Tag: Personal Injury

Docherty and Others v The Secretary of State for Business, Innovation and Skills: SCS 21 Mar 2018

The House was asked: ‘Where a man, while working in Scotland, inhales asbestos fibres that cause injury to his body after he has become resident in England, which law is applicable to determine the admissibility of claims for damages made by his executors and relatives after his death?’

Citations:

[2018] ScotCS CSOH – 25

Links:

Bailii

Jurisdiction:

Scotland

Personal Injury, Jurisdiction

Updated: 01 April 2022; Ref: scu.609346

Petroleum Company of Trinidad and Tobago Ltd v Ryan and Another: PC 19 Oct 2017

(From the Court of Appeal of Trinidad and Tobago) The company appealed from a finding that it was liable for personal injuries suffered by neighbours to a disused oil well suffered it was said from fumes from the well.
Held: The appal succeeded. There had infact been no evidence to support the finding that the well was causative of the injuries suffered.

Judges:

Lady Hale, Lord Kerr, Lord Wilson, Lord Carnwath, Lord Hughes

Citations:

[2017] UKPC 30

Links:

Bailii

Jurisdiction:

Commonwealth

Nuisance, Personal Injury, Negligence

Updated: 01 April 2022; Ref: scu.598627

Thomas v Hugh James Ford Simey Solicitors: CA 4 Sep 2017

Appeal by a claimant against the dismissal of his action against former solicitors for professional negligence. The point of principle which arises is whether solicitors acting in a high volume, fixed costs scheme for low value personal injury cases, are under a duty to advise about heads of claim which the client has said he does not wish to pursue and for which he says that he cannot provide supporting evidence.
Held: The appeal failed.

Judges:

Jackson, Henderson LJJ

Citations:

[2017] EWCA Civ 1303

Links:

Bailii

Jurisdiction:

England and Wales

Professional Negligence, Personal Injury

Updated: 29 March 2022; Ref: scu.593147

Singh v The City of Cardiff Council: QBD 23 Jun 2017

The clamant sought damages ahving been injured falling from a footbridge.
Held: ‘The injuries were not caused by any failure to maintain the highway and the claimant’s claim under the 1980 Act fails. The claimant’s injuries were not the result of any failure by the defendant to take reasonable care to ensure that he was reasonably safe in using the land adjacent to the footpath and there was no breach of the duty imposed by section 2 of the 1958 Act. The defendant is not liable at common law for any negligence in relation to the injuries that the claimant sustained. For those reasons, the claim does not succeed.’

Judges:

Lewis J

Citations:

[2017] EWHC 1499 (QB)

Links:

Bailii

Statutes:

Occupier’s Liability Act 1957 2, Highways Act 1980 41

Jurisdiction:

England and Wales

Personal Injury, Land

Updated: 27 March 2022; Ref: scu.589915

PT Civil Engineering v Davies: QBD 30 Jun 2017

Appeal by PT Civil Engineering against a decision giving judgment for the claimant, in his claim for damages for personal injuries against the appellant. D was driving a vehicle owned by the defendant. A fire erupted in the vehicle causing D and the two passengers in the vehicle, to leap from the moving vehicle. D sustained injuries and brought a claim for damages alleging negligence on the part of the vehicle owners. The judge had found no cause of the fire.

Judges:

Lewsi J

Citations:

[2017] EWHC 1651 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury

Updated: 27 March 2022; Ref: scu.589912

Vilca and Others v Xstrata Ltd and Another: QBD 30 Jun 2017

The Claimants are 22 Peruvian nationals who claim damages for personal injuries alleged to have been sustained in the course of a protest at the Tintaya copper mine in May 2012.

Judges:

Stuart-Smith J

Citations:

[2017] EWHC 1582 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Torts – Other

Updated: 27 March 2022; Ref: scu.589916

Dodd v Raebarn Estates Ltd and Others: CA 21 Jun 2017

The court considered which of several layers of landlord was ultimately responsible in law for damages to an occupant under the 1972 Act.

Judges:

McFalane, Lewison, McCombe LJJ

Citations:

[2017] EWCA Civ 439

Links:

Bailii

Statutes:

Defective Premises Act 1972

Jurisdiction:

England and Wales

Personal Injury, Landlord and Tenant

Updated: 27 March 2022; Ref: scu.588321

Baker v KTM Sportmotorcycle UK Ltd and Another: CA 3 May 2017

The claimant was riding a motorcycle constructed by the appellant. The front brakes seized, and he was badly injured. KTM now challenged a finding that the galvanic corrosion which led to the seizure was a fault within the 1987 Act.
Held: The appeal failed. The recorder had identified the relevant issues and the evidence before him supported his conclusion.

Citations:

[2017] EWCA Civ 378

Links:

Bailii

Statutes:

Consumer Protection Act 1987 3(1)

Jurisdiction:

England and Wales

Personal Injury, Consumer

Updated: 27 March 2022; Ref: scu.588197

Elson v Stilgoe: CA 30 Mar 2017

Appeal from dismissal of claim for personal injuries in road traffic accident.
Held: The appeal failed: ‘the effect of the judge’s findings is that the claimant was not on the defendant’s side of the road for any length time sufficient for him to be observed by the defendant in a way which required him to take some evasive action. The judge’s findings present a picture of a defendant driving properly, confronted at the last moment by a claimant who had made a decision to veer into his path without good reason for doing so. The clear implication of findings made by the judge was that in the circumstances there was no reasonable ground for asserting that the driver should have taken account of the possibility of a sudden veering into his path without good reason by the claimant. The judge’s conclusions appear to me to show that the sole cause of the accident was the claimant’s actions rather than any action or inaction of the defendant.’

Citations:

[2017] EWCA Civ 193

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Negligence, Road Traffic

Updated: 24 March 2022; Ref: scu.581337

Hamid v Khalid: CA 31 Mar 2017

Appeal against order rejecting allegation of fraud in road traffic collision case.
Held: The appeal failed. The judge dealt with the evidence in sufficient detail to justify the conclusion which she reached, and without any unfairness to the Insurers. There is also an issue of proportionality in play: ‘Without detracting in any way from the principles stated by this court in Harb, it would I think be unrealistic to apply them with the same stringency to a relatively low value road traffic accident case in the County Court as to a multi-million pound claim in the High Court to enforce an alleged oral contract made in most unusual circumstances with a member of the Saudi royal family.’

Citations:

[2017] EWCA Civ 201

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury

Updated: 24 March 2022; Ref: scu.581340

Maylin v Dacorum Sports Trust (T/A XC Sportspace): QBD 9 Mar 2017

Claim for damages after injury climbing at a facility operated by the defendants.
Held: The claim failed: ‘The Participation Statement at the top of the Disclaimer, which, on any view, that the Claimant accepted that she had read, makes it plain that climbing is an activity with a danger of personal injury or death. Moreover as Miss Dabbs made clear in her evidence, which was not seriously challenged, and which I accept, there were at least two notices warning users of the bouldering wall that matting did not make it any safer and at least one notice that spelt out that broken or sprained limbs are common. These were located on both sides of the entrance to the bouldering area and were there to be seen, whether or not the Claimant in fact read them. The mere fact that the Defendant could have done more by perhaps having a receptionist spell out the risks verbally or by handing out a photocopy of the notice warning of the risks and that the mat did not make it any safer is nothing to the point if the steps which were taken were themselves sufficient, as I find they were.’

Judges:

McKenna QC HHJ

Citations:

[2017] EWHC 378 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Negligence

Updated: 24 March 2022; Ref: scu.581315

Criminal Injuries Compensation Authority v First Tier Tribunal and Another: CA 14 Mar 2017

(Social Entitlement Chamber) (Criminal Injuries Compensation) How broad is the definition of those who can properly describe themselves as victims who have sustained personal injuries in and directly attributable to a crime of violence?

Citations:

[2017] EWCA Civ 139

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury

Updated: 23 March 2022; Ref: scu.580891

Re Workvale Ltd (In Liquidation): CA 8 Apr 1992

A limited company was correctly restored to the register from dissolution so that its insurers could face an arguable claim. Where a first writ issued within the primary limitation period was ineffective (although not a nullity) through having been issued against a company which had been struck off the register, the Walkley principle does not defeat a second action in limine, despite the defect being curable, by having the company restored to the register.

Citations:

Gazette 08-Apr-1992, [1992] 1 WLR 416

Statutes:

Limitation Act 1980

Jurisdiction:

England and Wales

Citing:

Distinguished – Walkley v Precision Forgings Ltd HL 1979
The plaintiff tried to bring a second action in respect of an industrial injury claim outside the limitation period so as to overcome the likelihood that his first action, although timeous, would be dismissed for want of prosecution.
Held: He . .
Applied – White v Glass CA 17-Feb-1989
The plaintiff had sued his club under its name, but it was an unincorporated association, and the action was stricken out as improperly constituted. The first writ issued within the primary limitation period but was ineffective. The defendant . .

Cited by:

Cited – Barry Young (Deceased) v Western Power Distribution (South West) Plc CA 18-Jul-2003
The deceased had begun an action on becoming ill after exposure to asbestos by the defendant. He withdrew his action after receiving expert evidence that his illness was unrelated. A post-mortem examination showed this evidence to be mistaken. His . .
Cited – Jacqueline Adam v Rasal Ali CA 21-Feb-2006
The defendant sought damages against the defendant for personal injury from his alleged negligence. Her action was struck out and she recommenced the action. The defendant pleaded that she was out of time. The claimant said that the first action . .
Cited – Horton v Sadler and Another HL 14-Jun-2006
The claimant had been injured in a road traffic accident for which the defendant was responsible in negligence. The defendant was not insured, and so a claim was to be made against the MIB. The plaintiff issued proceedings just before the expiry of . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Limitation, Personal Injury

Updated: 23 March 2022; Ref: scu.85903

Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018

Limits to Police Exemption from Liability

The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal succeeded.
It is normally only in a novel type of case, where established principles do not provide an answer, that the courts need to go beyond those principles in order to decide whether a duty of care should be recognised. Since the police generally owe a duty of care not to inflict physical injury by their actions when such a duty arises under the ordinary principles of the law of negligence, unless statute or other common law principle provides otherwise, there was no requirement here to examine whether the recognition of the claimed duty would be fair, just and reasonable.
‘Properly understood, Caparo thus achieves a balance between legal certainty and justice. In the ordinary run of cases, courts consider what has been decided previously and follow the precedents (unless it is necessary to consider whether the precedents should be departed from). In cases where the question whether a duty of care arises has not previously been decided, the courts will consider the closest analogies in the existing law, with a view to maintaining the coherence of the law and the avoidance of inappropriate distinctions. They will also weigh up the reasons for and against imposing liability, in order to decide whether the existence of a duty of care would be just and reasonable.’
and: ‘On examination . . there is nothing in the ratio of any of the authorities relied on by the respondent which is inconsistent with the police being under a liability for negligence resulting in personal injuries where such liability would arise under ordinary principles of the law of tort. That is so notwithstanding the existence of some dicta which might be read as suggesting the contrary.’
[2018] WLR(D) 83

Judges:

Lady Hale, Lord Mance, Lord Reed, Lord Hughes, Lord Hodge

Citations:

[2018] UKSC 4, [2018] 2 WLR 595, [2018] AC 736, [2018] PIQR P9, [2018] 2 All ER 1041, [2018] WLR(D) 83, UKSC 2016/0082

Links:

Bailii, Bailii Summary, WLRD, SC, SC Summary, SC Video Summary, SC 12 Jul 2017 am Video, SC 2017 Jul 12 pm Video

Jurisdiction:

England and Wales

Citing:

Cited – Hill v Chief Constable of West Yorkshire HL 28-Apr-1987
No General ty of Care Owed by Police
The mother of a victim of the Yorkshire Ripper claimed in negligence against the police alleging that they had failed to satisfy their duty to exercise all reasonable care and skill to apprehend the perpetrator of the murders and to protect members . .
Appeal from – Robinson v West Yorkshire Police CA 5-Feb-2014
The claimant was a bystander, injured during an arrest on the street by officers employed by the respondent. She now appealed against rejection of her claim in negligence. Held; No duty of care was owed, and that, even if the officers had owed Mrs . .
Cited – Desmond v The Chief Constable of Nottinghamshire Police CA 12-Jan-2011
The claimant appealed from the rejection of his claim in negligence against the police. He had been arrested on suspicion of a sexual assault, but the investigating officer concluded that he was not responsible for the crime. Despite this, several . .
Cited – Anns and Others v Merton London Borough Council HL 12-May-1977
The plaintiff bought her apartment, but discovered later that the foundations were defective. The local authority had supervised the compliance with Building Regulations whilst it was being built, but had failed to spot the fault. The authority . .
Cited – Marc Rich and Co Ag and Others v Bishop Rock Marine Co Ltd and Others HL 6-Jul-1995
A surveyor acting on behalf of the classification society had recommended that after repairs specified by him had been carried out a vessel, the Nicholas H, should be allowed to proceed. It was lost at sea.
Held: The marine classification . .
Cited – MacFarlane and Another v Tayside Health Board HL 21-Oct-1999
Child born after vasectomy – Damages Limited
Despite a vasectomy, Mr MacFarlane fathered a child, and he and his wife sought damages for the cost of care and otherwise of the child. He appealed a rejection of his claim.
Held: The doctor undertakes a duty of care in regard to the . .
Cited – Smith and Others v The Ministry of Defence SC 19-Jun-2013
The claimants were PRs of men who had died or were severely injured on active duty in Iraq being variously fired at by mistake by other coalition forces, or dying in vehicles attacked by roadside bombs. Appeals were heard against a finding that the . .
Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Cited – Barrett v London Borough of Enfield HL 17-Jun-1999
The claimant had spent his childhood in foster care, and now claimed damages against a local authority for decisions made and not made during that period. The judge’s decision to strike out the claim had been upheld by the Court of Appeal.
Cited – Perrett v Collins, Underwood PFA (Ulair) Limited (T/a Popular Flying Association) CA 22-May-1998
The plaintiff was a passenger in an aircraft which crashed, and there was a preliminary issue as to the liability to him of those who certified that the aircraft was fit to fly. The propeller was mismatched to the gearbox.
Held: A certifying . .
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Cited – Mitchell and Another (Aps) v Glasgow City Council SCS 29-Feb-2008
(Extra Division, Inner House) The pursuers sought to hold the Council responsible in negligence after a neighbour (D) killed the husband and father. The defenders had been aware of D’s threatening and aggressive behaviour towards the deceased, . .
Cited – The Mersey Docks And Harbour Board Trustees v Gibbs And Others; The Mersey Docks And Harbour Board’ Trustees v Pierce, W Penhallow, And Others HL 30-Jun-1866
Persons who have a duty to perform, and who may be made responsible for injuries if they know of causes of mystery which in the discharge of that Duty they ought to remedy, are equally responsible if they negligence they remain ignorant of those . .
Cited – Gorringe v Calderdale Metropolitan Borough Council HL 1-Apr-2004
Statutory Duty Not Extended by Common Law
The claimant sought damages after a road accident. The driver came over the crest of a hill and hit a bus. The road was not marked with any warning as to the need to slow down.
Held: The claim failed. The duty could not be extended to include . .
Cited – Geddis v Proprietors of Bann Reservoir HL 18-Feb-1878
The owner of land injured by operations authorised by statute ‘suffers a private loss for the public benefit’, and in the absence of clear statutory authority is unable to claim: ‘It is now thoroughly well established that no action will lie for . .
Cited – East Suffolk Rivers Catchment Board v Kent HL 1941
An exceptionally high spring tide caused many breaches of the banks of the River Deben, and extensive flooding, including the respondent’s farm. By section 6 of the 1930 Act, the appellants had a statutory power to maintain the flood defences, but . .
Cited – Dorset Yacht Co Ltd v Home Office HL 6-May-1970
A yacht was damaged by boys who had escaped from the supervision of prison officers in a nearby Borstal institution. The boat owners sued the Home Office alleging negligence by the prison officers.
Held: Any duty of a borstal officer to use . .
Cited – Smith v Littlewoods Organisation Limited (Chief Constable, Fife Constabulary, third party); Maloco v Littlewoods Organisation Ltd HL 1987
The defendant acquired a semi derelict cinema with a view to later development of the site. A fire started by others spread to the pursuer’s adjoining property.
Held: The defendants were not liable in negligence. The intervention of a third . .
Cited – Stovin v Wise, Norfolk County Council (Third Party) HL 24-Jul-1996
Statutory Duty Does Not Create Common Law Duty
The mere existence of statutory power to remedy a defect cannot of itself create a duty of care to do so. A highway authority need not have a duty of care to highway users because of its duty to maintain the highway. The two stage test ‘involves . .
Cited – An Informer v A Chief Constable CA 29-Feb-2012
The claimant appealed against dismissal of his claim for damages against the police. He had provided them with information, but he said that they had acted negligently and in breach of contract causing him financial loss. The officer handling his . .
Cited – Murphy v Brentwood District Council HL 26-Jul-1990
Anns v Merton Overruled
The claimant appellant was a house owner. He had bought the house from its builders. Those builders had employed civil engineers to design the foundations. That design was negligent. They had submitted the plans to the defendant Council for approval . .
Cited – Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Cited – Glasbrook Brothers Limited v Glamorgan County Council HL 1925
A colliery manager asked for police protection for his colliery during a strike. He wanted police officers to be billeted on the premises. The senior police officer for the area was willing to provide protection by a mobile force, but he refused to . .
Cited – The Attorney General v Hartwell PC 23-Feb-2004
PC (The British Virgin Islands) A police officer had taken the police revolver, and used it to shoot the claimant. It was alleged that the respondent police force were vicariously liable for his acts and also . .
Cited – Blackburn v Commissioner of the Police for the Metropolis CA 1968
By common law police officers owe to the general public a duty to enforce the criminal law. However, police are servants of no one but the law itself, and a chief officer of police has a wide discretion as to the manner in which the duty is . .
Cited – Regina v Dytham CACD 1979
A constable was 30 yards away from the entrance to a club, from which he saw a man ejected. There was a fight involving cries and screams and the man was beaten and kicked to death in the gutter outside the club. The constable made no move to . .
Cited – Knightley v Johns and others CA 27-Mar-1981
There had been an accident in a tunnel, blocking it. The defendant inspector ordered a traffic constable to ride into the tunnel on his motorcycle against the flow of traffic. The constable crashed and sought damages for negligence against the . .
Cited – Rigby and another v Chief Constable of Northamptonshire 1985
The police were found liable to pay damages for negligence having fired a gas canister into the plaintiffs’ gunsmith’s hop premises in order to flush out a dangerous psychopath. There had been a real and substantial fire risk in firing the canister . .
Cited – Marshall v Osmond CA 1983
The plaintiff was passenger in a stolen car seeking to escape the police as they chased. The car was stopped, the plaintiff got out of the car, and was hit by a police car. He sought damages.
Held: His appeal against dismissal of his claim was . .
Cited – Calveley v Chief Constable of the Merseyside Police HL 1989
Police officers brought an action in negligence against a Chief Constable on the ground that disciplinary proceedings against them had been negligently conducted. They claimed that the investigating officers had negligently failed to conduct the . .
Cited – Elguzouli-Daf v Commissioner of Police of the Metropolis and Another CA 16-Nov-1994
The Court upheld decisions striking out actions for negligence brought by claimants who had been arrested and held in custody during criminal investigations which were later discontinued. The Crown Prosecution Service owes no general duty of care to . .
Cited – Ashley and Another v Chief Constable of Sussex Police HL 23-Apr-2008
The claimants sought to bring an action for damages after a family member suspected of dealing drugs, was shot by the police. At the time he was naked. The police officer had been acquitted by a criminal court of murder. The chief constable now . .
Cited – SXH v The Crown Prosecution Service (CPS) SC 11-Apr-2017
The Court was asked: ‘Does a decision by a public prosecutor to bring criminal proceedings against a person fall potentially within the scope of article 8 of the European Convention on Human Rights in circumstances where a) the prosecutor has . .
Cited – Minio-Paluello v The Commissioner of Police of The Metropolis QBD 16-Dec-2011
The Claimant sought damages for assault (or battery) and/or in negligence arising out of serious injuries which she suffered in the course of a pro-Palestinian demonstration. She was pulled up from the ground by a police officer with excessive . .
Cited – McDonnell v The Commissioner of Police for The Metropolis and Another CA 14-May-2015
The claim for damages by a suspected drug dealer for assault arising from the use of excessive force during his arrest failed only on its facts. . .
Cited – Brooks v Commissioner of Police for the Metropolis and others HL 21-Apr-2005
The claimant was with Stephen Lawrence when they were both attacked and Mr Lawrence killed. He claimed damages for the negligent way the police had dealt with his case, and particularly said that they had failed to assess him as a victim of crime, . .

Cited by:

Cited – Steel and Another v NRAM Ltd (Formerly NRAM Plc) SC 28-Feb-2018
The appellant solicitor acted in a land transaction. The land was mortgaged to the respondent bank. She wrote to the bank stating her client’s intention to repay the whole loan. The letter was negligently mistaken and the bankers allowed the . .
Cited – James-Bowen and Others v Commissioner of Police of The Metropolis SC 25-Jul-2018
The Court was asked whether the Commissioner of Police of the Metropolis (‘the Commissioner’) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . .
Cited – Darnley v Croydon Health Services NHS Trust SC 10-Oct-2018
The claimant had been assaulted. He presented at the defendant hospital with head injuries. Despite his complaints he said he was not treated properly, being told to wait five hours at reception, and went home. Later an ambulance was delayed and he . .
Cited – Poole Borough Council v GN and Another SC 6-Jun-2019
This appeal is concerned with the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties. The principal question of . .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Negligence, Police

Leading Case

Updated: 11 February 2022; Ref: scu.604215

Casson v Hudson and Another: CA 3 Mar 2017

Appeal against the dismissal of a claim for damages in respect of injuries sustained by him when he fell from a ladder, while carrying out decorating work.

Judges:

Patten, Sales, David Richards LJJ

Citations:

[2017] EWCA Civ 125

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Health and Safety

Updated: 06 February 2022; Ref: scu.578203

Lungowe and Others v Vedanta Resources Plc and Another: TCC 27 May 2016

‘The claimants are 1,826 Zambian citizens who are residents of four communities (Shimulala, Hellen, Kakosa and Hippo Pool) in the Chingola region of Zambia. On 31 July 2015, they commenced these proceedings alleging personal injury, damage to property, loss of income and loss of amenity and enjoyment of land arising out of alleged pollution and environmental damage caused by the Nchanga copper mine (‘the mine’) from 2005 to the present day.’

Judges:

Coulson J

Citations:

[2016] EWHC 975 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal from – Lungowe and Others v Vedanta Resources Plc and Another CA 13-Oct-2017
Appeal against jurisdiction order . .
At TCC – Vedanta Resources Plc and Another v Lungowe and Others SC 10-Apr-2019
The claimants alleged negligence causing them personal injury and other losses arising from pollution from mining operations of the defendants in Zambia. The company denied jurisdiction. . .
See Also – Lungowe v Vedanta Resources Plc and Others TCC 27-Mar-2020
. .
Lists of cited by and citing cases may be incomplete.

Personal Injury

Updated: 29 January 2022; Ref: scu.565561

Lungowe and Others v Vedanta Resources Plc and Another: CA 13 Oct 2017

Appeal against jurisdiction order

Judges:

Jackson, Simon, Asplin LJJ

Citations:

[2017] EWCA Civ 1528, [2017] BCC 787, [2018] 1 WLR 3575, [2017] WLR(D) 741

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

Appeal from – Lungowe and Others v Vedanta Resources Plc and Another TCC 27-May-2016
‘The claimants are 1,826 Zambian citizens who are residents of four communities (Shimulala, Hellen, Kakosa and Hippo Pool) in the Chingola region of Zambia. On 31 July 2015, they commenced these proceedings alleging personal injury, damage to . .

Cited by:

Appeal from – Vedanta Resources Plc and Another v Lungowe and Others SC 10-Apr-2019
The claimants alleged negligence causing them personal injury and other losses arising from pollution from mining operations of the defendants in Zambia. The company denied jurisdiction. . .
See Also – Lungowe v Vedanta Resources Plc and Others TCC 27-Mar-2020
. .
Lists of cited by and citing cases may be incomplete.

Personal Injury, Torts – Other, Jurisdiction

Updated: 29 January 2022; Ref: scu.596092

Crawley v Barnsley Metropolitan Borough Council: CA 2 Feb 2017

Appeal by a highway authority against a decision that it is liable in damages to a person who tripped on a pothole in the road and fell to the ground, suffering injuries.

Judges:

Jackson, Briggs, Irwin LJJ

Citations:

[2017] EWCA Civ 36, [2017] WLR(D) 77

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Local Government, Personal Injury

Updated: 29 January 2022; Ref: scu.573866

Wilkes v Depuy International Ltd: QBD 6 Dec 2016

The claimant suffered injury after his artificial left hip, supplied by the defendants, fractured.

Judges:

Hickinbottom J

Citations:

[2016] EWHC 3096 (QB)

Links:

Bailii

Statutes:

Consumer Protection Act 1987 3, EC Council Directive 93/42/EEC, Medical Devices Regulations 2002

Jurisdiction:

England and Wales

Professional Negligence, Personal Injury, Consumer

Updated: 28 January 2022; Ref: scu.573398

Wood and Another v Tui Travel Plc (T/A First Choice): CA 16 Jan 2017

Claim for damages under the 1982 Act after the claimants suffered acute gastroenteritis while staying at an Hotel in the Dominican Republic while on an all-inclusive holiday provided by the respondent.

Judges:

Sir Brian Leveson P QBD, McFarlane, Burnett LJJ

Citations:

[2017] EWCA Civ 11

Links:

Bailii

Statutes:

Supply of Goods and Services Act 1982

Jurisdiction:

England and Wales

Personal Injury, Consumer

Updated: 28 January 2022; Ref: scu.573283

McNiece, Regina (on The Application of) v Criminal Injuries Compensation Authority: Admn 12 Jan 2017

The claimants sought judicial review of the operation of the criminal injuries compensation scheme saying that the way it imposed a ban on an award of damages to those with an unspent conviction infringed their human rights, being a disproportionate interference in their Article 1 rights, was discriminatory, and ultra vires the stautory powers.
Held: The claims failed.

Judges:

Wilkie J

Citations:

[2017] EWHC 2 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Personal Injury, Human Rights

Updated: 28 January 2022; Ref: scu.573210

Baynham v Royal Wolverhampton Hospitals Nhs Trust: CA 13 Dec 2016

Appeal by a young woman suffering from cerebral palsy against a decision that a 30 minute delay in delivering her by Caesarean section did not cause or materially contribute to her disabilities. The principal issue in this appeal is whether the trial judge erred in assessing the expert evidence.

[2016] EWCA Civ 1249
Bailii
England and Wales

Personal Injury

Updated: 27 January 2022; Ref: scu.572409

Macdonald or Duris v Wilsons and Clyde Coal Co Ltd: HL 13 May 1912

Master and Servant – Workmen’s Compensation Act 1906 (8 Edw. VII, cap. 58), Schedule I (16) – Weekly Payment – Review – Partial Incapacity – Inability to Find Suitable Work – No Change in Physical Condition

the Lord Chancellor (Loreburn), Lord Macnaghten, Lord Atkinson, and Lord Shaw
[1912] UKHL 708, 49 SLR 708
Bailii
Workmen’s Compensation Act 1906
England and Wales

Health and Safety, Personal Injury

Updated: 26 January 2022; Ref: scu.619244

Klein v Commission: ECFI 28 Sep 2016

ECJ (Judgment) Non-contractual liability – Directive 93/42 / EEC – Harmonized Plan for the safety and protection of the health of patients, users and third parties for the use of medical devices – Article 8 – Notification of a decision prohibiting the placing on the market – No position taken by the Commission – Article 18 – undue CE Marking – Damage – sufficiently serious breach of a rule of law conferring rights on individuals – causation

ECLI:EU:T:2016:570, [2016] EUECJ T-309/10
Bailii
European

European, Personal Injury, Health Professions

Updated: 23 January 2022; Ref: scu.569635

RoadPeace v Secretary of State for Transport: Admn 7 Nov 2017

RoadPeace challenged certain legislation, as to compulsory insurance for motor vehicles, and for payment of compensation for personal injury and damages caused by uninsured driver, saying that it failed properly to implement European law.
Held: Ouseley J recorded and accepted the view of the Secretary of State for Transport and the Motor Insurers’ Bureau that section 145(3)(a) could not be read down and that there required to be amending legislation.

Ouseley J
[2017] EWHC 2725 (Admin), [2017] WLR(D) 736
Bailii, WLRD
Road Traffic Act 1988 145 151 153(3), Third Parties (Rights Against Insurers) Act 2010 1(4), European Communities (Rights Against Insurers) Regulations 2002, Parliament and Council Directive 2009/103/EC
England and Wales
Cited by:
Cited – R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd SC 27-Mar-2019
The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and . .

Lists of cited by and citing cases may be incomplete.

European, Personal Injury, Road Traffic, Insurance

Updated: 23 January 2022; Ref: scu.599418

RXDX v Northampton Borough Council and Another: CA 9 Jun 2016

Thw Council sought leave to appeal against a finding that lifeguards at its pool had been negligent after the claimant, a child of 6 years old and unable to swim, had suffered serious injury at their swimming pool.
Held: It was arguable that the judge had set the standard of care too high as against the council. Leave to appeal granted.

[2016] EWCA Civ 672
Bailii
England and Wales

Negligence, Personal Injury

Updated: 22 January 2022; Ref: scu.568621

Hayden v Hayden: CA 24 Mar 1992

Appeal by the defendant driver against the level of an award of damages to a minor suing by her next friend The plaintiff cross-appeals to argue that it was not large enough. The action resulted from a motor accident on 30th August 1983. The defendant was driving a motor car towing a caravan. His wife was a passenger in the car when the car and caravan overturned and his wife was killed. Liability was not disputed.

Parker, McCowan LJJ, Sir David Croom-Johnson
[1992] EWCA Civ 13, [1992] 1 WLR 986
Bailii
England and Wales

Damages, Personal Injury

Updated: 22 January 2022; Ref: scu.262621

Giambrone and others v JMC Holidays Ltd (Formerly Sunworld Holidays Ltd): QBD 20 Dec 2002

The Honourable Mr Justice Morland
[2002] EWHC 2932 (QB), [2003] 2 Costs LR 189
Bailii
England and Wales
Citing:
Cited – Steven Robert Evans v Pontypridd Roofing Limited CA 9-Nov-2001
The claimant sought as part of his damages the cost of the care provided by family members. Counsel for the defendant raised issues about tax, national insurance and travel and other costs which a professional carer would have to bear, which led the . .
Cited – Hunt v Severs HL 7-Sep-1994
The tortfeasor, a member of the claimant’s family provided her with voluntary nursing care after the injury. The equivalent cost of that care, was recoverable, but would be held on trust for the carer. The underlying rationale of English Law is to . .

Cited by:
Appeal from – Giambrone and others v Sunworld Holidays Ltd CA 18-Feb-2004
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-enteritis and cared for by their . .
Elaborated – Ortwein v Rugby Mansions Ltd 2004
. .
Cited – Ross v Stonewood Securities Ltd ChD 7-Oct-2004
The claimant appealed an order reducing his award of costs. . .

Lists of cited by and citing cases may be incomplete.

Personal Injury, Costs

Updated: 20 January 2022; Ref: scu.178814

Vibert v Zenith Insurance and Another: SCS 7 Jul 2016

The pursuer had suffered serious injuries in a road traffic accident. She was a passenger in a car driven by her partner, who died in the accident. It was said that they had been undertaken by another car. The insurers said that the twocars had been racing each other.

Lord Turnbull
[2016] ScotCS CSOH – 96
Bailii

Scotland, Personal Injury, Negligence

Updated: 19 January 2022; Ref: scu.567045

Committeri v Club Mediterranee Sa Generali Assurances Iard Sa: QBD 30 Jun 2016

Hearing of liability only in relation to a claim against Club Mediterranee SA (‘Club Med’) and Generali Assurances Iard SA (‘Generali’) which arises out of an accident which occurred when C was climbing an ice wall on the Mer de Glace, Chamonix, France slipped and fell causing injuries to his foot and ankle. The success of this claim depends on whether French law applies under which it is common ground that Mr Committeri will obtain judgment for damages to be assessed, or English law applies under which it is common ground that C’s claim will fail.

Dingemans J
[2016] EWHC 1510 (QB)
Bailii

Personal Injury, International

Updated: 18 January 2022; Ref: scu.566257

Jefford v Gee: CA 4 Mar 1970

The courts of Scotland followed the civil law in the award of interest on damages. The court gave examples of the way in which they apply the ex mora rule when calculating the interest payable in a judgment. If money was wrongfully withheld, then the courts had power to award interest during the period of delay between the time the money was legally and ascertainably due and the time when the court ordered that it should be paid.
The court established the principles for awarding interest on damages awards in personal injuries cases: ‘Therefore if I could see my way to do so, I should certainly be disposed to give the appellants, or anybody in a similar position, interest upon the amount withheld from the time of action brought at all events.’ and ‘It should only be awarded to a plaintiff for being kept out of money which ought to have been paid to him’ and ‘We applied this principle very recently in Harbutt’s ‘Plasticine’ Ltd . . . where we all agreed in saying: ‘the basis of an award of interest is that the defendant has kept the plaintiff out of his money; and the defendant has had the use of it himself. So he ought to compensate the plaintiff accordingly’.’ The court used published short term interest rates. The half rate approach was used because interest was not large enough to warrant minute attention to detail. The half rate was a reasonable approximation. In relation to benefits, the plaintiff (whilst he received no interest on the moiety for which he gave credit against damages) did not have to give credit in the interest calculation in respect of his windfall receipt of the other moiety of benefits paid.

Lord Denning MR
[1970] 2 QB 130, [1970] EWCA Civ 8, [1970] 1 All ER 1202, [1970] 1 Lloyd’s Rep 107, [1970] 2 WLR 702
Bailii
Scotland
Citing:
Cited – London, Chatham and Dover Railway Co v South Eastern Railway Co HL 1893
The Lord Chancellor was considering the position of a creditor whose debtor refused to exchange accounts as agreed, thus preventing the creditor from quantifying the debt.
Held: The House declined to alter the rule in Page -v- Newman.
Cited by:
Cited – Lesotho Highlands Development Authority v Impregilo Spa and others CA 31-Jul-2003
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest . .
Cited – Spittle v Bunney CA 1988
The plaintiff made a claim in damages for the loss of her mother’s services.
Held: In assessing a FAA claim on behalf of a child a judge, directing himself as he would a jury, was, in valuing the mothers services to take into account the . .
Cited – Eagle (By Her Litigation Friend) v Chambers CA 29-Jul-2004
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 . .
Cited – Adcock v Co-Operative Insurance Society Ltd CA 26-Apr-2000
The claimant claimed under his fire insurance with the defendants. He sought damages for their delay in processing the claim.
Held: The power to award interest on damages is discretionary. The judge had refused to allow interest, at a rate . .
Cited – Knight v Axa Assurances QBD 24-Jul-2009
The claimant was injured in a car accident in France. The defendant insurer said that the quantification of damages was to be according to French law and the calculation of interest also. The claimant said that English law applied.
Held: The . .
Cited – Dexter v Courtaulds Ltd CA 1984
The plaintiff had been injured at work, and awarded damages, including for loss of wages. The parties disputed the method of calculation of interest on the damages.
Held: To avoid the laborious detailed calaculations of interest from day to . .
Cited – Cookson v Knowles CA 1977
Lord Denning MR said: ‘In Jefford v Gee . . we said that, in personal injury cases, when a lump sum is awarded for pain and suffering and loss of amenities, interest should run ‘ from the date of service of the ‘writ to the date of trial’. At that . .
Cited – Pickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .
Cited – Revenue and Customs v Joint Administrators of Lehman Brothers International (Europe) SC 13-Mar-2019
The Court was asked whether interest payable under rule 14.23(7) of the Insolvency Rules 2016 is ‘yearly interest’ within the meaning of section 874 of the Income Tax Act 2007. If so, the administrators must deduct income tax before paying interest . .

Lists of cited by and citing cases may be incomplete.

Damages, Scotland, Personal Injury

Updated: 17 January 2022; Ref: scu.185179

Feest v South West Strategic Health Authority and Others: QBD 7 Feb 2014

The claimant sustained a serious spinal injury whilst a passenger on board a 9 metre RIB (rigid inflatable boat) called the Celtic Pioneer. She and 10 work colleagues were participating in a 1 hour boat trip in the Bristol Channel as part of a corporate team building exercise.

Havelock Allen QC HHJ
[2014] EWHC 177 (QB), [2014] 1 Lloyd’s Rep 419
Bailii
Convention Relating to the Carriage of Passengers and their Luggage by Sea

Transport, Personal Injury, Limitation

Updated: 14 January 2022; Ref: scu.563235

Middleton v Ipswich Hospital NHS Trust: QBD 27 Mar 2015

Claim for damages for clinical negligence brought on behalf of his child by his father and litigation friend in respect of a significant brachial plexus injury to Finlay’s right upper limb as a result of the circumstances of his birth.

McKenna HHJ
[2015] EWHC 775 (QB)
Bailii
England and Wales

Personal Injury

Updated: 10 January 2022; Ref: scu.545024

Crammond v Medway NHS Foundation Trust: QBD 1 Dec 2015

‘the Claimant claims damages for personal injury and other losses arising out of his medical treatment at the Medway Maritime Hospital Gillingham Kent. This is an interesting case which involves some consideration of the relationship between Accident and Emergency Departments and Same Day Treatment Centres.’

Brian Forster QC HHJ
[2015] EWHC 3540 (QB)
Bailii
England and Wales

Personal Injury, Professional Negligence

Updated: 07 January 2022; Ref: scu.556487

The South West Strategic Health Authority v Bay Island Voyages: CA 14 Jul 2015

potential liability of sea carriers to contribute to the liability incurred by third parties for the death of or personal injury to a passenger, or the loss of or damage to his luggage, occurring in the course of carriage performed by the sea carrier.

[2015] EWCA Civ 708, [2016] 2 WLR 649, [2015] 2 Lloyd’s Rep 652, [2016] 1 All ER (Comm) 821, [2016] 4 All ER 107, [2016] QB 503
Bailii
England and Wales

Transport, Personal Injury

Updated: 02 January 2022; Ref: scu.550307

Dunnage v Randall and Another: CA 2 Jul 2015

The claimant appealed against rejection of his claim for personal injuries. The deceased whilst suffering mental illness poured petrol on himself and ignited it. The claimant was injured seeking to prevent this. The events occurred in the deceased’s home and he had insurance. The claimant appealed against athe deciion which had found that the deceased’s duty of care was negatived by his mental condition.
Held: If the person had a legal duty of care to a claimant, that duty need not be negatived by his mental condition. The standard required was that of a reasonable person, not that of a treasonable person with that mental condition. The legal analysis of responsibility does not rest of a false distinction between physical and mental conditions.

Arden, Rafferty, Vos LJJ
[2015] EWCA Civ 673, [2015] WLR(D) 287, [2016] PIQR P1, [2016] MHLR 117, [2016] 2 WLR 839, [2016] QB 639
Bailii, WLRD
England and Wales

Personal Injury, Negligence

Updated: 01 January 2022; Ref: scu.549750