Archive for the ‘Cases’ Category

Andrew Graeme Waring v Mark McDonnell (unrep., Brighton County Court, 6 November 2011)

The Claimant and Defendant had been cycling in opposite directions and collided head-on. Both sustained personal injury and brought claims for damages. The Judge found for the Claimant and dismissed the Defendant’s counterclaim. It was held that the Defendant was not entitled to the protection of qualified one-way costs shifting in relation to the costs […]

December 15, 2018 · Editorial Team · Comments Closed
Posted in: Cases

Livewest Homes Ltd v Bamber [2018] EWHC 2454 (QB)

The Respondent wanted to oppose an appeal against a possession order, both on the ground relied upon by the first instance judge in his judgment, and/or upon a different basis rejected by the judge at first instance. The Respondent had not filed a Respondent’s Notice to uphold the lower court’s decision “for reasons different from […]

November 28, 2018 · Editorial Team · Comments Closed
Posted in: Cases

Lewis -v- Tinsdale & the Motor Insurers Bureau [2018] EWHC 2376 (QB)

In Lewis -v- Tinsdale & the Motor Insurers Bureau [2018] EWHC 2376 (QB), the Claimant suffered serious injuries when he was walking on private land and hit by an uninsured Nissan Terrano 4 x 4 vehicle. The First Defendant was debarred from defending the claim and judgment was obtained against him. The Court considered whether […]

November 15, 2018 · Editorial Team · Comments Closed
Posted in: Cases

(1) LXA (2) BXL v (1) Cynthia Willcox (As personal representative of the estate of Edward Willcox, Deceased) (2) Cynthia Willcox [2018] EWHC 2256 (QB)

In (1) LXA (2) BXL v (1) Cynthia Willcox (As personal representative of the estate of Edward Willcox, Deceased) (2) Cynthia Willcox[2018] EWHC 2256 (QB), issues of questioning by the court in the absence of a party, s.33 of the Limitation Act 1980 and the valuation of damages in a historical child sexual abuse case […]

November 4, 2018 · Editorial Team · Comments Closed
Posted in: Cases

UK Insurance Limited v Stuart Gentry [2018] EWHC 37 (QB)

The Claimant insurer brought tort of deceit and committal proceedings arising out of an alleged accident in March 2013. The Claimant had settled the pre-accident value of the Defendant’s vehicle in the sum of £14,000 and the Defendant had brought further claims for PI and hire of a replacement vehicle. These damages were assessed in […]

February 28, 2018 · Editorial Team · Comments Closed
Posted in: Cases

London Organising Committee of the Olympic and Paralympic Games v Haydn Sinfield [2018] EWHC 51 (QB)

LOCOG appealed against a finding of a Recorder that a Claimant was not fundamentally dishonest for the purposes of section 57 Criminal Justice and Courts Act 2015. The Claimant brought a claim for personal injuries caused whilst he was volunteering at the Olympic Games. The Recorder found that the Claimant had been dishonest in fabricating […]

February 15, 2018 · Editorial Team · Comments Closed
Posted in: Cases

CN and another (through their Litigation Friend the Official Solicitor) v Poole Borough Council [2017] EWCA Civ 2185 (unreported)

The claimants and their mother were placed in local authority housing. The first claimant suffered from severe physical and learning difficulties, and was a child ‘in need’ for the purposes of s.17 of the Children Act 1989. The second claimant was also a child. The defendant was allegedly aware of a family housed in nearby […]

January 28, 2018 · Editorial Team · Comments Closed
Posted in: Cases

Ivor Cook v Swansea City Council [2017] EWCA Civ 2142, [2017] All ER (D) 110 (Dec)

The claimant brought an action against the local authority on the basis that it had breached its duty under the Occupiers’ Liability Act 1957 (‘OLA’) in failing to grit a car park which it owned and operated. The claimant had slipped on ice in the car park, causing him to fall and sustain injuries. The […]

January 15, 2018 · Editorial Team · Comments Closed
Posted in: Cases

Advantage Insurance Ltd v Ewere (16 November 2017, QBD, Slade J)

The Claimant insurance company applied for committal of the Defendant for contempt of court. The Defendant had stated in the original personal injury action that he was in a parked vehicle when it was struck by the Claimant’s insured thereby causing him injury. That was verified with a statement of truth in the Particulars of […]

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

Petroleum Company of Trinidad and Tobago Limited (Appellant) v Ryan and another (Respondents) (Trinidad and Tobago) [2017] UKPC 30

The respondent Claimants were diagnosed with pulmonary fibrosis and reactive airways disease respectively, which they attributed to emissions of hydrocarbon gases from land under the Appellant’s control. They sought compensation for their conditions by bringing actions in nuisance and negligence against the Defendant. The Defendant had accepted that there had been oil leaks, and had […]

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