Summary of Recent Cases – Substantive Law


PERSONAL INJURY & FATAL ACCIDENTS

The Degree Of Force Applied By Police Officers To Individual Resisting Arrest Was Reasonable Despite Severe Injuries Being Sustained

Adorian v. Commissioner of Police for the Metropolis, QBD, 25/11/10

HHJ O’Brien QC (sitting as a deputy judge of the High Court) held that the degree of force applied by police officers to the Claimant, who had resisted arrest, was reasonable, despite severe injuries being sustained by the Claimant. In light of the fact that the Claimant had resisted arrest, a higher degree of force was justified.

All But One Lead Personal Injury Claims By Atomic Veterans Were Statute Barred

Ministry of Defence v. AB & Ors, CA, 22/11/10

The Court of Appeal held that all but one lead claims by Atomic Veterans for personal injuries alleged to have been caused by nuclear testing carried out in the Pacific region in the 1960s by the British Government were statute barred. The Court of Appeal held that, save for the one lead claim, the other 9 lead Claimants’ date of knowledge for the purposes of s. 11 and s.14 of the Limitation Act 1980 was more than 3 years prior to the issue of proceedings. The Court of Appeal further held that it would that it was inappropriate to exercise the discretion pursuant to s.33 of the Limitation Act 1980, on the primary ground that the claims were so weak in respect of causation.

December 13, 2010 · Editorial Team · Comments Closed
Posted in: Cases