Archive for the ‘Cases’ Category

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

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