Category Evidence
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 […]
INADEQUATE RISK ASSESSMENT LEADS TO LIABILITY BEING ESTABLISHED: CHISOLM -v- HANKINS CONSIDERED
In Chisholm v D & R Hankins (Manea) Ltd [2018] EWHC 3407 (QB) the High Court found liability established on the grounds of an inadequate risk assessment by the defendant employer. The judge also made important observations about the relevance of statutory duties after s.69 of the ERRA 2013. “Breach of this regulation does […]
SUPREME COURT DECISION TODAY: SALT SENSITISATION IS AN ACTIONABLE INJURY
In the judgment today in Dryden and others (Appellants) v Johnson Matthey Plc (Respondent) [2018] UKSC 18 the Supreme Court held, unanimously, that exposure to platinum salts that led the claimants to develop platinum salt sensitisation did give rise to a cause of action. Gordon Exall summarises the main issues. The judgment is available here. A […]
Can moral culpability be taken into account when assessing s33 discretion in an historic sexual abuse case?
By Sabrina Hartshorn GH v (1)The Catholic Child Welfare Society (Diocese of Middlesbrough) (2) The Trustees of the Middlesbrough Diocesan Rescue Society and (3) Trustees of the De La Salle Provincialate Where the court was asked to consider whether the high level of moral culpability on the part of the perpetrators and Defendants should […]
2016 IN PERSONAL INJURY: A YEAR IN BLOG POSTS
Throughout 2016 the Zenith Personal Injury Team have been busy blogging about the latest news in PI and civil procedure. Here, as the first “review of the year” are all the posts topic by topic. POSTS ON PROCEDURE This has been (as always) an interest year in relation to procedure. Vilma Vodanivic considered what happens […]
ZENITH’S PERSONAL INJURY UPDATE: THE DAY IN PICTURES
Yesterday we held our annual personal injury update. For those who couldn’t make it (and for those who did) we thought we would do a history of the day in pictures. Justin Crossley chaired the morning session. Apparently stating (more than once) that we had won Yorkshire Chambers of the Year. Frances […]
Beaumont & Anor v Ferrer [2016] EWCA Civ 768
By Joanna Hastie Court of Appeal confirms that a Claimant injured in the course of intentional criminal action is not entitled to recover damages. Facts D was a licensed taxi driver in Manchester who picked up 6 passengers, 2 of whom were the 17 year old Claimants in this case. The group had decided amongst […]
PERSONAL INJURY ANNUAL UPDATE: 17th OCTOBER 2016 CENTRAL LEEDS
The Personal Injury Practice Group is holding its Annual Update on the 17th October at the Park Plaza Hotel in Leeds. The course runs from 9.30 to 5.00pm and lunch is provided. The cost is £80. Topics to be covered this year include: Costs – developments in 2016. Employer and public liability update. Road Traffic […]
ANOTHER EXAMPLE OF JUDGES GOING BACK TO BASICS WITH PERSONAL INJURY DAMAGES
Earlier posts on this blog have noted how common it was becoming for judges to review the basic principles of personal injury damages when called upon to decide difficult issues of fact in serious personal injury cases. Another example of this can be seen in the judgment yesterday of Mrs Justice Cox in Manna -v- […]
MONTHLY ROUND UP: JUNE 2015
There have been some interesting cases this month involving Litigants in Person and relief from sanctions applications discussed on the blog this month. Here’s what else we have been talking about: LIABILITY Justin Crossley considered the test of “reasonable foreseeability” in Lowdon-v-Jump Zone Leisure UK Limited [2015] EWCA Civ586 All The Fun Of The Fair Gordon Exall considered […]
LIFE EXPECTANCY, EXPERT EVIDENCE, THE STRAUSS TABLES AND THE RELEVANCE OF THE QUALITY OF CARE: DETAILED CONSIDERATION BY THE HIGH COURT
This Blog has already looked at the case of Robshaw -v- United Lincolnshire Hospital NHS Trust [2015] EWHC 923 (QB) in the context of judicial consideration of the basic principles of the law of damages. However the judgment of Mr Justice Foskett also contains some important observations in relation to life expectancy. In particular the […]
FIVE MORE IMPORTANT POINTS FOR THOSE ISSUING IN HASTE
By Gordon Exall Friday is ( or may be) effectively the last day you can issue under the old fee regime. This is going to be a busy day for many litigators. Here are five points in an attempt to ensure that no long-term problems arise.
ASSESSING DAMAGES: WHY THE JUDGES GO BACK TO BASICS AND THE VERY PRACTICAL CONSEQUENCES
By Gordon Exall Recent cases have show that, when faced with difficult issues of calculation in personal injury cases, judges look back at the very basic principles of personal injury damages. These cases show how important the basic principles of personal injury damages are. The multiplicity of tools now available to assess damages can often […]
NO DUTY OF CARE OWED TO EXTREMELY RECKLESS FRIEND USING DANGEROUS MACHINERY: Ford v Silverstone (2015) (QBD)
By Ruwena Khan A Defendant did not owe a duty of care to a Claimant who, while helping him clear the grounds of the property, had of his own accord, attempted to unblock a wood chipper while the engine was on and lost three of his fingers…
Accidents abroad: The need for evidence of local standards
By Elliot Kay Lougheed v On The Beach Ltd [2014] EWCA Civ 1538 Summary A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator. The Court of Appeal overturned the first instance decision where there had been […]
MONTHLY ROUNDUP: NOVEMBER 2014
This month has seen a large number of developments in procedure. However we have had useful posts this month on important developments in liability, evidence, damages and limitation. There is a useful guide to help with costs and costs budgeting which ties in which chamber’s new approach to working with solicitors in the costs budgeting […]
LOSS OF EARNINGS: THE “OGDEN APPROACH” IN PRACTICE: TWO CASES EXAMINED
By Gordon Exall Several years ago the notes to the Actuarial Tables set out a more “scientific” means of assessing damages for future loss of earnings. In essence this is done by using the difference between the multipliers in relation to disabled and non-disabled claimants. See the guidance at paragraph 45 of the explanatory notes. […]
Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE 