in respect of claimant's medical records - bipolar mood disorder or hypomania.
[ Bailii ]

 
 Pirelli General Plc and others v Gaca; CA 26-Mar-2004 - [2004] EWCA Civ 373; Times, 02 April 2004; [2004] 1 WLR 2683; [2004] 3 All ER 348

 
 Barber v Somerset County Council; HL 1-Apr-2004 - [2004] UKHL 13; Times, 05 April 2004; [2004] 1 WLR 1089; (2004) 77 BMLR 21; [2004] 2 All ER 385; [2004] ELR 199; [2004] ICR 457; [2004] IRLR 475; [2004] PIQR P3
 
Bici and Bici v Ministry of Defence [2004] EWHC 786(QB); Times, 11 June 2004
7 Apr 2004
QBD
Mr Justice Elias
Personal Injury, Armed Forces
Claimants sought damages for personal injuries incurred when, in Pristina, Kosovo and during a riot, British soldiers on a UN peacekeeping expedition fired on a car. Held: The incidents occurred in the course of peace-keeping duties. It was not argued that they occurred in combat, and it was established that in cases of riot, soldiers would be liable in tort. In civil law a belief that a defendant was under threat had to be reasonable to avoid liability. Even so, soldiers were in a particularly difficult position. Soldiers owe the same duties as ordinary citizens, and the latter clearly owe a duty of care in the circumstances. No contributory negligence could be supported. The court applied English law when giving the judgment. Elias J: "In trespass, any unlawful interference with the bodily integrity of the claimant will not be unlawful if it is justified and it will be justified if the defendant can establish that the claimant's conduct was such that the defendant reasonably apprehended that he would be imminently attacked and used reasonable force to protect himself."
1 Cites

1 Citers

[ Bailii ]
 
Donachie v The Chief Constable of the Greater Manchester Police [2004] EWCA Civ 405
7 Apr 2004
CA
Lord Justice Auld Lord Justice Latham Lady Justice Arden
Personal Injury, Health and Safety
The claimant had been asked to work under cover. The surveillance equipment he was asked to use was faulty, requiring him to put himself at risk repeatedly to maintain it resulting in a stress disorder and a stroke. Held: There was a direct line of causation between the known faults in the equipment, and the failure to operate a safe system of work, and the stroke. The court had erred in applying Sutherland v Hatton, and should have considered whether the claimant was a primary or secondary victim. He was a primary victim. The injury was foreseeable and the appeal was allowed.
1 Cites

[ Bailii ]
 
Mellor, Administrator of the Estate of Mellor Deceased v Sheffield Teaching Hospitals NHS Trust, Dr Groves, Dr Richards [2004] EWHC 780 (QB)
22 Apr 2004
QBD
The Honourable Mr Justice Gross
Personal Injury, Professional Negligence

[ Bailii ]
 
Maguire v Harland and Wolff plc and Another Times, 26 March 2004
29 Apr 2004
QBD
Morland J
Personal Injury
The claimant was the wife of a former employee of the defendant. She claimed that having cleaned asbestos dust from her husband's clothes on his return home from work, she had herself suffered asbestosis. Held: The risks were known at the time, and the defendant had not done what could have been done to control those risks. It was foreseeable that someone in the claimant's position would suffer by way of secondary exposure, and the claim succeeded.
1 Citers


 
Lamoon v Fry [2004] EWCA Civ 591
29 Apr 2004
CA
Rix LJ, Peter Gibson LJ, Longmore LJ
Road Traffic, Personal Injury
A collision occurred between a motor car and a cyclist. The driver appealed a finding that he had been driving too quickly, and that that was a cause of the accident. The claimant had cut across a right hand corner of the narrow unmarked lane. The lane had high hedges. The cyclist was 60% to blame. Held: The appeal failed. Rix LJ said: "So far as causation is concerned, I am similarly satisfied that it is impossible to say that the judge was wrong to conclude that the excessive speed was a cause of the collision. I accept [the] submission that, albeit, as the judge found, the motorist was properly keeping to his side of the road while taking this bend, nevertheless on such a road he had to be aware of the possibility of other users of the road who may be at risk if he drove too fast for those conditions. At a slower speed, alive to that danger, he could well have avoided a collision, even if he could not have stopped within the distance. It was for the judge to assess that matter: he assessed it as probable, and I cannot say he was wrong to do so."
Law Reform (Contributory Negligence) Act 1945 1(1)
1 Citers

[ Bailii ]

 
 Simmons v British Steel plc; HL 29-Apr-2004 - [2004] UKHL 20; Times, 04 May 2004; [2004] ICR 585; 2004 GWD 14-315; [2004] PIQR P33; 2004 SLT 595
 
Campbell v The University of Edinburgh [2004] ScotCS 114
4 May 2004
OHCS
R.F.Macdonald, Q.C.
Scotland, Personal Injury

1 Cites

[ Bailii ] - [ ScotC ]
 
Barker v Saint Gobain Pipelines Plc [2004] EWCA Civ 545; [2005] 3 All ER 661
5 May 2004
CA
Lord Justice Keene Lord Justice Kay Lord Justice Wall
Personal Injury

1 Citers

[ Bailii ]
 
Patterson v Smith Dock Ltd and Another [2004] EWCA Civ 948
5 May 2004
CA

Personal Injury
Application for permission to appeal to House of Lords
[ Bailii ]
 
Smyth v Smyth [2004] NICA 16
14 May 2004
CANI

Personal Injury

[ Bailii ]
 
Page v Plymouth Hospitals NHS Trust [2004] EWHC 1154 (QB)
20 May 2004
QBD

Personal Injury, Damages

[ Bailii ]
 
Girbash v Main Line Auto Engineering Ltd [2004] EWCA Civ 614
24 May 2004
CA
Lord Justice Clarke
Road Traffic, Personal Injury

[ Bailii ]
 
Harding v Wealands Unreported, 27 May 2004
27 May 2004
QBD
Elias J
Jurisdiction, Personal Injury
The claimant had been injured in a traffic accident in Australia. The parties lived together in England, but the driver was insured by an Australian company. He sought to sue here to avoid a limitation on damages imposed by Australian law. The issue was as to whether Australian rules should apply also here to the calculation of the damages. Is it a procedural or substantive question. Held: The restriction in the damages claim which would have applied in Australia was procedural not substantive, and the claimant could bring his action in the English court.
Private International Law (Miscellaneous Provisions) Act 1995
1 Citers


 
Owen v City of Westminster [2004] EWHC 1557 (QB)
9 Jun 2004
QBD

Personal Injury, Local Government

Highways Act 1980 81
[ Bailii ]
 
Hammond v Commissioner of Police for Metropolis and others [2004] EWCA Civ 830; [2004] ICR 1467
11 Jun 2004
CA
May LJ
Personal Injury, Health and Safety
The claimant mechanic was employed by the Commissioner of Police. He was working on the wheel of a police dog van when the shearing of a wheel bolt caused him to suffer injury. The question was whether the van was "work equipment" within the meaning of the 1992 regulations, which defined "work equipment": "any machinery, appliance, apparatus or tool and any assembly of components which, in order to achieve a common end, are arranged and controlled so that they function as a whole." The scope of the duty is defined by regulation 4(1): "The requirements imposed by these Regulations on an employer shall apply in respect of work equipment provided for use or used by any of his employees who is at work." Held: May LJ said: "Although the definition of what may be work equipment is to be found in regulation 2, the ambit of the expression 'work equipment' in these Regulations is determined by regulation 4 . . This indicates…that the Regulations are concerned with what may loosely be described as the tools of the trade provided by an employer to an employee to enable the employee to carry out his work . . The van might well be work equipment of a policeman driving it, but not of the police mechanic repairing it."
Provision and Use of Work Equipment Regulations 1992 6
1 Citers

[ Bailii ]
 
Ringland v South Eastern Education and Library Board [2004] NIQB 89
16 Jun 2004
QBNI

Northern Ireland, Personal Injury, Negligence

1 Cites

[ Bailii ]
 
Rhind v Astbury Water Park Ltd and Another [2004] EWCA Civ 756
17 Jun 2004
CA
Lord Justice Judge Lord Justice Latham Lord Justice Thomas
Personal Injury

[ Bailii ]
 
Stevens (Through her Mother and Litigation Friend) v County Borough of Blaenau Gwent [2004] EWCA Civ 715; Times, 29 June 2004
17 Jun 2004
CA
Potter, Lord Justice Potter Mr Justice Bodey Lord Justice Carnwath
Housing, Personal Injury
The mother of the claimant had complained to the local authority landlord about the absence of locks on her windows. The council replied that such locks could themselves be a hazard, and did not install a lock. The claimant climbed through and fell from a balcony and suffered injury. Held: In view of the Admas case, the policy was understandable. There was no general duty to supply child proof locks.
1 Cites

[ Bailii ]
 
Philip Owen Lloyd-Wolper v Robert Moore; National Insurance Guarantee Corporation Plc, Charles Moore [2004] EWCA Civ 766; Times, 06 August 2004; [2004] 3 All ER 741; [2004] 1 WLR 2350
22 Jun 2004
CA
Lord Justice Pill, Lord Justice Rix
Insurance, Road Traffic, Personal Injury
The first defendant drove a car belonging to his father and insured by his father. The father consented to the driving but under a mistaken belief that his son was licensed. The claimant was injured by the defendant in a road traffic accident. Held: For insurance purposes, the father could validly permit the driving when under a mistake. A permission which would arise only subject to and upon the fulfillment of a condition was not a permission until that condition was fulfilled, but a permission given did not cease to be one only such for mistake. There was no relevance in different kinds of mistake.
Pill LJ said: "permission does not cease to be permission for the purposes of the statute because, in good faith, the person giving it believes that the person to whom it is given is covered by the policy when in fact the person is not."
Road Traffic Act 1988 151
1 Cites

1 Citers

[ Bailii ]
 
Blake v Galloway [2004] EWCA Civ 814; Times, 19 July 2004; [2004] 1 WLR 2844; [2004] 3 All ER 315
25 Jun 2004
CA
Lord Justice Clarke VC, The Vice-Chancellor Lord Justice Dyson
Personal Injury, Negligence
The claimant was injured whilst playing about with other members of his band throwing sticks at each other. The defendant appealed against a denial of his defence on non fit injuria. Held: The horseplay in which the five youths were engaged was not a regulated sport or game played according to explicit rules, nor was it organised in any formal sense. The offending blow was caused by a piece of bark which was thrown in accordance with the tacit understandings or conventions of the game. This was an unfortunate accident, and no more. There was no breach of the duty to take reasonable care.
1 Cites

1 Citers

[ Bailii ]
 
Regina (M) v Criminal Injuries Compensation Appeals Panel Times, 08 July 2004
28 Jun 2004
QBD
Newman J
Personal Injury
The applicant sought compensation after an assault by a member of the family with whom he was being fostered. Held: The Compensation scheme disallowed a claim in respect of an assault by a member of the victim's family. Under the fostering regulations, the arrangement was intended to allow him to live with the fostering family as a member of that family. The issue was one of legal interpretation, not of blood ties. The claim failed.

 
M, Regina (on the Application Of) v Criminal Injuries Compensation Panel [2004] EWHC 1701 (Admin)
28 Jun 2004
Admn

Personal Injury

[ Bailii ]
 
CD, Regina (on the Application of) v Criminal Injuries Compensation Appeal Panel [2004] EWHC 1674 (Admin)
12 Jul 2004
Admn

Personal Injury

[ Bailii ]
 
Denise Lamont (Qua Next of Kin of the Late Andrew Lamont) v Christine Ann Fallon (Ap) (Qua Next of Kin of the Late Andrew Lamont) [2004] ScotCS 177
13 Jul 2004
IHCS
Lady Smith
Scotland, Personal Injury

[ ScotC ] - [ Bailii ]
 
Darren Mair (Ap) v Darron Payne the Motor Insurers' Bureau [2004] ScotCS 178
13 Jul 2004
IHCS
Lady Smith
Scotland, Personal Injury

[ ScotC ] - [ Bailii ]
 
Humpheryes v Nedcon UK Ltd and Another [2004] EWHC 1260 (QB)
16 Jul 2004
QBD

Personal Injury, Construction

[ Bailii ]
 
McRitchie v The Scottish Ministers [2004] ScotSC 49
21 Jul 2004
ScSf
Sheriff Principal I.D. Macphail, Q.C.
Scotland, Personal Injury

1 Cites

[ ScotC ] - [ Bailii ]
 
Fiona Thompson v Hampshire County Council [2004] EWCA Civ 1016; Times, 14 October 2004
27 Jul 2004
CA
Potter, Lord Justice Potter Lord Justice Rix Lord Justice Carnwath
Road Traffic, Personal Injury
The claimant fell into a ditch by a path on the highway in the dark. She appealed a finding of no liability on the highway authority. Held: The authority's responsibility was as to the surface structures of the road way and not as to the layout.
1 Cites

1 Citers

[ Bailii ]
 
Blackham v Entrepose UK [2004] EWCA Civ 1109; Times, 28 September 2004
27 Jul 2004
CA

Personal Injury, Civil Procedure Rules, Costs
The claimant had succeeded in his claim for damages for personal injuries, but there had been a payment in. There were cross appeals, as to the proportion of costs awarded, and by the defendant saying that the interest awarded should have been added to award before testing whether the payment had been beaten. Held: The court should first examine what the payment in was expressed to represent and then consider whether the amount for which he has directed judgment to be entered, as compared with that payment, is less than that amount. Had the court done so, the award would not have bettered the payment in, and the costs award would be different. Appeal allowed. Cross appeal dismissed.
Civil Procedure Rules 36.20
[ Bailii ]

 
 Brennan v Bolt Burdon and Others, London Borough of Islington, Leigh Day and Co; CA 29-Jul-2004 - [2004] EWCA Civ 1017; Times, 27 August 2004; [2005] QB 303; [2004] 3 WLR 1321

 
 Home Office v Lowles; CA 29-Jul-2004 - [2004] EWCA Civ 985
 
Eagle (By Her Litigation Friend) v Chambers [2004] EWCA Civ 1033; Times, 30 August 2004
29 Jul 2004
CA
Lord Justice Waller Lord Justice Buxton Lord Justice Scott Baker
Personal Injury, Damages
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to brokers for the advice given to the Court of Protection which would be administering the investment of her award. Held: section 17 forbade deduction of the mobility benefit the claimant might receive. The court had taken a severe view of the delay of the prosecution of the case and had properly imposed a penalty.
Social Security (Recovery of Benefits) Act 1997 17 - Law Reform (Personal Injuries) Act 1948
1 Cites

1 Citers

[ Bailii ]
 
Bowden v Sister Bernard Mary Murray and others [2004] ScotCS 194; 2004 SLT 967
30 Jul 2004
OHCS
Lord Johnston
Personal Injury, Limitation

Prescription and Limitation (Scotland) Act 1973 17
1 Citers


 
King v Farmer (T/A Rw Farmer (Builders)) [2004] EWHC B2 (QB)
6 Aug 2004
QBD
Rutherford J
Personal Injury, Health and Safety

Construction (Health, Safety and Welfare) Regulations 1996
[ Bailii ]
 
Iseabal Emslie v Anne Bell [2004] ScotCS 202
12 Aug 2004
OHCS
Lord Menzies
Scotland, Personal Injury, Damages
The defender had driven into the back of the pursuer's car, causing the injuries. She claimed that the accident had aggravated a pre-existing slight injury to her knee. Held: The pursuer's accounts of her injuries had not been entirely consistent. Damages were calculated for solatium at a level between that contended for by either party.
1 Cites

[ ScotC ] - [ Bailii ]
 
Willis v Cross and others [2004] EWCA Civ 1197
1 Sep 2004
CA

Personal Injury
Trip on steps
[ Bailii ]
 
McCotter v McNally and Another (John J McNally and Co Solicitors) [2004] NIQB 59
24 Sep 2004
QBNI

Northern Ireland, Personal Injury
Solicitor's claim for work related stress.
1 Cites

[ Bailii ]
 
Exel Logistics Ltd v Curran and others Times, 02 November 2004; [2004] EWCA Civ 1249
30 Sep 2004
CA
The Right Honourable Lord Justice Auld The Right Honourable Lord Justice Sedley and The Right Honourable Lord Justice Keene
Personal Injury
The claimants sought damages for personal injuries after a crash in a Land Rover maintained by the defendants. The defendants appealed findings of negligence in failing properly to inflate the rear tyres, in continuing despite the danger, and poor overtaking. A further fault was identified in that dirt in the front wheel had led to a split in the inner tube causing that to deflate on the journey. Held: 'In the real world, that in which the man on the Clapham omnibus used to operate, nobody would sensibly suggest that Mr Curran should have checked the correct tyre pressures of a company vehicle, seemingly in immaculate condition and, which he knew, was maintained by a Land Rover employee who was highly conscientious about the condition of the vehicle. ' The deflation of the front tyre was the precipitating cause, and would not have been noticed until the execution of a left turn. It was hard to choose between the "causative potency" of the activating or precipitating cause and that of the dangerous and underlying instability at the rear to which it gave life. Liability was apportioned equally between the companies providing and maintaining the car.
Road Vehicles (Construction and Use) Regulations 1986 27(1)(b) - Road Traffic Act 1988 41A
1 Cites

[ Bailii ]
 
Pettigrew v Tilbury Douglas Construction Ltd [2004] ScotCS 226
7 Oct 2004
ScS

Scotland, Personal Injury

[ Bailii ]
 
Roche v Secretary of State for Defence [2004] EWHC 2344 (Admin)
8 Oct 2004
Admn

Armed Forces, Personal Injury
The claimant had been subject to experiments at Porton Down in the 1950s. He later sought damages, but the respondent issued a certificate under the 1947 Act.
Crown Proceedings Act 1947 10 - Naval, Military and Air Forces (Disablement and Death) (Services Pension) Order 1983
[ Bailii ]
 
Sowden v Lodge [2004] EWCA Civ 1370
21 Oct 2004
CA
Pill, Longmore, Scott Baker LJJ
Personal Injury, Damages
The court considered the awards of damages for personal injury as it may be affected by the operation of section 21 of the 1948 Act.
National Assistance Act 1948 21
[ Bailii ]
 
Catherine Edmonds v Lloyds TSB Group Plc [2004] EWCA Civ 1526
22 Oct 2004
CA
Sir Martin Nourse Lord Justice Potter The Honourable Mr Justice Gage
Personal Injury, Damages
Failure to mitigate loss.
[ Bailii ]
 
Dixon v Were [2004] EWHC 2273 (QB)
26 Oct 2004
QBD
Gross J
Personal Injury, Damages
The claimant and others were being driven by the defendant. All had drunk, and none wore seat belts. The claimant sought damages for his injuries. General damages were agreed, and the issue was as to loss of future earnings. Held: The claimant had not provided sufficient evidence to establish a loss of future high earnings. He did retain some capacity, but would have to receive some forms of nursing care.
1 Cites

[ Bailii ]
 
Mullins v Gray [2004] EWCA Civ 1483
28 Oct 2004
CA
Lord Justice Mummery Lord Justice Longmore The Honourable Mr Justice Gage
Personal Injury, Damages
Whiplash
[ Bailii ]
 
Jones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another [2004] EWCA Civ 1394; Times, 01 November 2004; [2005] 2 WLR 808
28 Oct 2004
CA
Mance LJ
Torts - Other, Personal Injury, Police, International
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia. Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials involved personally. The court had been correct to reject the claim against the state. Despite other developments, states still enjoyed immunity from such claims, and normally its officials should receive the same protection, and even if the official had infringed the country's national law. However claims against officials could not be given blanket protection, because that would deprive applicants such as the present of any remedy. A delicate balancing act would be required in each case to test the various issues of jurisdiction and human rights. However the offence of torture itself had a special status under international law, and such acts could not be the acts of a state. Claims to state immunity should be resolved at an early stage in the proceedings.
1 Cites

1 Citers

[ Bailii ]
 
Slater (A Person Suing By her Litigation Friend the Official Solicitor) v Buckingham County Council, Stigwood Trading As Stigwoods [2004] EWCA Civ 1478
10 Nov 2004
CA
Mr Justice Keene Lord Justice Brooke Lord Justice Parker
Personal Injury

[ Bailii ]

 
 Keeley (Widow of Terence Noel James Keeley Deceased) v Pashen and Wren Motor Syndicate 1202 at Lloyd's; CA 10-Nov-2004 - [2004] EWCA Civ 1491; Times, 17 November 2004; [2005] 1 WLR 1226
 
Maguire v Lancashire County Council [2004] EWCA Civ 1637
11 Nov 2004
CA

Negligence, Personal Injury

Highways Act 1980 41
[ Bailii ]
 
Ungi v Liverpool City Council [2004] EWCA Civ 1617
15 Nov 2004
CA

Personal Injury

[ Bailii ]
 
David R Childerley v General Healthcare Group Ltd And Christopher F Elsworth And John McGeachie [2004] EWHC 2777 (QB)
3 Dec 2004
QBD
Dobbs, The Honourable Mrs Justice Dobbs Dbe
Personal Injury, Damages

[ Bailii ]
 
Brown v Drake International Ltd and Another [2004] EWCA Civ 1629
3 Dec 2004
CA

Personal Injury, Damages
Appeal against apportionment of liability
Fatal Accidents Act 1976
[ Bailii ]
 
Merseyside Police Authority, Regina (on the Application Of) v Gidlow and Another [2004] EWHC 2807 (Admin)
8 Dec 2004
Admn

Police, Personal Injury
Whether a police officer's diagnosed adjustment disorder or mixed anxiety/depression was "an injury received in the execution of his duty as a police constable" within the meaning of the regulations.
Police Pensions Regulations 1987 H2
[ Bailii ]
 
Denise Welsh v Ali Parnianzadeh (T/A Southern Fried Chicken) [2004] EWCA Civ 1832
10 Dec 2004
CA
Lord Justice Peter Gibson Lord Justice Mance
Personal Injury
The respondent had claimed in damages after an alleged personal injury sustained at the premises of the claimant. After several procedural failures, the claim was struck out, but on appeal, it was ordered: "The appellant's appeal is thus dismissed but the case is to proceed with the following directions." Held: The court recited the procedural history. The defendant appealed saying that the order should be read to strike out the claim and no further. However, "the circuit judge's approach was so confused and so defective that it is impossible to reach any sensible, and certainly any sound or reliable, conclusion as to the intention or effect of the order that she made." There had been repeated delay, but the defendant had not been prejudiced. The claim should proceed on the basis of the balance of the directions given.
1 Cites

[ Bailii ]
 
Brown v Robinson and Sentry [2004] UKPC 56
14 Dec 2004
PC
Lord Bingham of Cornhill, Lord Clyde, Lord Rodger of Earlsferry, Lord Carswell, Lord Brown of Eaton-under-Heywood
Commonwealth, Vicarious Liability, Personal Injury, Damages
(Jamaica) The deceased claimant had been shot by a sentry employed by the respondent company. His estate appealed a finding that the sentry was not acting in the course of his employment. Held: Older authorities had now been replaced by recent decisions of the House of Lords and Privy Council. The essential test remains that of close connection with the acts which the worker was employed to do. When one applies this test the employer was vicariously liable for the shooting and the judge was quite justified in so holding. The appeal was allowed, but the damages award was adjusted
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1 Citers

[ Bailii ] - [ PC ]
 
Allport v Wilbraham [2004] EWCA Civ 1668
15 Dec 2004
CA

Personal Injury, Negligence
Injury during rugby match - claim against referee
[ Bailii ]
 
Atack v Lee and Another [2004] EWCA Civ 1712; Times, 28 December 2004; [2005] 1 WLR 2643
16 Dec 2004
CA
Lord Justice Brooke Lord Justice Longmore Lord Justice Mance
Personal Injury, Costs
Defendant insurers had challenged conditional fee agreements involving a two stage success fee. Both cases took place before limitations were introduced by Callery v Gray. Held: It would be wrong to apply Callery v Gray retrospectively. A two stage conditional success fee was to be encouraged. The success fee might properly be raised to up to 100% where a claim did not settle within the protocol period. However in each case the judge had used his discretion properly to assess the risk exposure in the light of knowledge available at the time. The appeals failed.
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[ Bailii ]
 
Harding v Wealands [2004] EWCA Civ 1735; Times, 05 January 2005; [2005] 1 WLR 1539
17 Dec 2004
CA
Lord Justice Waller Lady Justice Arden Sir William Aldous
Personal Injury, Jurisdiction
The claimant sought damages here for a road traffic accident which had occurred in Australia. The defendant was working in England. The defendant argued that the law of New South Wales applied. Held: The general rule in section 11 was not to be displaced. Roerig implied a bright line between matters of assessment and heads of damages. Applying Boys v Chapman there was no such clear line. Though the 1995 Act may have abolished the common law rule of double actionability, at the same time it intended to vary the common law so far as quantification and assessment of damages was concerned. The meaning of substance and procedure for the purposes of section 14 of the 1995 Act must be sought in the context of the 1995 Act. (Majority) The judge had been wrong to apply English law in preference to the restrictions on damages which would apply under the New South Wales Act.
Lady Justice Arden: "In the context of section 14, a principled approach requires the court to start from the position that it has already decided that the proper law of the tort is not the law of the forum, ie that some other law applies to the tort, either because it is the lex loci delicti or because it is substantially more appropriate than the lex loci delicti. On this basis, a reference to the law of the forum must be the exception, and it must be justified by some imperative which, relative to the imperative of applying the proper law, has priority." There is "a guiding principle" that: "Once the court has decided that the law of New South Wales is the proper law of the tort, it is logical, so far as possible, to apply the law of New South Wales throughout."
Private International Law (Miscellaneous Provisions) Act 1995 11
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[ Bailii ]
 
Bluett v Suffolk County Council and others [2004] EWCA Civ 1707
20 Dec 2004
CA

Personal Injury, Negligence

[ Bailii ]
 
C v Middlesbrough Council [2004] EWCA Civ 1746
21 Dec 2004
CA
Lord Justice Chadwick Lord Justice Latham Sir Swinton Thomas
Personal Injury, Limitation
Damages were sought following sex abuse whilst in care.
1 Citers

[ Bailii ]
 
T v Boys and Girls Welfare Service [2004] EWCA Civ 1747
21 Dec 2004
CA
Lord Justice Chadwick Lord Justice Latham Sir Swinton Thomas
Personal Injury, Local Government, Negligence
Damages claim for sex abuse whilst in care home.
[ Bailii ]
 
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