Category: negligence

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

Cancer sperm men win court battle – BBC News

Posted February 4th, 2009 in bailment, human tissue, negligence, news, psychiatric damage by sally

“Six male cancer patients have been told they can claim damages after a hospital freezer broke down and destroyed their frozen sperm.”

BBC News, 4th February 2009

Source: www.bbc.co.uk

Women killed after inflatable artwork’s safety system failed in wind, court told – The Guardian

Posted January 29th, 2009 in health & safety, homicide, negligence, news by sally

“Amateurish safety precautions led to a huge inflatable artwork tearing free and twisting into the air in a strong gust of wind, killing two women inside, a court heard yesterday.”

The Guardian, 29th January 2009

Source: www.guardian.co.uk

Hospital blunders led to teenager’s death – The Independent

Posted January 15th, 2009 in hospitals, inquests, negligence, news by sally

“A teenage boy would have survived a brain haemorrhage if doctors had not made a series of failures in diagnosis and treatment, a coroner ruled today.”

The Independent, 15th January 2009

Calvert v William Hill Credit Ltd [2008] EWCA Civ 1427; [2008] WLR (D) 393

Calvert v William Hill Credit Ltd – WLR Daily

Posted December 18th, 2008 in duty of care, gambling, law reports, negligence by sally

“A pathological gambler was not entitled to damages for negligence from a telephone bookmaker which had failed to implement an agreement to prevent him from placing telephone bets. The duty of care undertaken by the bookmaker was to prevent the claimant placing telephone bets with them, not to prevent him gambling altogether. The court could not ignore the fact that the claimant would probably have placed ruinous bets with other bookmakers had he been prevented from gambling with the defendant.”

WLR Daily, 17th December 2008

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

Daughter wins legal battle over mother’s suicide – The Independent

Posted December 10th, 2008 in hospitals, human rights, mental health, negligence, news, suicide by sally

“The daughter of a mentally-ill woman who walked out of a hospital and threw herself under a train has won the final round of her battle for the right to sue the local health trust for damages. ”

The Independent, 10th December 2008

Pensioner to sue after walking frame snaps – Daily Telegraph

Posted December 2nd, 2008 in elderly, local government, negligence, news, personal injuries by sally

“A pensioner is suing his local council for up to £50,000 after he was injured when an allegedly ‘inadequate’ walking frame it gave him snapped and cause him to fall and injure himself.”

Daily Telegraph, 2nd December 2008

Source: www.telegraph.co.uk

GP acquitted over allergy death – BBC News

Posted November 28th, 2008 in doctors, homicide, medicines, negligence, news by sally

“A former Devon GP charged with killing an elderly patient by prescribing the wrong medication has been acquitted.”

BBC News, 27th November 2008

Source: www.bbc.co.uk

Cancer patients seek damages after frozen sperm is destroyed – The Times

Posted November 25th, 2008 in hospitals, human tissue, negligence, news by sally

“Six cancer sufferers who lost their only chance of fathering children when a hospital freezer broke down and destroyed their sperm samples were at the centre of an unprecedented compensation claim yesterday.”

The Times, 25th November 2008

Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese GmbH and Another

Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese GmbH and Another – Times Law Reports

Posted November 21st, 2008 in law reports, negligence, vicarious liability by sally

Court of Appeal

“The principle which made an employer liable for the negligence of a subcontractor engaged to carry out extra-hazardous or dangerous operations was unsaisfactory and should be applied as narrowly as possible.”

The Times, 21st November 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

‘Kerplunk’ sculptor agrees £1.7m court settlement – Daily Telegraph

Posted November 18th, 2008 in artistic works, contracts, negligence, news by sally

“The award-winning designer of the troubled B of the Bang sculpture has agreed to pay back £1.7 million of taxpayers’ money.”

Biffa Waste Services Ltd and another v Maschinenfabrik Ernst Hese GmbH and others [2008] EWCA Civ 1238; [2008] WLR (D) 353

Daily Telegraph, 18th November 2008

Source: www.telegraph.co.uk

Biffa Waste Services Ltd and another v Maschinenfabrik Ernst Hese GmbH and others – WLR Daily

Posted November 14th, 2008 in law reports, negligence, vicarious liability by sally

“The principle that a person who employed an independent contractor would be liable for the negligence of that independent contractor where the independent contractor was engaged to carry out extra-hazardous or dangerous operations was binding on the Court of Appeal but its application should be kept as narrow as possible. It should be applied only to activities that were exceptionally dangerous whatever precautions were taken. Welding, the activity in the instant case, was not exceptionally dangerous provided reasonable precautions were taken, so the principle did not apply.”

WLR Daily, 13th November 2008

HLB Kidsons (a firm) v Lloyd’s Underwriters subscribing to Policy 621/ PKID00101 and others; [2008] WLR (D) 344

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

HLB Kidsons (a firm) v Lloyd’s Underwriters subscribing to Policy 621/ PKID00101 and others – WLR Daily

Posted November 7th, 2008 in contracts, insurance, law reports, negligence, notification by sally

“Where a professional indemnity insurance policy required the insured to notify to the insurers of any potential claims against the insured ‘as soon as practicable’ the insured could satisfy the policy requirement if he made an attempted notification of circumstances which might give rise to a claim for professional negligence, which was understood by the underwriters to be such and which was made within the insured period. However, a notification served after the policy had expired relating to new potential claims was not an effective notification.”

WLR Daily, 6th November 2008

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

Brain damaged man wins £5m payout – BBC News

Posted November 4th, 2008 in birth, damages, negligence, news, personal injuries by sally

“A man who suffered brain damage at his birth in 1970 is to receive a compensation package which could add up to more than £5m.”

BBC News, 3rd November 2008

Source: www.bbc.co.uk

Brain-damaged man could receive more than £5m – The Independent

Posted November 3rd, 2008 in birth, damages, negligence, news, personal injuries by sally

“A man who suffered brain damage at birth 37 years ago today settled his medical negligence claim for a compensation package which could be worth more than £5 million.”

The Independent, 3rd November 2008

MoD ‘can be sued’ over SAS deaths – The Guardian

Posted November 3rd, 2008 in Afghanistan, armed forces, human rights, negligence, news by sally

“The families of three SAS soldiers and a female corporal killed in Afghanistan when their Land Rover hit a landmine have a strong legal basis for suing the Ministry of Defence under the European Convention on Human Rights, according to a senior barrister.”

The Guardian, 2nd November 2008

Source: www.guardian.co.uk

St George v Home Office – Times Law Reports

Posted October 22nd, 2008 in drug abuse, law reports, negligence, personal injuries by sally

St George v Home Office

Court of Appeal

“An addict who was injured in custody after suffering a seizure through drugs withdrawal did not contribute to his injury as his addiction was not a potent cause of the damage.”

The Times, 22nd October 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Collymore wins damages over financial advice – The Independent

Posted October 20th, 2008 in damages, financial advice, negligence, news by sally

“Stan Collymore today won more than £1.5 million in damages from financial advisers who invested money he made from his footballing career.”

The Independent, 20th October 2008

Commissioners of Revenue and Customs v Khawaja

Commissioners of Revenue and Customs v Khawaja – Times Law Reports

Posted October 20th, 2008 in income tax, law reports, negligence, standard of proof by sally

Chancery Division

“There was no reason in principle why the civil standard of proof should not apply on a challenge to an assessment of penalty for the negligent submission of income tax returns.”

The Times, 20th October 2008

Please note the Times Law Reports are only avaialbe free on Times Online for 21 days from the date of publication.

Farmers sue labs over foot-and-mouth – The Independent

Posted October 17th, 2008 in animals, foot and mouth disease, negligence, news by sally

“A group of farmers have launched a legal claim against two laboratories blamed for last year’s outbreak of foot-and-mouth disease, it was announced today.”