Personal Injury Articles

Patrick Joseph Hannon v Hillingdon Homes Ltd (2012): Liability for Defective Premises – Flora Wood, Partner, Ashfords Solicitors 
In the recent case of Patrick Joseph Hannon v Hillingdon Homes Ltd the High Court found in favour of the Claimant in respect of the serious injury to his ankle he sustained after falling on an open sided staircase that had no banister.

JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust (2012): Vicarious Liability – Flora Wood, Partner, Ashfords Solicitors 
In the recent case of JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust, the Court of Appeal affirmed the High Court’s conclusion that the Bishop of Portsmouth (repre-sented by the Roman Catholic Diocese) was vicariously responsible for the wrongdoings of a priest assigned to a children’s home. Both courts held the Diocese liable for the priest’s actions, even though he was not technically an employee.

Blair-Ford v CRS Adventures Ltd (2012): Duty of Care Not Breached by Tragic, Freak Accident – Flora Wood, Partner, Ashfords Solicitors 
As previous articles have warned, it is essential for an employer or organiser to undertake a risk assessment when they put on an event. But what would happen if a risk assessment is carried out, but during the event, the way that an exercise is conducted is modified? That was the question that the High Court had to address in the recent case of Blair-Ford v CRS Adventures Ltd.

Three strikes, you’re still in? What Fairclough Homes Ltd v Summers [2012] UKSC 26 tells us about fraud – David Sawtell, 4 King’s Bench Walk 
The significance of Fairclough Homes Ltd v Summers [2012] UKSC 26 lies not in the decision that the Supreme Court reached but in the approach to abuse of process that it approved. At the end of a trial, where it is possible to make a fair award of damages in favour of a claimant, it is deeply unlikely that the court will strike out the entire claim as an abuse of process. Viewed on its own facts, then, the progress from Ul Haq v Shah [2009] EWCA Civ 542, where it was said that it was not possible to strike out a claim in this way, is glacial. Instead, it is the encouragement that the Supreme Court gave to litigants faced with other scenarios that will affect personal injury practice.

Reflections of a Reluctant Claimant – David Locke, Hill Dickinson LLP 
Prior to the publication of the Jackson reform proposals, the debate amongst the stakeholders descended often to hyperbole. The lobbyists withdrew to increasingly entrenched positions, although all claimed the moral high-ground. To each other, the claimant and defendant representatives became fairy-tale monsters, either heartless insurers dragging claims out needlessly, or greedy solicitors running up disproportionate bills, milking a system that perpetuates fraudulent claims.

Rebuttal of ‘Litigation culture making Britain less safe’ – Julie Carlisle, Henmans LLP 
A response by Julie Carlisle to an article published in The Independent on 10th September 2012 entitled, “‘Litigation culture’ is making Britain less safe, says report”.

Not black & white – Richard Scorer, head of serious injury, Pannone LLP 
Richard Scorer explains that grey areas still exist at the boundaries of vicarious liability. In JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 938, the Court of Appeal upheld a first instance decision making the Catholic Church (or rather its constituent dioceses and orders) vicariously liable for its priests who commit child abuse.

October 23, 2012 · Editorial Team · Comments Closed
Posted in: Cases