Archive for the ‘Cases’ Category

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

Worral v Antoniadu [2016] EWCA Civ 1219

A consultant plastic surgeon appealed against a finding of negligence arising from the respondent’s claim for an unsatisfactory breast augmentation operation. The respondent had alleged that she had undergone the operation in reliance on the negligent advice of the surgeon. At first instance the judge had found that the surgeon had unintentionally allowed the respondent […]

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

Secker v Fairhill Property Services and others, QBD (Judge Cotter QC), 17th November 2016

The Claimant owned a new build property which had been constructed by the First Defendant. She fell over a step in the garden and suffered serious injuries. Her pleaded case was that the First Defendant had breached the contract of sale by failing to complete the work to a satisfactory standard and in compliance with […]

December 28, 2016 · Editorial Team · Comments Closed
Posted in: Cases

Dean & Chapter of Rochester Cathedral v Leonard Debell [2016] EWCA Civ 1094

A cathedral appealed against a finding that it was liable for the injury suffered by the respondent. The respondent alleged that he had tripped over a piece of concrete which stuck out from the bottom of a bollard within the cathedral precincts. HELD: (1) A trial judge must strike a balance between the nature and […]

December 15, 2016 · Editorial Team · Comments Closed
Posted in: Cases

Adams v Gibson (2016) QBD (Judge Freeman) – 26 October 2016 [Doc No: AC9402056]

The court determined liability and contributory negligence as a preliminary issue in a claim for personal injury brought by the Claimant, a pedestrian, who was struck by the Defendant’s vehicle while attempting to cross a road. The Claimant, who had been drinking, sustained serious brain injuries and consequent loss of capacity. Held: (1) On the […]

November 28, 2016 · Editorial Team · Comments Closed
Posted in: Cases

London Borough of Sutton v Edwards [2016] EWCA Civ 1005

The question for the court was whether a first instance judge was correct in deciding that the appellant local authority owed a duty under section 2 of the Occupiers’ Liability Act 1957 to ensure that visitors were safe in using a small ornamental bridge in a park, notwithstanding that there was nothing wrong with the […]

November 15, 2016 · Editorial Team · Comments Closed
Posted in: Cases

Richard Andrew Campbell v Robert Campbell [2016] EWHC 2237 (Ch)

The Claimant was a litigant in person. A costs management hearing was held. The Claimant wished to obtain legal assistance falling short of a firm of solicitors having conduct of the litigation. These solicitors would then instruct a barrister who was not Direct Access qualified. The Court considered: (1) to what extent CPR r3.13 to […]

October 28, 2016 · Editorial Team · Comments Closed
Posted in: Cases

Jacqueline Ann Smith v (1) Lancashire Teaching Hospitals NHS Trust (2) Lancashire Care NHS Foundation Trust (3) Secretary of State for Justice [2016] EWHC 2208 (QB)

The Claimant cohabited with her partner for over two years before he died as a result of the negligence of the First and Second Defendants. Under s.1A(2)(a) of the Fatal Accidents Act 1976 (as amended), two year plus cohabitees were not entitled to bereavement damages. The Claimant sought a declaration regarding the interpretation of s.1A(2)(a), […]

October 15, 2016 · Editorial Team · Comments Closed
Posted in: Cases