Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd – WLR Daily

Posted March 10th, 2010 in appeals, duty of care, economic loss, law reports, negligence by sally

Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd [2010] EWCA Civ 180; [2010] WLR (D) 67

“A defendant who could reasonably foresee that his negligent actions would damage property owed a duty of care to a beneficial owner of that property. If the defendant damaged the property, he would be liable not merely for the physical loss of that property but also for the foreseeable consequences of that loss, such as the extra expenditure to which the beneficial owner was put or the loss of profit which he incurred. Provided that the beneficial owner could join the legal owner in the proceedings, it did not matter that the beneficial owner was not himself in possession of the property.”

WLR Daily, 8th March 2010

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.

Whiston v London Strategic Health Authority (successor body in law for the Queen Charlotte’s Maternity Hospital) – WLR Daily

Posted March 9th, 2010 in appeals, birth, hospitals, law reports, negligence, personal injuries, time limits by sally

Whiston v London Strategic Health Authority (successor body in law for the Queen Charlotte’s Maternity Hospital) [2010] EWCA Civ 195; [2010] WLR (D) 66

“A claimant bringing an action in negligence for personal injury out of time had constructive knowledge of the relevant facts for the purposes of s 14 of the Limitation Act 1980 if, considered objectively, he had the knowledge which he might reasonably have been expected to acquire having regard to all the circumstances of the case.”

WLR Daily, 8th March 2010

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.

River Thames pleasure boat mate jailed for manslaughter – BBC News

Posted February 24th, 2010 in negligence, news, perverting the course of justice, sentencing, ships by sally

“A pleasure boat crewman has been jailed for 15 months after he admitted causing the death of a passenger.”

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BBC News, 24th February 2010

Source: www.bbc.co.uk

‘Baby P’ doctor faces GMC hearing – BBC News

Posted February 22nd, 2010 in child abuse, doctors, negligence, news by sally

“A doctor accused of failing to spot the signs that Baby P was being abused is due before the General Medical Council (GMC) charged with misconduct.”

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BBC News, 22nd February 2010

Source: www.bbc.co.uk

Widow wins damages from negligent Essex hospital – BBC News

Posted February 15th, 2010 in damages, hospitals, negligence, news by sally

“The widow of a solicitor who died while being treated for respiratory failure in hospital has been awarded an undisclosed six-figure sum in damages.”

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BBC News, 15th February 2010

Source: www.bbc.co.uk

Ex Cookham Wood inmate wins cancer damages case – BBC News

Posted February 12th, 2010 in cancer, damages, negligence, news, prisons by sally

“A woman who developed breast cancer while in prison has won a High Court negligence claim after medical staff failed to diagnose the disease.”

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BBC News, 12th February 2010

Source: www.bbc.co.uk

Overdose inquest finds German doctor Daniel Ubani incompetent – The Guardian

Posted February 4th, 2010 in doctors, inquests, murder, negligence, news by sally

“A patient who was given a fatal overdose by an out-of-hours doctor was unlawfully killed and his death amounted to gross negligence and manslaughter, a coroner ruled today.”

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The Guardian, 4th February 2010

Source: www.guardian.co.uk

Inquest verdict due over GP out-of-hours deaths – BBC News

Posted February 4th, 2010 in doctors, inquests, negligence, news by sally

“A coroner is due to give his verdict into the deaths of two patients treated by an overseas out-of-hours doctor on his first NHS shift.”

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BBC News, 4th February 2010

Source: www.bbc.co.uk

Cell coma man was ‘failed by police’ IPCC report finds – BBC News

Posted February 2nd, 2010 in detention, drunk and disorderly, negligence, news, police by sally

“A call has been made for a public inquiry to examine the case of a man left with a brain injury after being found in a coma in police custody.”

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BBC News, 1st February 2010

Source: www.bbc.co.uk

Judge approves £5.6m compensation package for disabled teenager – The Independent

Posted February 1st, 2010 in birth, compensation, hospitals, medical treatment, negligence, news by sally

“A High Court judge described being ‘humbled’ today by the devoted care given by the family of a girl brain-damaged at birth as she gave her backing to a £5.6 million compensation package.”

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The Independent, 1st February 2010

Source: www.independent.co.uk

Bhamra v Dubb – WLR Daily

Posted January 29th, 2010 in allergies, duty of care, food, law reports, negligence, Sikhism by sally

Bhamra v Dubb [2010] EWCA Civ 13; [2010] WLR (D) 10

“A caterer, who had supplied a dish for guests at a Sikh wedding knowing that the recipe could sometimes contain egg, a food prohibited by the Sikh religion, owed a duty of care to a guest who was allergic to eggs and subsequently died after eating the dish served. Such a conclusion was justified on the basis of well established principles of proximity, and after invoking CPR r 52.11(4) to enable the Court of Appeal to draw such inferences as were justified on the evidence where the judge below had not made a critical finding of fact.”

WLR Daily, 28th January 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BSkyB ruling will not transform IT procurement, says expert – OUT-LAW.com

Posted January 28th, 2010 in contracts, fraud, misrepresentation, negligence, news by sally

“IT companies will not have to conduct a total overhaul of their sales processes in the aftermath of a long-awaited court ruling this week, a technology law expert has said. The ruling focused on the dishonesty of one employee, not a whole company.”

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OUT-LAW.com, 28th January 2010

Source: www.out-law.com

Bridgend teenager disabled at birth is awarded £6.5m – BBC News

Posted January 26th, 2010 in compensation, duty of care, hospitals, negligence, news, personal injuries by sally

“A teenager who was left profoundly disabled at birth is to receive £6.5m.”

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BBC News, 25th January 2010

Source: www.bbc.co.uk

£415,000 damages over egg allergy death – The Independent

Posted January 20th, 2010 in allergies, damages, food, negligence, news, Sikhism by sally

“A caterer who supplied a dessert containing eggs at a Sikh wedding must pay £415,000 damages to the widow of a man who died from an allergic reaction, the Court of Appeal ruled today.”

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The Independent, 20th January 2010

Source: www.independent.co.uk

Lawyers cash in on NHS negligence cases – Daily Telegraph

Posted December 18th, 2009 in fees, health, negligence, news by sally

“One in five NHS negligence claims now results in lawyers picking up more in compensation than the patient they act for.”

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Daily Telegraph, 18th December 2009

Source: www.telegraph.co.uk

Woman sues Ministry of Justice after ‘prison doctors failed to spot breast cancer’ – Daily Telegraph

Posted December 8th, 2009 in cancer, negligence, news, prisons by sally

“A woman who says prison doctors failed to spot potentially fatal breast cancer when she was in prison has launched a bid for damages at the High Court.”

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Daily Telegraph, 8th December 2009

Source: www.telegraph.co.uk

Plant driver guilty of skip death – BBC News

Posted December 3rd, 2009 in health & safety, homicide, negligence, news by sally

“A heavy plant operator has been found guilty of killing a young bricklayer in a building site accident in Plymouth.”

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BBC News, 2nd December 2009

Source: www.bbc.co.uk

Hospital payout for birth blunder – BBC News

Posted November 30th, 2009 in birth, compensation, hospitals, negligence, news, personal injuries by sally

“An eight-year-old boy affected by behavioural problems as a result of a hospital blunder during his birth has won £1.4m in damages.”

Full story

BBC News, 30th November 2009

Source: www.bbc.co.uk

Woman wins £3m birth injury award – BBC News

Posted November 30th, 2009 in birth, hospitals, negligence, news, personal injuries by sally

“A woman is to receive about £3m in compensation for injuries that were caused to her when she was born 37 years ago.”

Full story

BBC News, 30th November 2009

Source: www.bbc.co.uk

Paralysed RAF man suing for £6m – BBC News

Posted November 24th, 2009 in armed forces, negligence, news, personal injuries by sally

“A former RAF employee from Cornwall has begun legal action against the Ministry of Defence (MoD), claiming £6m after breaking his neck during a fun day.”

Full story

BBC News, 23rd November 2009

Source: www.bbc.co.uk