‘Why did the judge say no to me?’ – The Independent
“Families of the two deformed children excluded from last week’s ruling against Corby council are vowing to fight on.”
The Independent, 4th August 2009
Source: www.independent.co.uk
Category: negligence
Family of disabled sue NHS for ‘wrongful birth’ – Daily Telegraph
“Rupert Parsons’ mother is claiming £1.5 million in interim compensation for ‘wrongful birth’ on the grounds that the hospital should have picked up on his ‘severe, profound and multiple disabilities’ before the 20th week of her pregnancy.”
Daily Telegraph, 16th July 2009
Source: www.telegraph.co.uk
Soldier’s mother wins court fight over Snatch Land Rovers – The Times
“The mother of a soldier killed by a roadside bomb in Iraq has won the first round of a legal battle for an investigation into the use of the lightly armoured Snatch Land Rovers.”
The Times, 10th July 2009
Source: www.timesonline.co.uk
Soldier’s mother launches legal challenge – Daily Telegraph
“The mother of a soldier killed in a Snatch Land Rover in Iraq will launch a legal challenge on Friday over the Government’s refusal to hold a public inquiry into the continued use of the lightly-armoured vehicles.”
Daily Telegraph, 10th July 2009
Source: www.telegraph.co.uk
Police officer trampled by herd of cattle wins payout – Daily Telegraph
“A police inspector left unable to work for five months after being trampled by a herd of cattle has received more than £10,000 from the landowner.”
Daily Telegraph, 29th July 2009
Source: www.telegraph.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.
Families to sue for forces deaths – BBC News
“Four families of servicemen killed in Snatch Land Rovers in Iraq and Afghanistan are to sue the Ministry of Defence, the BBC has learned.”
BBC News, 19th June 2009
Source: www.bbc.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
Alexis v Newham London Borough Council – WLR Daily
Alexis v Newham London Borough Council [2009] EWHC 1323 (QB); [2009] WLR (D) 186
“A local authority owed a duty of care to its teachers to take such precautions as were reasonable in all the circumstances to prevent or minimise the risk of injury that might occur as a result of mischievous or malicious behaviour on the part of pupils.”
WLR Daily, 16th 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.
Teacher poisoned by pupil loses claim for damages – The Guardian
“A teacher who claimed her career was wrecked after a schoolgirl poisoned her drinking water with whiteboard cleaning fluid today lost a claim for damages.”
The Guardian, 15th June 2009
Source: www.guardian.co.uk
Defeat for council that sued boss for lying about illness – The Independent
“A former council chief executive had her mental health ‘cruelly broken’ by her former employer which accused her of lying about her medical condition on her job application and pursued her through the courts, her husband said yesterday.”
The Independent, 16th June 2009
Source: www.independent.co.uk
Council loses £1m illness lawsuit – BBC News
“A council has lost its High Court case against a former managing director after claiming she withheld a history of depressive illness.”
BBC News, 15th June 2009
Source: www.bbc.co.uk
George v Eagle Air Services Ltd and Others – Times Law Reports
George v Eagle Air Services Ltd and Others
Privy Council
“The doctrine of res ipsa loquitur, the thing speaks for itself, applied in a claim for damages arising out of an allegation of negligence causing an air crash, so that the burden of proof shifted to the defendant owners and operators of the aircraft to produce an explanation which was consistent with the crash having occurred despite the absence of fault on their part.”
The Times, 15th May 2009
Source: www.timesonline.co.uk
George v Eagle Air Services Ltd – WLR Daily
George v Eagle Air Services Ltd
“The doctrine of res ipsa loquitur applied in aviation cases where a claim for damages was based on an allegation of negligence which caused an aircraft to crash. The burden of proof then shifted to the defendant owners/operators of the aircraft to produce an explanation which was consistent with the air crash having occurred without any fault on their part.”
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.
Teacher poisoned by pupil sues education authority for £700,000 in High Court – Daily Telegraph
“Shaaira Alexis unwittingly drank blackboard cleaning fluid after the schoolgirl sneaked into her classroom and poured it into a water bottle, a court was told.”
Daily Telegraph, 28th April 2009
Source: www.telegraph.co.uk
Linklaters wins €50m negligence claim – The Times
“Linklaters, the ‘magic circle’ law firm, today ducked a multimillion-pound payout after defeating one of the largest negligence claims ever brought against a UK law firm.”
The Times, 21st April 2009
Source: www.timesonline.co.uk
Families of RAF Hercules victims issue negligence writ against MoD – The Guardian
“The families of 10 British servicemen killed when their RAF Hercules was shot down in Iraq have issued a high court writ accusing the Ministry of Defence of negligence, breach of a duty of care and failing to comply with article two of the European convention on human rights, which enshrines the right to life.”
The Guardian, 15th April 2009
Source: www.guardian.co.uk
Former client sues psychologist after telling her he no longer loves her – Daily Telegraph
“The lover, and former client, of an eminent psychologist, has sued him for professional negligence after he told her he no longer had a passion for her.”
Daily Telegraph, 8th April 2009
Source: www.telegraph.co.uk
Regina v Evans (Gemma) – Times Law Reports
Court of Appeal (Criminal Division)
“For the purposes of gross negligence manslaughter, when a person had created or contributed to the creation of a state of affairs which he knew, or ought to have known had become life-threatening to another person, a consequent duty would normally arise on him to act by taking reasonable steps to save the other’s life.”
The Times, 7th April 2009
Source: www.timesonline.co.uk
