Archive for the ‘Cases’ Category

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

Armes v Nottinghamshire County Council [2017] UKSC 60

The Claimant had been in the care of the Defendant council between the ages of 7 and 18. During that time she had been placed with two sets of foster parents. She was physically and emotionally abused during her first placement, and sexually abused during her second. In both instances the abuse took place within […]

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

Thomas v Hugh James Ford Simey Solicitors [2017] EWCA Civ 1303

Mr Thomas brought a professional negligence claim against his previous solicitors for allegedly settling his claim in respect of Vibration White Finger for an under-value. He argued that he had not received proper advice in respect of special damages (in particular in respect of gratuitous care and assistance received) and so had accepted an offer […]

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

Darrell Baker (A Protected Party by his Litigation Friend Kerry Baker) v British Gas Services and J&L Electrics (Lye) Limited [2017] EWHC 2302 (QB)

The Claimant, an electrician, brought a claim for personal injuries arising out of an electric shock he sustained while repairing a light fitting. As a result of the shock he suffered a cardiac arrest and fell from a height, suffering a severe brain injury. The trial on liability centred on how the defect arose, and […]

October 16, 2017 · Editorial Team · Comments Closed
Posted in: Cases

Woodburn v Thomas – Sen Cts Costs Office (Master McCloud) 11/08/2017

The court provided guidance on drafting bills of costs in details assessments in cases subject to the CPR Part 3 costs budgeting regime. The bill of costs specified costs claimed on a phase-by-phase basis, each phase matching those set out in Precedent H forms. The costs lawyer set out in the CMC phase of the […]

September 25, 2017 · Editorial Team · Comments Closed
Posted in: Cases

Redman v Zurich Insurance PLC and ESJS1 LTD [2017] EWHC 1919 (QB)

The Claimant brought a claim under the Third Parties (Rights Against Insurers) Act 2010 alleging that her husband’s death had been caused by asbestos exposure whilst he was employed by the 2nd Defendant. Her husband had died on 5th November 2013. The Second Defendant was voluntarily wound up on 30th January 2014 and was dissolved […]

August 25, 2017 · Editorial Team · Comments Closed
Posted in: Cases

PT Civil Engineering v Davies [2017] EWHC 1651 (QB)

The appellant (P) appealed against a judgment given for the respondent (D) in his claim for damages for personal injury. D had been working as a self-employed worker, driving a van owned by P. A fire erupted in the vehicle, compelling D to leap from the burning vehicle, thereby sustaining injury. D alleged that P […]

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

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