Personal injury

Personal injury

Personal injury - Related Cases

  • Ross v Lyjon [2016] 23/9/06, Liverpool CC
    Leading first instance claim on latency and causation in Noise Induced Hearing Loss claims

  • Re Richard Westgate Deceased; Re Matthew Bass Deceased [2016]
    Instructed by BA in leading claims by air crew for "aerotoxic" injury caused by organophosphates in cabin air.  Inquests ongoing.

  • Sloper v Lloyds Bank [2016] EWHC 483 (Spencer J).  A complex mesothelioma claim where Lloyds Bank were successful in defending allegations of asbestos exposure at their branches. 

  • Cox v Ministry of Justice [2016] UKSC 10 (Supreme Court) [2014] 3 WLR 1036; [2014] ICR 713; [2014] PIQR P17; [2014] EWCA Civ 132, (Court of Appeal)
    vicarious liability of the Ministry of Justice for working prisoners.

  • Heneghan v Manchester Dry Docks and others [2016] EWCA Civ 86.
    Court of Appeal affirmed the first instance judgment of Jay J. on causation and damages in asbestos-induced lung cancer claims and gave definitive guidance in this area.

  • Humphrey v Aegis Defence Services [2016] EWCA Civ 11 
    Claim arising from activities in Iraq and the application of a "desirable activity" defence under the Compensation Act 2006

  • Dalton v BT [2015] EWHC 616 (QB)
    Advised extensively on the recoverability of fixed success fees, dealing with the collation and preparation of complex medical and scientific evidence, liaising with costs counsel, Ben Williams QC

  • Procter v Raleys [2015] EWCA Civ 400
    Claim against solicitors by client for negligent conduct of his claim against the DTI under a scheme for the compensating miners who had developed Hand Arm Vibration Syndrome as result of using vibratory tools

  • Easton v B&Q PLC [2015] EWHC Civ 880 (QB)
    Claim for damages in the region of £1 million for psychiatric injury caused by occupational stress.

  • Cassley v (1) GMP Securities Europe LLP & (2) Sundance Resources Limited [2015] EWHC 722 (QB)
    A claim dismissed under the Fatal Accidents Act 1976 arising out of a plane crash in the People's Republic of Congo in June 2010.

  • Lloyd v. Humphries & Glasgow [2015] EWHC 525 (QB).  Abuse of process litigation involving successive disease claims against different defendants in different actions.

  • Dowdall v William Kenyon and others [2014] EWHC 2822 (QB)
    Instructed at a preliminary issue trial for one of three defendants in a living mesothelioma claim brought by a claimant who had many years before brought (and compromised provisional damages claims on a full and final basis) claims against a number of other employers who had exposed him to asbestos.  Novel legal issues, with arguments of estoppel, abuse of process and limitation.

  • Greenway & ors v Johnson Matthey Plc [2014] EWHC 3957 (QB)

    Claims for loss of earnings due to sensitisation to platinum salts: whether actionable injury in tort; whether alternative claims in contract may be brought for more than nominal damages.  Substantial loss of earnings claims. Court held:no actionable damage; no entitlement to provisional damages; no claim in contract for more than nominal damages.

  • Yapp v Foreign Office [2014] EWCA Civ 1512 (Contract, Employment & Personal Injury)
    In overturning an award of damages for psychiatric injury, the Court of Appeal gave detailed advice on claims for breach of contract and personal injury.

  • Everett v London Fire and Emergency Planning Authority (Lawtel 22.11.13 and Lawtel 7.11.14)
    Acting for the defendant in a six-day High Court liability and quantum trial at the end of which damages of only £2,930 were awarded.  At subsequent costs hearing advancing novel and detailed arguments about "success" which achieved orders for issue-based costs, payment of a proportion of costs, and set-off against damages, thereby protecting his client's interests.  (articles in JPIL 2015 C108 and PILJ 2015 (Feb) 10-11)

  • Hodges v Aegis Defence Services (BVI) Ltd [2014] EWCA Civ 1449
    construction of insuring provisions within contract of engagement following the death of the claimant's husband whilst providng security services in Iraq

  • Collins v Secretary of State for Business & Stena Lane Ferries [2014] EWCA Civ 717 (Limitation). 
    The leading Court of Appeal decision on the assessment of prejudice in long-tail disease claims.

  • Various Claimants v British Telecommunications plc (toneset cases) (ongoing)
    Multi-party litigation involving thousands of telecommunications engineers suing for noise induced hearing loss caused by the use of amplifier / oscillator equipment at work

  • Love v Halfords Ltd  [2014] P.I.Q.R. P20
    product liability - successfully defended claim brought against Halfords Limited under the Consumer Protection Act 1987 - claim failed due to the nature and cause of the alleged bicycle defect and that it was not present at the date of supply

  • Haxton v Philips Electronics [2014] EWCA Civ 4
    Court of Appeal allow novel head of damages

  • Horner v Norman [2013] Lawtel 19-12-13
    claim by pedestrian crossing dual carriageway struck by defendant in offside lane dismissed

  • Davidson v Aegis Defence Services (BVI) Ltd [2013] EWCA Civ 1586
    important appellate authority on s.33 of the Limitation Act 1980 and its application to a personal injury claim arising from the conflict in Iraq

  • Nyang v G4S Care & Justice Services Ltd & ors [2013] EWHC 3946 (QB)
    claim against Immigration Detention Centre operator for failure to prevent suicide attempt resulting in tetraplegia - acted for G4S

  • Longthorn v NPower [2013] HHJ Richardson (Harassment, discrimination and stress at work). 
    A major claim for allegedly discriminatory behaviour at work failed on the facts applied to decided case law.

  • Matthew v Collins et al [2013] EWHC 2952 (QB)
    precedent judgment on tissue samples in asbestos claims

  • Jones and others v Secretary of State for Energy and Climate Change (The Phurnacite Workers Group Litigation) [2012] EWHC 2936 (QB), Swift J. (main judgment); 2 Costs LR 230; [2012] EWHC 3647 (QB) Swift J (costs); [2013] 3 All ER 1014; [2013] EWHC 1023 (QB), Swift J (disbursement credit funding) (Affirmed C.A. [2014] 3 All ER 956)
    Group litigation in which hundreds of former Phurnacite workers or their estates sued in respect of occupational cancers and respiratory diseases

  • Joyce v O'Brien & Tradex Insurance Co Ltd [2013] EWCA Civ 546; [2014] 1 WLR 70; [2013] PIQR P23; [2013] Lloyd's Rep IR 523 (Court of Appeal) and [2012] EWHC 1234 (QB)
    ex turpi causa - participant in joint enterprise of theft involving dangerous getaway driving cannot recover for injuries suffered in the course of that enterprise - parties jointly engaged in a criminal enterprise owe no duty of care to each other - unlawful activity of the Claimant in the theft and getaway was as directly causative as the driving of the First Defendant so the Claimant was precluded from recovering for the consequences of his own criminal conduct

  • Collins v Secretary of State for Business, Innovation and Skills [2013] EWHC 1117
    limitation – date of knowledge – exercise of discretion – prejudice – asbestos-related disease

  • Sayers v Chelwood [2012] EWCA Civ 1715; [2013] 1 WLR 1695
    limitation and NIHL - leading appellate authority on burden of proof in s33 applications under Limitation Act 1980

  • Cleightonhills v Bembridge Marine [2012] EWHC 3449 (TCC); [2013] C.I.L.L. 3289
    £3.5m claim by employer against steel erector who erected a platform from which a man later fell and suffered very serious injuries - contractor's obligation to warn about deficiencies in design - contractor's fitness for purpose obligations in tort - whether a contractor is entitled to delegate its responsibilities to others further down the contractual chain - apportionment under the Civil Liability Contribution Act 1978 where several Defendants are sued and some have already paid substantial sums by way of settlement to the party claiming contribution

  • Johnson v Ministry of Defence and Hobourn Eaton [2012] EWCA Civ 1505
    date of knowledge under s.14 Limitation Act 1980 in a noise induced hearing loss claim

  • Richards v Bromley LBC [2012] EWCA Civ 1476; [2013] ELR 66
    breach of duty - foreseeability

  • SG v Hewitt [2012] EWCA Civ 1053 (Court of Appeal); [2012] 5 Costs L.R. 937
    head injury to child passenger in rear seat of car hit by bale of straw shed by passing trailer - early substantial pre-action Pt.36 offer while case still being investigated - impossible to accept because of uncertainty of prognosis through adolescence - delayed acceptance - costs consequences - important Court of Appeal guidance

  • Alexander v Freshwater [2012] EWCA Civ 1048 (LTL 27/7/12)
    claim brought by a celebrated jeweller whose finger was severed by a defective door

  • Hannon v Hillingdon Homes Ltd [2012] EWHC 1437 High Court
    decided the liability of the landlord under the Defective Premises Act 1972 for an injury to a third party caused by the tenant's breach of obligation

  • Ali Ghaith v Indesit Co UK Ltd [2012] EWCA Civ 642
    Manual Handling Operations Regulations 1992 - burden of proof - causation - importance of mediation

  • The Employers' Liability "Trigger" Litigation [2012] UKSC 14 (Supreme Court)
    construction of EL policies - response to mesothelioma liabilities - the rule in Fairchild and Barker
  • Guntrip v Cheney Coaches Ltd [2012] EWCA Civ 392; [2012] CP Rep 26
    permission to rely on new expert following joint discussion of experts refused

  • MacLennan v Hartford [2012] EWHC 346 (QB)
    chronic fatigue syndrome suffered by City worker not a foreseeable consequence of her system of work or caused by her work - the case sets out valuable guidance on the high hurdle faced by claimants in stress at work claims

  • Woodham v Turner [2012] EWCA Civ 375 and [2011] EWHC 1588 QB
    claim by motorcyclist overtaking stationary traffic at junction colliding with bus emerging from side road

  • PIP Breast Implant litigation
    Advising the Welsh Ministers on the recovery of the cost to the NHS of replacing defective implants

  • Sutton v Syston Rugby Football Club [2011] EWCA Civ 1182
    the standard of care to be expected of rugby clubs towards their players

  • Kotula v EDF and others [2011] EWHC 1546 (QB) and [2010] EWHC B11 (QB)
    Acting initially for one, then for all three defendants in a paraplegic claim which had contested High Court hearings over liability, then over provisional damages and variable PPs, then over the terms of the final periodical payments order and the security of periodical payments when insurers were out of the jurisdiction and had policies with indemnity limits capped at fixed sums in Euros.  (articles in JPIL 2011 and 2012)

  • Baker v Quantum Clothing Group Ltd [2011] UKSC 17
    employers not liable at common law or under the Factories Act 1961 for noise induced hearing loss sustained by employees before the coming into force of the Noise at Work Regulations 1989

  • Goad v Butcher [2011] EWCA Civ 158, Mummery, Moore-Bick and Jackson LJJ
    re-consideration of the standard to be applied when a driver caused an accident whilst in breach of the Highway Code

  • Walton v Axa Belgium [2011] PIQR P12, Hickinbottom J
    interim payment application exploring the extent of the 'unlevel playing field' restriction.

    Counsel for the Defendant (led by Richard Lynagh QC who was brought in for trial) in a claim by a Claimant rendered tetraplegic in a road accident in the EU who brought his claim in Britain. The case raised the difficult issue of whether an EU insurer can fact be sufficiently ‘secure’ for the purposes of the Damages Act as amended and what scheme would need to be in place to ensure such ‘security’.

  • Uren v Corporate Leisure Ltd and MOD [2013] EWHC 353 QB; [2011] EWCA Civ 66 and [2010] EWHC 46 QB
    injury sustained during "It's a Knock-Out" style games for a Health and Fun day at an RAF base - balancing the risk of injury involved against the benefits of the game itself

  • Huscroft v P & O Ferries [2010] EWCA 1483
    the correct ambit of CPR 3.1(3)

  • McG v T (Court of Appeal, 2010)
    RTA in Florida between two UK nationals: settled at Court of Appeal mediation May 2010

  • MoD v AB and ors (Atomic Veterans litigation) [2010] EWCA Civ 1317
    limitation - group action brought by 1011 claimants alleging adverse consequences to health resulting from exposure to ionising radiation from nuclear tests carried out by the British Government

  • Swain v (1) Geoffrey Osborne Ltd (2) PJ Browne Ltd [2010] EWHC 1108 (QB); [2010] EWHC 3118 (QB), Foskett J
    Claimant allegedly slipped on muddy pavement opposite a building site. He sued the main contractor Osbornes and the groundworks subcontractor Browne. Both were found liable at trial. In contribution proceedings Osbornes obtained a full indemnity from Browne, together with indemnity costs from the expiry of a Part 36 offer.

  • Aktas v Adepta [2010] EWCA Civ 1170
    Abuse of process, failure to serve of claim form, second set of proceedings.

  • Dixie v British Polythene Industries [2010] EWCA Civ 1170, [2011] 1WLR 945
    First instance trial and Court of Appeal - whether resurrection of a personal injury claim by second proceedings after the first had been struck out for failure to serve a claim form in time was permissible under the Limitation Act or was an abuse of process.

  • The Employers' Liability "Trigger" Litigation [2010] EWCA Civ 1096; [2009] 2 All ER 26
    major multi-party asbestos/insurance litigation

  • Bristow v Barts & London NHS Trust [2010] EWHC 1969 (QB)
    substantial claim by a Consultant for serious personal injury in his own operating theatre

  • Bell v London Borough of Havering [2010] EWCA Civ 689
    appeal against the Judge's finding of credibility of a witness

  • Davies v Global Securities [2010] EWCA Civ 648
    the extent of a military contractor's duty to an operative working in post-invasion Iraq

  • Esdale v Dover DC [2010] EWCA Civ 409
    the significance of intervention criteria in tripping claims under the Occupiers' Liability Act 1957

  • Mann v NEDL [2010] EWCA Civ 141
    electricity regulations

  • Sabin v BRB (Residuary) Ltd [2010] EWHC 267 (QB)
    causation of asbestosis in low dose case: significance of pathology findings and Helsinki criteria

  • Frost v Oldfield [2010] EWHC 279 QB
    high speed collision between two motorcycles - case turned on conflicting expert accident reconstruction evidence due to the lack of eye-witness evidence as to the collision itself

  • Brown v Paterson [2010] EWCA Civ 184, Mummery, Richards and Rimer LJJ
    case in which the claimant sought to reopen the issue of the status of breaches of the Highway Code in civil claims and sought, in particular, to maintain that a technical breach of the Highway Code was sufficient to give rise to liability

  • Gray v Thames Trains [2009] UKHL 491
    House of Lords - unlawful acts / ex turpi causa - claim by a survivor of the Ladbrooke Grove train crash for damages for loss of earnings etc after committing manslaughter as a consequence of psychiatric injury sustained in the accident.

  • Fleet v Fleet [2009] EWHC 3166 (QB), Mackay J
    Deceased mesothelioma claim - assessment of damages - proper approach to claims for loss of the unique care and attention of a spouse - Ogden 6 contingency discounts for a man older than 55

  • Macsalvors Plant Hire Ltd v Brush Transformers Ltd [2009] EWCA Civ 1329; [2010] CILL 2809; [2010] TCLR 2; Ward, Smith and Rimer LJJ
    Counsel for a plant owner in a claim against a hirer testing the meaning and extent of Clauses 8 and 13 of the CPA conditions in relation to injuries to the plant driver caused by the driver’s and the owner's breach of duty

  • Glaister v Appleby in Westmoreland Town Council [2009] EWCA Civ 1325, [2010] PIQR P6
    First instance trial and Court of Appeal - existence of duty of care alleged to have been owed to seriously injured bystander by a runaway horse at the Appleby Horse Fair.

  • Horsley v Cascade [2009] EWHC 2845 (Lawtel 18/11/09)
    substantial 'lost years' claim in an asbestosis case in the High Court

  • Thomas and others v Arriva Trains Wales Ltd [2009] EW Misc 8 (EWCC); Lawtel AC0123076
    Claims for train drivers who suffered upper limb disorders as a consequence of the controls in the cabs

  • Somnez v Kebabery Wholesale Ltd [2009] EWCA Civ 1386 (Ward LJ, Wilson LJ, Sir Paul Kennedy)
    Successful party where claimant contributorily negligent

  • Hopps v Mott MacDonald/MoD [2009] EWHC 1881 (QB)
    Claimant engineer was working in Basra, Iraq. He was injured when a road-side bomb was detonated near the Army Land rover in which he was travelling. He sued his "employers" Mott MacDonald and the MoD for £1M for failing to provide him with an armoured vehicle. Issues included proper scope of expert evidence, "security" evidence, ballistics expert evidence, whether the reconstruction of Iraq's infrastructure was a "desirable activity" within the meaning of s.1 of the Compensation Act 2006; whether that section has retrospective application.

  • Watson v Cakebread Robey Ltd [2009] EWHC 1695 (QB)
    Living mesothelioma claim - assessment of damages - recoverability of prospective funeral expenses - Ogden 6 contingency discounts for a man older than 55 - past and future loss of earnings when the claimant had not declared his business for tax, VAT, etc

  • Onay v Brown [2009] EWCA Civ 775, Carnwath, Toulson and Goldring LJJ
    costs of the trial of the issue of contributory negligence in a claim regarding a road traffic accident where primary liability was admitted at an early stage and the main issue on contributory negligence was the Claimant's speed

  • Baker v Quantum and Meridian [2009] EWCA Civ 566
    bias and recusal

  • Baker v Quantum Clothing [2009] EWCA Civ 499
    noise induced hearing loss

  • Darg v Commissioner of Police for the Metropolis & Venson Public Sector Group Ltd [2009] EWHC 684 QB
    whether relatively minor cut to finger had led to carpal tunnel syndrome and subsequently to a seriously disabling complex regional pain syndrome

  • Huntley (Hopkins) v Simmonds [2009] EWHC 406
    high value head injury claim

  • Ammah v Kuehne+Nagel [2009] EWCA Civ 11
    workplace systems and risk assessments

  • Rice v Secretary of State of Business Enterprise & Regulatory Reform; Thompson v Same [2007] EWCA Civ 289 and [2008] EWHC 3216 (QB)
    common law liabilities of National Dock Labour Board to registered dock workers in 1950s and 1960s

  • Pierce v Doncaster MBC [2008] EWCA Civ 1416; [2009] Fam. Law 202
    liability of local authority for failure to remove child from parents - limits to scope of duty of care in light of conflicting statutory functions and role of Juvenile Courts

  • Jake Pierce v Doncaster Metropolitan Borough Council [2008] EWCA Civ 1416
    whether adult claimant should have been removed from his family as a child, in which event he would not have suffered neglect and abuse at their hands - complex duty of care issues

  • Goodwin v Bennetts UK Limited [2008] EWCA Civ 1374
    Health and Safety (Display Screen Equipment) Regulations 1992 (especially regulation 4), medical causation of upper limb disorder (tenosynovitis) and exacerbation of symptoms

  • TCD v Harrow [2008] EWHC 3048 (QB)
    limitation in a sexual abuse claim

  • Jones v Rhondda Cynon Taff County Borough Council [2009] RTR 13;[2008] EWCA Civ 1497
    Duties under the Highways Act 1980

  • Lindesay v Lamb & Tatner [2007] EWHC 2948 (Wilkie J), [2008] EWCA Civ 1143 (liability)
    claimant suffered very severe burn injuries following a road traffic accident - liability issues included the scope of the duty of care owed by drivers involved in a multiple vehicle pile-up

  • St George v Home Office [2008] EWCA Civ 1068; [2009] 1 WLR 1670
    very severe brain injury suffered by prisoner following drug withdrawal seizure - allegations of inadequate care by prison medical officer and hospital wing orderlies - significant causation issue as to whether head injury in fall during fit triggered status epilepticus

  • Williams v Jervis [2008] EWHC 2346
    subtle brain injury

  • Crofts v Murton [2008] EWHC 3538 (QB), Andrew Collender QC
    assessment of damages in respect of serious brain injuries sustained in a road accident - amongst other things, the case involved a further review of the correct approach to the determination of the life multiplier in cases involving reduced life expectancy and the deductibility of injury pensions

  • Alan Ide v ATB Sales [2008] EWCA Civ 424 and [2007] EWHC 1667 QB (Gray J)
    claim under Consumer Protection Act 1987 for serious head injuries sustained in fall from mountain bike - causation where there are alternative explanations for the loss - application of The Popi M [1985] 1 WLR 948 

  • Mason v Satelcom and East Potential [2008] EWCA Civ 494
    interpretation of the Provision and Use of Work Equipment Regulations 1998 – meaning of 'control' in reg 3(3)

  • Arnup v White Ltd [2008] EWCA 447
    fatal accidents and deduction of benefits

  • OCS Group v Davinia Wells [2009] 1 WLR 1895, Nelson J
    pre-action disclosure of a Claimant's medical records - on appeal, Nelson J held that the Court at first instance had correctly exercised its discretion under CPR Part 31.16 not to order pre-action disclosure of a Claimant's medical records in connection with a potential personal injury claim

  • Carver v BAA [2008] EWCA Civ 412; [2009] 1 WLR 113; [2008] 3 All ER 911; [2008] PIQR P15
    Defendant awarded costs despite the Part 36 payment being beaten by a margin

  • Harrison v Derby CC [2008] EWCA Civ 583
    inspection regimes and highway maintenance

  • Collins v Gordon [2008] EWCA Civ 110
    vacation of trial date in multi-expert serious brain injury case

  • Williams v Welsh Ambulance [2008] EWCA Civ 81
    fatal accidents valuation

  • Allison v London Underground [2008] EWCA Civ 71
    H&S risk assessment

  • Carter v Freeman Group plc [2008] EWHC 1752 (QB) (appeal); (2007) Lawtel AC0116614 (first instance) 
    Inheritance of liabilities in asbestos litigation; procedure on appeals in summary judgment applications

  • Furniss v Firth Brown Tools [2008] EWCA Civ 182, C.A.
    Limitation of actions in NIHL cases.

     

  • British Coal Corporation HAVS claims [2006] EWHC 1131; [2006] EWHC 1154; [2006] EWCA Civ 1357 and [2008] EWHC 69
    administration of DBERR Claims Handling Agreement for coal miners hand arm vibration syndrome claims

  • Lewis v National Assembly for Wales (2008), Lawtel AC0116055
    Occupier’s liability in respect of a disused highway in a catastrophic injury case.

  • Gleeson v Court [2007] EWHC 2397 (QB)
    RTA - contributory negligence - claimant travelling unrestrained in the boot of a car driven by an acquaintance who had been drinking

  • Clarke v Havering & Suffolk Water [2007] EWHC 3427
    whether Water Authority should carry sole blame for a defective installation, even when the Highway Authority had failed to detect it

  • Rothwell v Chemical Insulating Co Ltd [2007] UKHL 39; [2008] 1 AC 281; [2007] 3 WLR 876
    test cases establishing that employers have no liability for asbestos-related pleural plaques and no claim for free-standing psychiatric injury

  • Cameron v Vinters Defence Systems [2007] EWHC 2267
    Successfully (and somewhat controversially) argued that payments made to widows under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 should be deducted from a claim under the Fatal Accidents Act 1976.  Also authority for when to depart from the JSB Guidelines.

  • Burton v Kingsbury [2007] EWHC 2091 (QB), Flaux J
    assessment of damages for a (C4 complete) tetraplegic claimant - unusually for a case of this type almost every point was in issue, including how the Court should approach the issue of local authority funding following the Court of Appeal's judgment in Crofton v NHSLA - judgment sum was in excess of £6.3m, albeit that it included an order for periodical payments in respect of the Claimant's care and case management needs

  • Ezsias v National Assembly for Wales (2007), Lawtel AC0117319 – duties of the National Assembly for Wales in respect of data protection

  • Arden v Malcom [2007] EWHC 404 (QB)
    admission of evidence of life expectancy in head injury claim

  • Jade Spillman v Bradfield Riding Centre [2007] EWHC 89 (QB)
    interim payments

  • Lindsay v Wood [2006] EWHC 2895 (QB) The Times 08.12.06
    Head injury claim.  Issue as to whether Claimant had capacity to manage his financial affairs for purposes of Part VII of the Mental Health Act 1983 and CPR Part 21.  Consideration and explanation of the principle in Masterman-Lister v Brutton & Co.

  • Linda Wolfe v Robert Pavi del' Innocenti [2006] EWHC 2694 (QB)
    assessment of dependency of a wife in a Fatal Accidents Act claim who takes over and runs the deceased's business

  • Atkins v Ealing [2006] EWHC 2515
    guidelines for local authorities inspecting manhole covers

  • Majrowski v Guys & St. Thomas' NHS Trust [2006] UKHL 34; [2007] 1 AC 224
    the leading case on statutory harassment under the 1997 Harassment Act

  • J Sainsbury Plc v Ronan [2006] EWCA Civ 1074; [2006] All ER (D) 80 (Jul)

  • Darwish v EgyptAir [2006] EWHC 1399 (Admin)
    stress at work and assault

  • Skipper v Calderdale MBC [2006] EWCA Civ 238; [2006] ELR 322
    educational negligence - whether damages recoverable for humiliation, lost confidence and self-esteem caused by unremediated dyslexia

  • Fifield v Denton Hall Legal Services [2006] EWCA Civ 169
    Health and Safety (Display Screen Equipment) Regulations 1992, medical causation of upper limb disorder and the evidential status of a claimant's medical records

  • Packenham-Walsh v Connells Estate Agency [2006] EWCA Civ 90
    stress at work

  • Adams v Ali [2006] 1 WLR 1330
    personal injury - limitation - section 33

  • Sowerby v Charlton [2006] PIQR P15
    admissions and CPR Part 14

  • Whalley v Montracon Ltd [2005] EWCA Civ 1383
    HAVS

  • Baird v Thurrock Borough Council [2005] EWCA Civ 1499; The Times, November 15, 2005

  • Brazier v Dolphin Fairway [2005] EWCA Civ 84
    lifting claim

  • Harding v The Pub Estate Company Ltd [2005] EWCA Civ 553
    occupational stress causing myocardial infarction

  • Burton v Kingsbury [2005] EWHC 1034; [2006] PIQR P2
    Claim by two claimants in respect of a serious road traffic accident.  Both claimants sustained spinal injuries; one was rendered tetraplegic. The reported aspect of the case deals with the issue of single stage uplifts in CFAs in serious road traffic accidents where there is more than one Defendant and liability remains in issue until the date of trial. The Court also reviewed and reconsidered the conduct required to warrant an order for indemnity costs.

  • Ball v Street [2005] EWCA Civ 76, [2005] PIQR P22, C.A. – strict liability under PUWER

  • Uphill v BRB Residuary [2005] EWCA Civ 60, [2005] 3 All ER 264; Times 8th February 2005; Independent 17th February 2005
    Guidelines case on second appeals

  • Hartman v S. Essex Mental Health & Community NHS Trust; Best v Staffordshire University; and otrs ("Barber" group stress claims) [2005] PIQR P255; [2005] EWCA Civ 06, CA

  • Slater v Buckinghamshire County Council & Stigwood [2004] EWCA 1478 and [2004] EWHC 77 (QB)
    duty and standard of care applicable to the operation of a service for the transport of disabled persons - scope of Road Traffic Act insurance cover

  • Sayers v Smith Kline Beecham, Merck & Co Inc [2004] EWHC 1899 (QB) Keith J
    court approval of offers of settlement by pharmaceutical company defendant following the withdrawal of legal aid to children in group action: MMR Vaccine Litigation

  • Thomas v Kostanjevec [2004] EWCA Civ 1782
    personal injury – negligence of motorcyclist – death of pedestrian – liability and apportionment

  • Bonser v UK Coal Mining Limited [2004] IRLR 164

  • Hashtroodi v Hancock [2004] EWCA (Civ) 652
    Catastrophic injury - proper test for extension of time for service of a claim form - application made when claim form still valid but after limitation period had expired - whether "good reason" needed

  • Halsey v Milton Keynes Trust [2004] EWCA (Civ) 576
    sanctions for refusing to mediate

  • Steel v Joy [2004] EWCA (Civ) 576
    apportionment between consecutive tortfeasors

  • Hotchkiss v Channel Islands Knitwear Limited  [2003] JLR 163 (Privy Council on appeal from the Court of Appeal of Jersey)
    successful appeal for Defendants on factual causation issues

  • Robert v Momentum Services [2003] 2 All ER 74 (CA)
    time limits for serving Particulars of Claim

  • Abrahams v London Borough of Waltham Forest [2003] EWCA Civ 1358
    Article 6 right to a fair trial - judge's handling of expert evidence - claimant absented himself during trial

  • Cranfield v Bridgegrove [2003] 2 WLR 2441
    service of claim form out of time - discretion to dispense with or extend time for service

  • Martin Humphrey v Tote Bookmakers [2003] EWHC 217
    claim for psychiatric injury arising from armed robbery in a betting shop

  • Barlow v Borough of Broxbourne [2003] EWHC 50
    stress at work

  • Spencer v Boots the Chemist Ltd [2002] EWCA Civ 1691
    risk assessment under the Management of Health and Safety at Work Regulations 1992 in relation to work related upper limb disorder

  • Kearn-Price v Kent CC [2003] All ER 17 (CA)
    public liability of school for games played in playground

  • Fairchild v Glenhaven [2002] UKHL 22; [2001] EWCA Civ 1881
    causation in mesothelioma claims, at first instance, Court of Appeal and House of Lords

  • Warner v Huntingdonshire [2002] EWCA Civ 791
    local authority liability for refuse collector's strain injuries

  • Wong v Parkside Health NHS Trust [2003] 3 All ER 932 (CA)
    whether tort of harassment at common law - extent of tort of intentional infliction of harm

  • Evans v Pontypridd [2001] EWCA Civ 1657
    assessment of voluntary care

  • Karia v ICS (Management Services) Ltd [2001] EWCA Civ 1025
    striking out

  • Heil v Rankin [2] [2001] PIQR Q3
    discount for risk of future tortious injury

  • Powell v Hansen [2001] All ER 83
    RTA

  • Griffin v Kingsmill [2001] EWCA Civ 934
    breach of duty of care by solicitor and barrister

  • Kelly v Smith & Parkes Ltd [2001] 3 QR 19
    asbestos - mesothelioma quantum

  • Heil v Rankin [1] [2001] QB 272
    uplift for awards for general damages

  • Welsh v Matthew Clark Wholesale [2001] EWCA Civ 320
    gastro-oesophageal reflux allegedly caused by repeated manual handling

  • Wilson v Coulson [2002] PIQR P22
    attributability of heroin addiction to a previous brain injury

  • Holt v Surrey Heath BC [2001] 5 CL 598
    highway liability

  • Witley & District Working Mens Club v Mackay [2001] I.R.L.R. 595; [2001] Emp. L.R. 1072

  • R v Criminal Injuries Compensation Board ex parte A [1999] 2 AC 330 HL
    error of fact by tribunal due to fault of third party

  • Heselwood v Collett [1999] PIQR Q136, Buckley J
    application to set settlement aside in light of decision in Wells v Wells

  • Melhuish v Clifford Others [QBD, 18.8.98]
    duties of unincorporated associations to their members in the area of occupiers' liability

  • Wells v Wells [1999] AC 345
    multipliers and appropriate discount rate

  • Doyle v Wallace [1998] PIQR Q146
    assessment of the loss of a chance

  • Bourlet v Stagecoach East Kent Company Ltd [1999] PIQR P43
    renewing process after expiry of the time for service

  • Hegarty v EE Caledonia [1996] 1 Lloyd's Rep 413 and [1997] 2 Lloyd's Rep 259, Popplewell J and CA
    psychiatric injury arising out of Piper Alpha disaster - construction of Offshore Installations Regulations - claim by rescuer and bystander

  • The Creutzfeld-Jakob Disease Litigation: N v Medical Research Council and Department of Health [1996] 7 Med LR 309; 54 BMLR 8, Morland J and CA
    liability of Department of Health and Medical Research Council for clinical trials leading to contraction of CJD

  • R v Criminal Compensation Board ex parte Cook [1996] 1WLR 1037 CA
    interpretation of compensation scheme and entitlement of dependants

  • R v Criminal Injuries Compensation Board ex parte P [1995] 1 WLR 870 CA
    vires of compensation scheme

  • Nilsson v Walsall BC [1995] PIQR P199, Court of Appeal
    negligence/system of work

  • Roy v Europ [1995] EWCA Civ 1117
    duties owed by insurer in relation to emergency repatriation

  • Afzal v Ford [1994] 4 All ER 720 (CA); [1994] PIQR P418
    test cases on costs issues

  • Phillips v Henlys Limited [2006] EWHC 1806
    VWF claim

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