Category: negligence

Husband was ‘deceived’ over death of his beauty queen wife – Daily Telegraph

Posted October 15th, 2008 in hospitals, inquests, negligence, news by sally

“Andrew Benson said he felt ‘deceived’ by health trust managers who assured him no errors were made in the care of Madalina, 29, a fomer Miss Romania. A coroner criticised ‘serious system failures’, saying Mrs Benson’s death could have been prevented, and has promised to write to the health secretary Alan Johnson to recommend changes in NHS procedures to ensure gravely ill patients are thoroughly examined more quickly.”

Full story

Daily Telegraph, 15th October 2008

Source: www.telegraph.co.uk

St George v Home Office – WLR Daily

Posted October 10th, 2008 in drug abuse, law reports, negligence, personal injuries by sally

St George v Home Office [2008] EWCA Civ 1068; [2008] WLR (D) 309

“When a person who was an addict suffered a seizure while he was in custody as a result of withdrawal from addiction, and then fell and suffered injury, regard was to be had, when considering the claimant’s possible contributory negligence and whether the resulting damage was the result ‘partly of his own fault’, to the question whether the addiction was a ‘potent cause’ of the damage.”

WLR Daily, 9th October 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.

Businessman left in wheelchair by skiing accident sues tour operators – Daily Telegraph

Posted October 8th, 2008 in holidays, negligence, news, personal injuries, skiing by sally

“A British businessman left in a wheelchair after he collided with a tree during a skiing holiday is suing his tour operators for millions of pounds.”

Full story

Daily Telegraph, 7th October 2008

Source: www.telegraph.co.uk

Film maker’s widow wins payout after medical blunder – Daily Telegraph

Posted October 2nd, 2008 in doctors, negligence, news by sally

“The widow of a film maker who died of a heart attack after being misdiagnosed by three GPs, has won substantial damages at the High Court.”

Full story

Daily Telegraph, 2nd October 2008

Source: www.telegraph.co.uk

Andy Lees to sue after being wrongly told he was dying – The Times

Posted September 10th, 2008 in hospitals, negligence, news by sally

“A grandfather who gave away his life savings after terminal cancer was diagnosed is to sue his local health authority after it transpired that the diagnosis was incorrect.”

Full story

The Times, 10th September 2008

Source: www.timesonline.co.uk

Thomas Cook workers will face trial over children’s gas deaths – Daily Telegraph

Posted September 9th, 2008 in holidays, negligence, news, personal injuries by sally

“Two Thomas Cook workers are to face trial in Greece over the deaths of two British children killed following a gas leak at a Corfu hotel.”

Full story

Daily Telegraph, 20th September 2008

Source: www.telegraph.co.uk

Families sue ‘negligent’ MoD for Nimrod explosion deaths in Afghanistan – The Times

Posted September 1st, 2008 in aircraft, armed forces, negligence, news by sally

“Two of the families who lost sons in the RAF Nimrod that burst into flames over Afghanistan two years ago, killing all 14 people on board, will begin a landmark damages suit against the Ministry of Defence in the High Court today. ”

Full story

The Times, 1st September 2008

Source: www.timesonline.co.uk

Bailey v Ministry of Defence and Another – Times Law Reports

Posted August 26th, 2008 in causation, law reports, negligence, personal injuries by sally

Bailey v Ministry of Defence and Another

Court of Appeal

“Where medical science could not establish the probability that but for an act of negligence an injury would not have happened but could establish that the contribution of the negligent cause was more than negligible, the ‘but for’ test was modified and the claimant would succeed.”

The Times, 26th August 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.

Harris v Perry and Another – Times Law Reports

Posted August 26th, 2008 in duty of care, law reports, negligence, personal injuries by sally

Harris v Perry and Another

Court of Appeal

“A judge imposed an unreasonably high standard of care in holding that children playing on a bouncy castle hired by parents for a children’s party required uninterrupted supervision.”

The Times, 25th August 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.

Shore v Sedgwick Financial Services Ltd and Another – Times Law Reports

Posted August 12th, 2008 in financial advice, law reports, negligence, pensions by sally

Shore v Sedgwick Financial Services Ltd and Another

Court of Appeal

“If a client, on the advice of a financial expert, transferred his pension investment from one old safe pension scheme to a new risky pension scheme, in which the value of his investment went down, the client’s right to sue the adviser in negligence accrued when the transfer was made; it was not contingent upon the occurrence of loss.”

The Times, 12th August 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.

Harris v Perry and another – WLR Daily

Posted August 4th, 2008 in duty of care, law reports, negligence, personal injuries by sally

Harris v Perry and another [2008] EWCA Civ 907; [2008] WLR (D) 278

“It was not reasonably foreseeable that boisterous play on a bouncy castle would involve a significant risk of serious harm and, therefore, parents who hired a bouncy castle for a children’s party did not have a duty of care to keep the children playing on it under uninterrupted supervision.”

WLR Daily, 1st August 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.

Appeal court ruled couple are not liable for brain-damaged boy – Daily Telegraph

Posted August 1st, 2008 in duty of care, negligence, news, personal injuries by sally

“A couple who were found liable for £1million-worth of damages for an accident on a bouncy castle that left a boy brain-damaged have won their appeal against the ruling.”

Full story

Daily Telegraph, 31st August 2008

Source: www.telegraph.co.uk

Bailey (by her father and litigation friend) v Ministry of Defence and another – WLR Daily

Posted July 31st, 2008 in causation, law reports, negligence, personal injuries by sally

Bailey (by her father and litigation friend) v Ministry of Defence and another [2008] EWCA Civ 883

“Where medical science could not establish the probability that ‘but for’ an act of negligence an injury would not have happened, but could establish that the contribution of the negligent cause was more than negligible, the ‘but for’ test was modified and the claimant would succeed.”

WLR Daily, 30th July 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.

Police cleared over witness’s death – The Independent

Posted July 30th, 2008 in duty of care, human rights, negligence, news, police, witnesses by sally

“Police were today cleared of liability for the death of a court witness who was murdered days before he was due to give evidence.”

Full story

The Independent, 30th July 2008

Source: www.independent.co.uk

Shore v Sedgwick Financial Services Ltd and another – WLR Daily

Posted July 28th, 2008 in financial advice, law reports, negligence, pensions by sally

Shore v Sedgwick Financial Services Ltd and another [2008] EWCA Civ 863; [2008] WLR (D) 255

“Where a client, on the advice of a financial adviser, shifted his pension investment from a relatively safe occupational final salary pension scheme to a new more risky personal pension income withdrawal scheme, which later suffered in value owing to falling annuity rates, the client’s right to sue the adviser in negligence accrued on the date when the transfer was made and was not contingent upon the subsequent occurrence of loss in value or his even later discovery of such loss.”

WLR Daily, 25th July 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.

TV plastic surgeon Jan Stanek compensation pay out – Daily Telegraph

Posted July 18th, 2008 in doctors, negligence, news by sally

“The internationally acclaimed cosmetic surgeon Jan Stanek has agreed to a six-figure compensation payout to a face lift patient who claims she suffered a devastating stroke whilst under his knife.”

Full story

Daily Telegraph, 18th July 2008

Source: www.telegraph.co.uk

Millionaire divorcee sues lawyers for not winning big enough pay out – Daily Telegraph

Posted July 10th, 2008 in divorce, legal profession, negligence, news by sally

“A divorcee who won a £1.4million payout from her multi-millionaire husband is suing her lawyers because she claims she should have got twice that amount.”

Full story

Daily Telegraph, 9th July 2008

Source: www.telegraph.co.uk

Gray v Thames Trains Ltd and Another – Times Law Reports

Posted July 9th, 2008 in accidents, damages, law reports, negligence, post-traumatic stress disorder, railways by sally

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.

Parents to sue over three-year-old’s playground death – Daily Telegraph

Posted June 23rd, 2008 in children, negligence, news, paramedics by sally

“The parents of a three-year-old boy who died from a head injury after paramedics decided not to take him to hospital have spoken of their anger at being arrested on suspicion of murder.”

Full story

Daily Telegraph, 21st June 2008

Source: www.telegraph.co.uk

X and another v Hounslow London Borough Council – WLR Daily

Posted June 5th, 2008 in duty of care, law reports, negligence by sally

X and another v Hounslow London Borough Council [2008] EWHC 1168 (QB); [2008] WLR (D) 180

“A local authority could be held to be under a duty of care to protect vulnerable adults from abuse by third parties.”

WLR Daily, 4th 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.