Category Breach of Duty and Care

Aches on a Plane: Claimant unsuccessful after uncomfortable flight

In Prosser v British Airways Plc [2018] EW Misc  the Claimant was unsuccessful in his claim for damages arising from an injury suffered as a result of sitting next to a passenger of large stature  on the Defendant’s aircraft. Frances Lawley THE RELEVANT TEST The relevant test was: that the claimant suffered injury; as a result of an […]

FATAL ACCIDENT DAMAGES CONSIDERED: BLAKE -v- MAD MAX LIMITED

In Blake v Mad Max Ltd  [2018] EWHC 2134 (QB) Peter Marquand (sitting as a High Court Judge) considered several disputed aspects of damages in a fatal claim. The judgment provides a useful guide to general damages in mesothelioma cases, it confirms the view that damages cannot be awarded for a “wake” and provides a […]

THE IMPORTANCE OF RISK ASSESSMENTS: IMPORTANT HIGH COURT DECISION AND A REMINDER OF FORTHCOMING TALK

In CC v Leeds City Council [2018] EWHC 1312 (QB) Mr Justice Turner reiterates the importance of the risk assessment in personal injury litigation.   On appeal the judge  rejected an argument that a claimant had failed to prove causation. The defendant’s argument that the claimant had not established negligence were withdrawn in the course of the appeal. […]

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…

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 […]

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 […]

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 […]