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 […]

Car hire and mitigation of loss: an intervention success story: Powell v Palani

By Maxine Best It was only a matter of weeks ago that I encouraged readers to look to 2017 for any future changes to the credit hire landscape. Nevertheless, it appears I was too hasty. The case of William Powell v Babu Palani was heard on 5th September 2016 at Birmingham County Court before His […]

Surveillance skulduggery?

By Peter Yates In Stewart v Kelly Blake J dealt with an application, made by a Defendant in a personal injury claim, to adduce surveillance evidence. The ex tempore judgment – currently available only in summary form – deals with the principles to be applied in relation to ambushes and surveillance. The Claimant alleged that […]