Cyclist’s family awarded £580,000 – BBC News
“The family of a teacher killed while cycling home from his school in Greater Manchester has been awarded compensation of £580,000.”
BBC News, 28th July 2009
Source: www.bbc.co.uk
Category: accidents
Grandmother cleared over baby killed by dogs – The Guardian
“Coroner records verdict of accidental death in case of three-month-old Joseph Mack, mauled while grandmother slept.”
The Guardian, 25th June 2009
Source: www.guardian.co.uk
Copley v Lawn; Maden v Haller – WLR Daily
Copley v Lawn; Maden v Haller [2009] EWCA Civ 580; [2009] WLR (D) 200
“Where, following a road accident caused by a defendant’s negligence, the defendant’s insurers offered to provide a ‘free’ replacement car to the claimant while his own car was being repaired, the claimant could reasonably reject or ignore the offer if it did not make clear the cost of hire to the defendant for the purpose of enabling the claimant to make a realistic comparison with the cost to him of making his own hire car arrangements. If a claimant did unreasonably reject or ignore the offer, he did not forfeit his damages claim altogether but was entitled to recover at least the cost which the defendant could show he would reasonably have incurred. The general rule that the claimant could recover the market rate of hire for his loss of use prevailed, unless, and to the extent that, the defendant could show that, on the facts of a particular case, a car could have been provided more cheaply than at the market rate.”
WLR Daily, 19th June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Potters Bar and Grayrigg: public inquiry into train disasters ruled out – Daily Telegraph
“A public inquiry into the 2002 Potters Bar rail crash which claimed seven lives, and the 2007 Grayrigg derailment in which an elderly passenger was killed, has been ruled out by the Government.”
Daily Telegraph, 19th June 2009
Source: www.telegraph.co.uk
Gray v Thames Trains Ltd – WLR Daily
Gray v Thames Trains Ltd [2009] UKHL 33; [2009] WLR (D) 195
“A person who, as a result of a railway accident, suffered post-traumatic stress disorder which led him to kill someone, could not, as part of his claim for damages in negligence against the train operators responsible for the accident, recover damages for loss of earnings following his detention after the killing in prison, and subsequently in hospital under ss 37 and 41 of the Mental Health Act 1983.”
WLR Daily, 18th June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Gray v Thames Trains Ltd and Another – Times Law Reports
Gray v Thames Trains Ltd and Another
House of Lords
“A claimant who, as a result of a railway accident caused by the defendants’ negligence, suffered post-traumatic stress disorder which led him to kill someone, could not recover damages for loss of earnings following his detention, in prison and in mental hospital, after the killing.”
The Times, 19th June 2009
Source: www.timesonline.co.uk
Barclay v British Airways plc – Times Law Reports
Court of Appeal
“A passenger slipping on a plastic strip embedded in the floor of an aircraft was not an accident since there was no distinct event which was not part of the usual, normal and expected operation of the aircraft and which had happened independently of anything done or omitted by the passenger.”
The Times, 4th March 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.
Woman gets £30,000 payout from M&S after slipping on grapes – Daily Telegraph
“A woman has obtained nearly £30,000 in compensation after she slipped on two grapes and broke her shoulder in a Marks & Spencer store.”
Daily Telegraph, 17th February 2009
Source: www.telegraph.co.uk
Road accident victims ‘bullied into settling’ by insurers – The Times
“Motor accident victims are facing high pressure tactics from insurers to settle for less compensation than they are entitled to receive, a leading accident lawyer said this evening.”
The Times, 5th February 2009
Source: www.timesonline.co.uk
Barclay v British Airways plc – WLR Daily
Barclay v British Airways plc [2008] EWCA Civ 1419; [2008] WLR (D) 412
“Where a passenger slipped on a standard fitting plastic strip embedded in the floor of an aircraft in its normal state and sustained bodily injury, there was no ‘accident’ within the meaning of art 17.1 of the Montreal Convention 1999 since there was no distinct event which was not part of the usual, normal and expected operation of the aircraft and which had happened independently of anything done or omitted by the passenger.”
WLR Daily, 5th January 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Hoon under fire for stalled crash inquiry – The Independent
“Families of the Potters Bar rail crash victims have criticised Geoff Hoon, the Transport Secretary, for delaying his decision over whether to grant a public inquiry into the accident.”
The Independent, 24th November 2008
Source: www.independent.co.uk
Early payout for Buncefield victims – The Times
“Around 270 families whose homes were damaged or destroyed in the Buncefield fire will share an initial payout of £320,000 after their lawyers reached an agreement with the plant’s operators today.”
The Times, 18th November 2008
Source: www.timesonline.co.uk
Judge orders Total to make ‘generous’ offer to Buncefield victims – The Times
“Hundreds of victims of the Buncefield fire moved closer to an initial payout today after a judge instructed the oil depot’s operator to make them a ‘sensible and generous’ offer.”
The Times, 17th November 2008
Source: www.timesonline.co.uk
Drink-drive death total drops 18% – BBC News
“The number of people killed by drinking and driving has fallen by almost a fifth, government statistics reveal.”
BBC News, 7th August 2008
Source: www.bbc.co.uk
Gray v Thames Trains Ltd and Another – Times Law Reports
Gray v Thames Trains Ltd and Another
Court of Appeal
“A claimant, who, as a result of the defendant’s negligence, suffered depression which led him to kill someone, could recover damages for loss of earnings after he committed manslaughter so long as his claim was not inextricably linked to his criminal actions.”
The Times, 9th July 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Gray v Thames Trains Ltd and another – WLR Daily
Gray v Thames Trains Ltd and another [2008] EWCA Civ 713; [2008] WLR (D) 210
“A claim in negligence was not defeated by public policy unless the claim or a head of claim was inextricably bound up with or linked to the claimant’s criminal conduct. Where the depression the claimant suffered as a result of the defendant’s negligence led him to kill, he could recover damages for loss of earnings after he committed manslaughter if his claim was not inextricably connected with his criminal activity.”
WLR Daily, 26th June 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Train crash killer wins compensation case – The Times
“A Paddington train crash survivor who claimed he was turned into a killer by post-traumatic stress disorder stands to receive thousands in compensation after a landmark Appeal Court ruling today.”
The Times, 25th June 2008
Source: www.timesonline.co.uk
Arnup v M. W. White Ltd – Times Law Reports
Court of Appeal
“Payments to a widow from a death in service benefit scheme and a trust fund established by an employer, were to be disregarded when assessing damages following an admission of liability.”
The Times, 25th June 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Arnup (as administratrix and on her own behalf) v MW White Ltd – WLR Daily
Arnup (as administratrix and on her own behalf) v MW White Ltd [2008] EWCA Civ 447; [2008] WLR (D) 140
Where, after the death in service of her husband, a woman had received payments out of a death in service benefit scheme and a trust fund established by the employer, such payments fell within the disregard provision within s 4 of the Fatal Accidents Act 1976 when damages were to be assessed following an admission of liability.”
WLR Daily, 9th May 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
MoD will pay £2m to boy accidentally shot in Basra – The Guardian
“The Ministry of Defence is to pay a record £2m compensation to an Iraqi teenager left paralysed when he was accidentally shot by a British soldier.”
The Guardian, 15th April 2008
Source: www.guardian.co.uk
