Archive for the ‘Cases’ Category

JC & A Solicitors Limited v Andeen Iqbal & others [2017] EWCA Civ 355

A firm of solicitors appealed against a decision concerning the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents as it stood before 2013. The solicitors had acted for claimants in 3 claims in which a CNF had been submitted. The defendant in each case had admitted liability and paid Stage 1 […]

July 15, 2017 · Editorial Team · Comments Closed
Posted in: Cases

ABC v St George’s Healthcare NHS Trust & others [2017] EWCA Civ 336

The Appellant’s claim against the Respondent NHS trusts had been struck out on the basis that there was no reasonably arguable duty of care owed to her. She appealed against this decision. Her father had been detained by the Respondents under the Mental Health Act 1983 and the Respondents suspected he might have Huntington’s disease. […]

June 15, 2017 · Editorial Team · Comments Closed
Posted in: Cases

EUI Ltd v Sultan (2017), QBD (O’Farrell J) 12th April 2017

The respondent had made a personal injury claim arising out of an alleged road traffic accident. The applicant was the insurer of the driver who was said to be at fault. Its position was that the accident did not occur as alleged, or at all, and that the respondent’s claim was fraudulent. It had obtained […]

May 28, 2017 · Editorial Team · Comments Closed
Posted in: Cases

Baker v KTM Sportmotorcycle UK Limited & another (2017) CA (Civ Div) (Lloyd Jones LJ, Hamblen LJ), 3rd May 2017

The respondent had purchased one of the appellant’s motorbikes second hand from a dealer. The bike was two years old, fully serviced and with low mileage. The front brake seized in use and the respondent was thrown from the bike leading to injury. His claim against the appellant alleged that his injuries had been caused […]

May 15, 2017 · Editorial Team · Comments Closed
Posted in: Cases

McGeer v Macintosh [2017] EWCA Civ 79

The Court of Appeal (Treacy, Christopher Clarke, Richards LLJ) determined an appeal brought by an HGV driver in which the respondent cyclist had sustained very severe injuries. The HGV driver had been intending to turn left at a junction and as he had done so, the respondent came from behind the appellant’s vehicle and collided […]

April 28, 2017 · Editorial Team · Comments Closed
Posted in: Cases

Webster (a child by his litigation friend, Heather Butler) v Burton Hospitals NHS Foundation Trust [2017] EWCA Civ 62

The Court of Appeal (Jackson, Simon, Flaux LLJ) determined an appeal brought by a child (W) who suffered from cerebral palsy caused by a prenatal injury to his brain. It was not disputed that if W had been delivered 3 days earlier, he would have avoided the injury. An ultrasound scan carried out 2 months […]

April 15, 2017 · Editorial Team · Comments Closed
Posted in: Cases

Secretary of State for Work & Pensions v FG (on behalf of John (a minor) [2017] EWCA Civ 61

The Secretary of State for Work & Pensions (SSWP) appealed against a decision of the Upper Tribunal (UT) that the respondent was entitled to compensation under the vaccine damages payments scheme. It was accepted that the respondent had been left with severe narcolepsy and cataplexy as a result of receiving a pandemic influenza vaccine at […]

March 28, 2017 · Editorial Team · Comments Closed
Posted in: Cases

Caren Sharp v Leeds City Council [2017] EWCA Civ 33

The appellant had suffered injury when she fell on paving which was maintained by the respondent. She initially began her claim under the EL/PL Protocol. It later ceased to continue under that Protocol, although the precise reasons for this were disputed. The case thereafter proceeded under the PI Protocol. The respondent failed to give pre-action […]

February 28, 2017 · Editorial Team · Comments Closed
Posted in: Cases

Wooldridge v George QBD (Judge Walden-Smith) 23rd January 2017

The claimant, who had been drinking, was struck whilst crossing the road between two pubs. The defendant was driving at 20mph, had not been drinking, and was not distracted. Notwithstanding this, she had failed to see the claimant. In all the circumstances, had she been negligent HELD: The expert evidence suggested the claimant had been […]

February 17, 2017 · Editorial Team · Comments Closed
Posted in: Cases

Hutton v Criminal Injuries Compensation Authority [2016] EWCA Civ 1305

The Court of Appeal set out the approach to be taken when considering an appeal from the decision of CICA in relation to a decision not to waive the time limit in the Scheme with respect to a claim which had been brought 40 years out of time. The FTT upheld the decision; but the […]

January 28, 2017 · Editorial Team · Comments Closed
Posted in: Cases