Speech by The Hon. Sir Charles Haddon-Cave
“Piper 25” Oil & Gas UK Conference, 19th June 2013
Source: www.judiciary.gov.uk
“The payout was the largest given to teachers last year. It was secured by the Nation Union of Teachers after the employee, from the South West, was left with chronic pain and forced to quit his job.”
Daily Telegraph, 29th March 2013
Source: www.telegraph.co.uk
“Teachers won record amounts of compensation last year after suffering accidents, injuries or assaults at school, figures show.”
The Guardian, 29th March 2013
Source: www.guardian.co.uk
Swift v Secretary of State for Justice [2013] EWCA Civ 193; [2013] WLR (D) 118
“The exclusion of a person, cohabiting for less than two years with another who had subsequently died, from the classes of family members entitled to claim damages for loss of dependency under the Fatal Accidents Act 1976, as amended, was a proportionate means of pursuing the legitimate legislative aim of confining the right to recovery to those who had relationships of some degree of permanence and dependence. Accordingly, section 1(3)(b) of the 1976 Act, as substituted by section 3(1) of the Administration of Justice Act 1982, was not incompatible with article 14, in conjunction with article 8, of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the choice made by the legislature was not manifestly without foundation and was one Parliament was entitled to make. And even if the section amounted to an interference with the right to respect for family life in breach of article 8.1, the interference was justified under article 8.2.”
WLR Daily, 18th March 2013
Source: www.iclr.co.uk
“Swift v. Secretary of State for Justice, Court of Appeal, 18 February 2013. Ms Swift lost her live-in partner in an accident at work caused by negligence. She was pregnant with her partner’s child, but had only been living with him for 6 months. Had she been with him for 2 years, she could have claimed damages for his death under section 1(3) of the Fatal Accidents Act – set out at [1] of the CA judgment. She would then have been a ‘dependant’ as defined under the FAA. So she argued that her rights under Articles 8 (family) and 14 (discrimination) of the ECHR were not properly respected by the law governing damages for the death of a relative – there was no justification for this stark cut-off – 1 year 11 months no claim, 2 years a claim. The judge refused to grant a declaration of incompatibility between the ECHR and the Fatal Accidents Act, and the Court of Appeal has just upheld his decision.”
UK Human Rights Blog, 18th March 2013
Source: www.ukhumanrightsblog.com
“MPs on the transport select committee are launching an inquiry into whiplash claims, chairman Louise Ellman revealed yesterday.”
Litigation Futures, 6th March 2013
Source: www.litigationfutures.com
“The High Court’s rejection of the challenge to the RTA portal fee cut represents ‘a dark day’ for accident victims, the Association of Personal Injury Lawyers (APIL) has claimed.”
Litigation Futures, 4th March 2013
Source: www.litigationfutures.com
“A firm has been ordered to pay £81,600 after a worker was injured when her hair and scarf became tangled in machinery.”
BBC News, 17th January 2013
Source: www.bbc.co.uk
“Manslaughter charges have been dropped against a man who organised a fireworks display next to the site of a motorway pileup that killed seven people.”
The Guardian, 15th January 2013
Source: www.guardian.co.uk
“A coroner has condemned driving licence laws for older drivers as ‘puny’ after an 89-year-old died following a head-on-crash as she drove the wrong way down the M40 motorway for more than ten miles.”
Daily Telegraph, 7th December 2012
Source: www.telegraph.co.uk
“The death of a 16-year-old Dorset schoolboy after being hit by a hockey ball thrown by another pupil was a tragic accident, an inquest jury has found.”
The Independent, 29th November 2012
Source: www.independent.co.uk
“British workers put in some of the longest hours in Europe, and the burden falls particularly heavily on shift workers. You have often seen the signs ‘Tiredness Kills’ along motorways. In many instances this is literally true and over-tired drivers coming home from long shifts pose a real hazard to themselves and other road users.”
Hardwicke Chambers, 10th October 2012
Source: www.hardwicke.co.uk
“The death of a man killed by a piece of falling masonry as he sat at a restaurant was an accident, an inquest jury has ruled.”
The Independent, 9th October 2012
Source: www.independent.co.uk
“Swift v. Secretary of State for Justice [2012] EWHC 2000 (QB) Eady J, read judgment. This decision involves the intersection of Articles 8 (family) and 14 (discrimination) of the ECHR with the law governing who can recover damages for the death of a relative. This law is the Fatal Accidents Act 1976 (for the text see [10] of the judgment – embarrassingly, the one freely available on the internet is out of date). One does not to think for very long before realising that the FAA is underpinned by an idea that one ought to respect the rights of the family, and to pay the family when one has negligently caused the death of a family member. But like all such laws, there is the problem of where to stop – where does the family stop for these purposes?”
UK Human Rights Blog, 24th July 2012
Source: www.ukhumanrightsblog.com
“The advice of a well meaning but ill-advised scoutmaster was to blame for the death of a 14 year old girl training for the Ten Tors Expedition, a judge has ruled.”
Daily Telegraph, 29th June 2012
Source: www.telegraph.co.uk
“Customers could face yet more hikes in their car insurance after a court ruling that experts fear could lead to minor repairs costing 25pc more.”
Daily Telegraph, 15th June 2012
Source: www.telegraph.co.uk
“A mother who put her three-year-old daughter in a car booster seat has been found partly responsible for her crippling car crash injuries by the High Court because it was the wrong seat for her age.”
Daily Telegraph, 26th April 2012
Source: www.telegraph.co.uk
“Assaults, accidents, injuries and discrimination in the workplace have seen teachers collectively secure millions of pounds in compensation claims, according to figures released by three teaching unions to coincide with annual conferences over the Easter holidays.”
The Guardian, 5th April 2012
Source: www.guardian.co.uk
“A racing circuit groundsman who was brain-damaged in a freak work accident has been awarded more than £2 million damages.”
The Independent, 2nd April 2012
Source: www.independent.co.uk
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