personal injuries – Page 79 – Current Awareness

Allison v London Underground Ltd – WLR Daily

Posted February 18th, 2008 in employment, health & safety, law reports, personal injuries by sally

Allison v London Underground Ltd [2008] EWCA Civ 71; [2008] WLR (D) 45

“The test to determine whether the training an employer was required to provide for his employees was adequate for the purposes of reg 9 of the Provision and Use of Work Equipment Regulations 1998 was what training was needed in the light of what the employer ought to have known about the risks from the activities of his business. The statutory requirement imposed a higher duty than at common law.”

WLR Daily, 15th February 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.

Passenger sues over crash landing – BBC News

Posted February 8th, 2008 in airlines, news, personal injuries by sally

“A passenger who was on board a plane that crash-landed at Heathrow last month is to sue British Airways (BA).”

Full story

BBC News, 8th February 2008

Source: www.bbc.co.uk

Bendy bus woman makes £500K claim – BBC News

Posted February 7th, 2008 in damages, news, personal injuries by sally

“A woman who suffered ‘catastrophic’ brain damage after she was hit by a bendy bus could receive more than £500,000 in damages.”

Full story

BBC News, 6th February 2008

Source: www.bbc.co.uk

Abuse victims win historic ruling on compensation – The Independent

Posted February 5th, 2008 in damages, news, personal injuries, sexual offences, time limits by sally

“Two young women have won a key ruling in their legal battle to secure compensation from the man who sexually abused them when they were children. The case is the first to benefit from last week’s landmark House of Lords ruling against the man known as the ‘Lotto Rapist’.”

Full story

The Independent, 5th February 2008

Source: www.independent.co.uk

A v Hoare; X and another v Wandsworth London Borough Council – WLR Daily

Posted February 1st, 2008 in damages, law reports, personal injuries, sexual offences, time limits by sally

A v Hoare; X and another v Wandsworth London Borough Council; C v Middlesborough Council; H v Suffolk County Council; Young v Catholic Care (Diocese of Leeds) [2008] UKHL 6; [2008] WLR (D) 20

“A claim for damages for personal injuries caused by a sexual assault fell within s 11 of the Limitation Act 1980, allowing a limitation period of three years from the date when the claimant first considered the injury sufficiently serious to justify proceedings and the possibility of an extension beyond that if it was equitable to do so.”

WLR Daily, 31st January 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.

Churches, schools and charities braced for flood of claims after ruling on Lotto rapist, Iorworth Hoare – The Times

Posted January 31st, 2008 in damages, news, personal injuries, sexual offences, time limits by sally

“Thousands of victims of sexual abuse including a woman whose life was ruined by the so-called Lotto rapist are preparing to lodge compensation claims after a landmark ruling by Britain’s highest court yesterday.”

Full story

The Times, 31st Janaury 2008

Source: www.timesonline.co.uk

A v Hoare X and Another v Wandsworth London Borough Council – Times Law Reports

Posted January 31st, 2008 in damages, law reports, personal injuries, sexual offences, time limits by sally

A v Hoare; X and Another v Wandsworth London Borough Council; C v Middlesborough Council; H v Suffolk County Counci; Young v Catholic Care (Diocese of Leeds) and Another

House of Lords

“A claim for damages for personal injuries caused by a sexual assault had a limitation period of three years from the date when the victim first considered the injury sufficiently serious to justify proceedings but judges could extend that period if thought equitable.”

The Times, 31st Janaury 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.

Thompstone v Tameside and Glossop Acute Services NHS Trust – Times Law Reports

Posted January 30th, 2008 in law reports, periodical payments, personal injuries by sally

Thompstone v Tameside and Glossop Acute Services NHS Trust
Corbett v South Yorkshire Strategic Health Authority
RH v United Bristol Healthcare NHS Trust
De Haas v South West London Strategic Health Authority

Court of Appeal

“Where a court made a periodical payments order for a claimant in proceedings involving catastrophic injury in the context of future care, of which the main element was the wages of the carers, the annual earnings survey published for care assistants and home carers was the more appropriate and usable index than the retail price index.”

The Times, 30th January 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.

Disgust at £300 for soldier hit with baton – Daily Telegraph

Posted December 3rd, 2007 in armed forces, compensation, news, personal injuries by sally

“The family of a soldier who suffered brain damage when his drill sergeant threw a baton at his head have expressed disgust at the £300 compensation awarded to him by the Army.”

Full story

Daily Telegraph, 1st December 2007

Source: www.telegraph.co.uk

£25,000 for soldier told to “act like a psycho” – Daily Telegraph

Posted November 21st, 2007 in armed forces, compensation, news, personal injuries by sally

“A soldier has been awarded £25,000 from the Ministry of Defence after suffering an injury when he was told to ‘act like a psycho’ during a training exercise.”

Full story

Daily Telegraph, 21st November 2007

Source: www.telegraph.co.uk

Man broke girlfriend’s leg in damages fraud – The Times

Posted November 21st, 2007 in grievous bodily harm, news, personal injuries by sally

“A man deliberately broke his girlfriend’s leg as part of a £100,000 compensation swindle and was caught only because he filmed the incident on his mobile phone.”

Full story

The Times, 21st November 2007

Source: www.timesonline.co.uk

In the line of fire – Law Society’s Gazette

Posted November 2nd, 2007 in armed forces, news, personal injuries, solicitors by sally

“Solicitors working in the field of military personal injury claims believe the system needs to do more than help those injured during the course of military operations.”

Full story

Law Society’s Gazette, 1st November 2007

Source: www.lawgazette.co.uk

Lawyers blamed for injury claims delays – Daily Telegraph

Posted October 8th, 2007 in delay, legal profession, news, personal injuries by sally

“Lawyers have come under attack for causing excessive delays to personal injury claims while making record profits from Britain’s thriving compensation culture.”

Full story

Daily Telegraph, 8th October 2007

Source: www.telegraph.co.uk

Steadman-Byrne v. Amjad and Others – Times Law Reports

Posted July 30th, 2007 in appeals, bias, law reports, personal injuries by sally

Challenge to bias must be made immediately

Steadman-Byrne v Amjad and Others

Court of Appeal

“A clear manifestation of bias on the part of a tribunal should ordinarily be drawn to its attention immediately. Appellate courts tended not to look favourably on complaints of vitiating bias made only after the complainant had taken his chance on the outcome and found it unwelcome.”

The Times, 30th July 2007

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.

Damages for man who slipped on petals – Daily Telegraph

Posted July 18th, 2007 in news, personal injuries by sally

“A commuter who slipped on a petal is poised to win substantial damages after a High Court ruling yesterday.”

Full story

Daily Telegraph, 18th July 2007

Source: www.telegraph.co.uk

Broken fingers and cut faces bring £2 million payout to pupils – The Times

Posted July 17th, 2007 in compensation, news, personal injuries, school children by sally

“Education authorities are launching a crackdown on injury claims over fears of a burgeoning compensation culture in school playgrounds.”

Full story

The Times, 17th July 2007

Source: www.timesonline.co.uk

Tread carefully – Law Society’s Gazette

Posted May 25th, 2007 in personal injuries, special report by sally

“Both lawyers and insurers agree that the personal injury claims process is in need of radical change. But, asks Anita Rice, will the government’s recently released proposals to reform the industry appease everyone?”

Full story

Law Society’s Gazette, 24th May 2007

Source: www.lawgazette.co.uk

Girl awarded £1.1 million against father – The Times

Posted April 28th, 2007 in damages, news, personal injuries by sally

“A girl was today awarded £1.1 million against her father after she suffered “catastrophic” injuries when she was thrown through the windscreen of a car driven by him.”

Full story

The Times, 27th April 2007

Source: www.timesonline.co.uk