Category: personal injuries
Dunhill v Burgin (Nos 1 and 2) – WLR Daily
Dunhill v Burgin (Nos 1 and 2): [2014] UKSC 18; [2014] WLR (D) 122
‘The test of capacity to conduct proceedings for the purpose of CPR Pt 21 was the capacity to conduct the claim or cause of action which the claimant in fact had, rather than the claim as formulated by her lawyers. A consent order based on the settlement of a claim by a claimant who lacked capacity and did not have a litigation friend was not valid even though the claimant was legally represented.’
WLR Daily, 12th March 2014
Source: www.iclr.co.uk
Teacher paid £230,000 compensation after slipping in ketchup – Daily Telegraph
‘The claim is one of £1 million worth of compensation payments made to injured teachers by Essex County Council.’
Daily Telegraph, 4th March 2014
Source: www.telegraph.co.uk
Wall v Mutuelle de Poitiers Assurances – WLR Daily
Wall v Mutuelle de Poitiers Assurances [2014] EWCA 12; [2014] WLR (D) 86
‘Where a cyclist had been run down in France and brought proceedings in the English courts seeking damages for personal injury, the question whether there should be one single joint expert, or more than one expert pursuant to CPR Pt 35, was a matter of “evidence and procedure” within the meaning of article 1(3) of Parliament and Council Regulation (EC) No 864/2007. Therefore the question of which expert evidence the court should order fell to be determined in accordance with English and not French law.’
WLR Daily, 20th February 2014
Source: www.iclr.co.uk
These Things Take Time – Zenith Chambers
‘On 11th December 2013 the Court of Appeal gave judgment in Davidson v Aegis [2013] EWCA Civ 1586. The case provides a useful and up to date reminder of the applicable principles when a Court is asked to use section 33 of the Limitation Act 1980 to disapply the primary limitation period in a personal injuries action.’
Zenith Chambers, 5th February 2014
Source: www.zenithchambers.co.uk
Fact or Friction – Horner v Norman – Zenith Chambers
‘It can be difficult at the best of times to establish liability in claims involving pedestrians. Expert evidence should, hopefully, make the task easier, but this case is a useful reminder that even seemingly robust expert evidence may not be enough for a party to succeed.’
Zenith Chambers, 5th February 2014
Source: www.zenithchambers.co.uk
Is Fairchild a Leading case of the Common Law? – The Inner Temple
Is Fairchild a Leading case of the Common Law? (PDF)
Per Laleng, Inner Temple Academic Fellow, University of Kent
The Inner Temple, 20th January 2014
Source: www.innertemple.org.uk
Hospital payout for girl’s glue injection – BBC News
‘A 10-year-old girl who was left brain damaged after she was accidentally injected with glue in her brain is to receive a multimillion-pound payout.’
BBC News, 27th January 2014
Source: www.bbc.co.uk
Taj Mahal Hotel injury claim allowed to proceed in English courts – UK Human Rights Blog
‘This sad case arose out of the 2006 terrorist attack on the Taj Mahal Palace, Mumbai, India. The claimants, who had spent 15 days backpacking around Goa, decided to treat themselves to one night of luxury at the hotel before they were due to fly home from Mumbai. Shortly after the attack began the claimants hid in their room, locked the door and turned off the lights. Some hours later they tried to escape through the window. Their room was on the third floor of the tower part of the hotel. They tied together sheets, curtains and towels to make a rope. They hung it outside their room and the first claimant went first. The “rope” came apart and he fell to the ground suffering serious spinal injuries which have left him paraplegic. The second claimant was rescued subsequently. She did not suffer physical injuries but claims for continuing psychiatric consequences.’
UK Human Rights Blog, 24th January 2014
Source: www.ukhumanrightsblog.com
High Court slams council for “act of retaliation” against PI law firm which sued it – Legal Futures
‘A local authority’s refusal to offer a law firm tenant a new lease was “an act of retaliation, pure and simple”, to punish the firm for bringing personal injury claims against it, the High Court found last week.’
Legal Futures, 27th January 2014
Source: www.legalfutures.co.uk
Haxton v Philips Electronics UK Ltd – WLR Daily
Haxton v Philips Electronics UK Ltd [2014] EWCA Civ 4; [2014] WLR (D) 19
‘There was no reason of principle or policy why a claimant whose life expectancy had been reduced by the negligence of the defendant should not be able to recover damages compensating her for the consequent reduction in damages for loss of dependency which she was entitled to claim in a separate action against the same defendant under the Fatal Accidents Act 1976 as a dependant of her late husband.’
WLR Daily, 22nd January 2014
Source: www.iclr.co.uk
Justice for asbestos victims moves forward – Litigation Futures
‘In early December, I wrote about the new HMRC policy doing nothing but stifle access to justice for asbestos victims. And my opinions on that side of things still hold true.’
Litigation Futures, 15th January 2014
Source: www.litigationfutures.com
MoJ presses ahead with plan to introduce RTA medical panels this year – Litigation Futures
‘The new independent medical panels to assess whiplash injuries are on course for implementation this year after the Ministry of Justice (MoJ) began putting together a working group to take them forward.’
Litigation Futures, 16th January 2014
Source: www.litigationfutures.com
MoJ confirms plans for medical whiplash panels – Law Society’s Gazette
‘The Ministry of Justice has confirmed that a working group will next month begin the process of creating medical panels to assess whiplash injury claims.’
Law Society’s Gazette, 16th January 2014
Source: www.lawgazette.co.uk
Anonymity Part 2: Child personal injury cases – UK Human Rights Blog
‘JXMX (A Child) v Dartford and Gravesham NHS Trust [2013] EWHC 3956 (QB). In Part 1 on this subject, I discussed medical confidentiality and/or legal restrictions designed to protect the privacy of a mother and child. This case raises the question in a slightly different guise, namely whether the court should make an order that the claimant be identified by letters of the alphabet, and whether there should be other derogations from open justice in the guise of an anonymity order, in a claim for personal injuries by a child or protected party which comes before the court for the approval of a settlement.’
UK Human Rights Blog, 19th December 2013
Source: www.ukhumanrightsblog.com
Man who tried to commit suicide by running into wall loses damages case over broken spine – The Independent
‘A man who broke his spine when he tried to commit suicide by running head first into a concrete wall while in detention awaiting deportation has lost his High Court damages action.’
The Independent, 11th December 2013
Source: www.independent.co.uk
Tetraplegic student Andrew Risk paralysed after diving into 2ft of water loses damages claim against college – The Independent
’25-year-old had claimed his injury in June 2009 was caused by a breach of duty of care or negligence on the part of Rose Bruford College in Sidcup.’
The Independent, 6th December 2013
Source: www.independent.co.uk
Bloy and another v Motor Insurers’ Bureau – WLR Daily
Bloy and another v Motor Insurers’ Bureau [2013] EWCA Civ 1543; [2013] WLR (D) 464
‘The law applicable to the assessment of compensation under regulation 13(2)(b) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be assessed by reference to the law of the part of Great Britain where the injured party resided. The limitation on the assessment of compensation under Lithuanian law was not, under English principles of private international law, a matter of substantive law governed by Lithuanian law.’
WLR Daily, 29th November 2013
Source: www.iclr.co.uk
PCSO sues landowner after tripping over fence investigating break-in – Daily Telegraph
‘Merseyside officer Pauline Harrison is taking legal action after she claims to have fallen over a 3ft high wooden fence and injured her knee.’
Daily Telegraph, 28th November 2013
Source: www.telegraph.co.uk
