Author Archives: gexall

COURT OF APPEAL OVERTURNS FINDING OF 10% CONTRIBUTORY NEGLIGENCE: CLAIMANT’S CONDUCT DID NOT FALL BELOW A REASONABLE STANDARD

Originally posted on PERSONAL INJURY: LIABILITY AND DAMAGES:
In a short judgment today in Casson v Spotmix Ltd & Ors [2017] EWCA Civ 1994 the Court of Appeal overturned a trial judge’s decision that a claimant who suffered injury at work was contributory negligent. “the extent to which the claimant’s conduct could be criticised fell considerably…

FATAL ACCIDENTS : COHABITEE IS (OR SHOULD BE) ENTITLED TO BEREAVEMENT PAYMENT

Originally posted on FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH:
The Court of Appeal decided today that the failure of the  Fatal Accidents Act to include cohabitees  within the definition of those entitled to a bereavement payment is incompatible with Section 4 of the Human Rights Act. As the law currently stands cohabitees are  not…

COUNCIL VICARIOUSLY LIABLE FOR FOSTER PARENTS: SUPREME COURT DECISION TODAY

In the judgment today  Armes v Nottinghamshire County Council [2017] UKSC 60 the Supreme Court held that a local authority could be vicariously liable for the acts of foster parents. It is an important development of the principles relating to vicarious liability. THE CASE The claimant’s case is that she had been abused by foster […]

DAMAGES FOR SURROGACY COSTS ARE RECOVERABLE: A HIGH COURT DECISION

In XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB) Sir Robert Nelson considered the difficult issue of damages for surrogacy costs. “It cannot be properly argued that the claim for surrogacy costs should be diminished or rejected because the Claimant will have substantial other funds by way of damages. The other heads of damage […]

FATAL ACCIDENT DAMAGES: A RECENT CASE: LIFE EXPECTANCY; DAMAGES FOR LOSS OF SERVICES & LOSS OF CARE & ATTENTION

In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages.   THE CASE The claimant was the widow whose husband died from a cardiac arrest.   It was successfully argued that that the presence […]

ROBERTS -v- JOHNSTONE AFTER THE CHANGE IN DISCOUNT RATE: A HIGH COURT DECISION

The recent change in the discount rate was covered on this blog.  One issue that arose was how the courts were going to treat the Roberts -v- Johnstone approach to accommodation claims.  It was not practical to use a multiplier that was a minus figure. In JR -v- Sheffield Teaching Hospitals NHS Foundation Trust [2017] […]

DUTY OF CARE OWNED BY JUNIOR DOCTORS: IMPORTANT COURT OF APPEAL DECISION

In the decision today is FB -v- Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334 the Court of Appeal made important observations about the duty of care owed by junior doctors. “The conduct of Dr Rushd in the present case must be judged by the standard of a reasonably competent SHO in an accident […]