Hill v Ministry of Justice [2022] EWHC 370 (QB)

The case concerned an appeal against the order of Recorder Bright QC dismissing a claim for personal injury suffered by Mr Hill (“the appellant”) in the course of his duties as a probationary prison officer. The appellant was instructed to escort two young offenders when one of the prisoners (“DB”) assaulted him, causing the appellant to sustain a spinal injury.

The recorder found that whilst DB was a “volatile, impulsive, manipulative and troubled young man who could be violent and fell into the worst 25% of prisoners in terms of conduct”, he was not a very dangerous prisoner and it was not necessary to automatically deem him as high risk whenever he left his cell. Further, DB did not pose any specific, imminent or foreseeable risk to staff beyond that routinely faced by prison officers.

The appellant submitted that the recorder had erred by (i) having regard the actual circumstances of the assault in assessing whether some injury was foreseeable; (ii) applying an incorrect and unduly onerous test of immediacy of harm in assessing whether any injury to the appellant was foreseeable; and (iii) failing to find that the respondent should have taken certain precautions.

Dismissing the appeal, Cotter J held that the judge had been entitled to dismiss the claim. The court confirmed:

There is a duty on an employer to take reasonable care to protect his employees against a reasonably foreseeable risk of injury in the workplace. Reasonable foreseeability of injury is not a fixed point on the scale of probability. The test is objective, but takes account of all relevant circumstances, including characteristics of the defendant in determining what is foreseeable. It is not necessary that the precise manner in which an accident happens should be foreseeable, so long as an accident of that general kind can be foreseen.”

The common law principles applicable to inherently dangerous occupations were the same as those applicable in any other type of occupation. However, for prison officers, the risks in question could not be wholly eradicated save by measures which would be impracticable, unacceptable, unlawful or too costly to be met by public funding. Escorting inmates to their cells was a routine task which carried a baseline risk of violence. The recorder had been entitled to find that there was no risk sufficiently above the baseline risk posed by many young offenders to require additional measures.

June 23, 2022 · Editorial Team · Comments Closed
Posted in: Cases

6 Reasons Why You Should Buy A Garden House

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Are you looking to spruce up your garden and get it ready for the warmer summer months? These days, wooden garden houses are extremely popular and are the perfect addition to any lawn.

Also known as a summer house, a garden home is idyllic for entertaining family and friends, a meeting, or as your hobby room. It can also serve as a tool shed, a peaceful home office, or a lovely outdoor kitchen.

The top reasons to buy a wooden garden house are:

  1. Energy Efficient and Environmentally friendly

Garden houses, especially those made of sustainable wood material, are energy-efficient and environmentally friendly. These tiny spaces are often surrounded by trees and shrubs, which keeps them cool in the summer months. So, you don’t need to turn on air-conditioners or even fans when you’re inside it.

Moreover, we all know that wood is an environmentally friendly material. Unlike other materials used for construction, wood is resourced from natural sources without chemicals or fewer chemicals.

  • Economical, and you can rent it out for extra money.

Are you looking for extra income? Rent out your garden house to earn extra money.

When occupied, you get money, and when it’s not occupied, you can use it for personal use in many different ways. So, all in all, a garden house is economical in every manner.

  • Versatile and really aesthetic-looking.

Unconventionally, modern-day garden houses don’t serve just as storage for garden tools. As mentioned above, these tiny spaces can be used as a hobby room, reading nook, party room, or wellness oasis for you. Moreover, garden houses can become a living space for your guests.

A nicely built garden house adds to the overall curb appeal of your home. The best part is you can redesign them anytime you want, thanks to their ease of rebuilding and significantly reduced cost.

  • Extra space and storage

Over time, objects start accumulating in your household. You use many of them rarely in your daily life, but you don’t want to throw them away. That’s when a garden house becomes a great storage space for these items.

Moreover, you can use your garden home as a storage space for garden tools, children’s toys, and other stuff, protected against the bad weather and even theft.

  • It can be transformed into an office.

Just imagine working in an office surrounded by greenery? Sounds cool, no? On top of that, using your garden home as your home office can be good for your mental and physical health.

  • It can be used in all seasons if properly insulated.

Proper insulation can make your garden home suitable for all seasons. For example, with the installation of a fireplace stove, you can spend quality cozy hours with your family in winter. It can be a great retreat in your garden, suitable for use all year round for a long duration.

Wrapping Up

You can use your garden house in any desired way you want. It’s really wonderful addition to your space.

October 28, 2021 · Editorial Team · Comments Closed
Posted in: News

Top 4 Essential Tips to Have a Great First day at Work

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Suppose tomorrow is your first day at work in Canada. We hope that you are familiar with the terms and conditions of your new employment, along with your legal rights surrounding termination without cause and so on. Remind yourself that first impressions matter, and since it will be the first day at your new work, you want to play all cards right.

Typically, on the first day, you will learn about your co-workers, the work schedule, workflow, workspace environment and get familiar with various other things. Meanwhile, your co-workers will meet you for the first time as well, and the foundation of all your future assessments will be set on your first day at work.

Instead of freaking out and losing a night of sleep in anticipation of your first day at the new workplace, we recommend going through the following essential tips to transform your first day into a massive success. Read on to learn more!

Dress up But Don’t Overdress

You might have heard the term of dress to impress. Undoubtedly, your first impression will linger in the mind of your co-workers, your employer, and whoever else you encounter on the office premises on your first day. That said, you might consider wearing a dress shirt and matching trousers. Don’t forget to put on clean shoes and a fresh pair of socks. Good hygiene and a fresh appearance are essential for good first-time impressions.

Plan Your Travel Beforehand

Instead of waking up and wondering how you will commute to your workplace, you will have to plan it a couple of days ahead. You ought to practice the route a couple of days before your joining date so that you can estimate the commute time and which route will prove the best. We recommend that you reach your office at least ten minutes earlier than the start of your shift. You don’t necessarily have to enter the office building, just go to a nearby restaurant, have some coffee and keep your thoughts positive.

Show Genuine Interest

On your first day at work, you need to show genuine interest in your duties and responsibilities. That said, we encourage asking loads of questions so that you don’t make any blunders on your first day at work. Your first impressions aren’t confined to your looks alone but include your work as well.

Before signing the employment contract, make sure to read all the terms and conditions and understand everything carefully before you agree to anything. Make a copy of the contract and other paperwork so that you can refer to it anytime later, in case the need arises.

Be Polite & Friendly

Smile, be happy, and positive on your first day at work. Remember all the hard work that you went through to get to this position. You passed the interviews before getting finalized for the position. During breaks, get to know your co-workers better by interacting with them. Don’t shy away from making friends at the workplace. It is also recommended to understand the power hierarchy at the workplace so that you know with whom to interact and who to befriend, which is essential to growing in your career.

March 19, 2021 · Editorial Team · Comments Closed
Posted in: News

Important Estate Planning Tips For The Canadians

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Estate planning is an essential aspect of life that most people ignore. People don’t like the idea of dying and don’t want to think about what will happen after they die. But, if you truly love your family and their well-being even after your death, you have to ensure that you have proper estate planning in your blessed time on earth. Do you want to know more details? Keep reading!

Estate Planning

In the simplest terms, Estate planning includes various legal documents and settlements for your family when you die. Estate planning includes deciding who will take care of minors or who will inherit your assets or control your money if you get severely ill. Learning about it is essential for you!

Consider The Complexities

Do you have more than one marriage and have many kids? Are you a rich person and have more belongings than an average person? If you have more family members and own multiple assets, remember that your estate plan will be complicated as well. And who will take care of your pets when you can’t take care of them anymore? What about your business? One thing that can help you manage your estate plan is listing all of your assets and belongings. Ensure that you have a proper estate plan, so your estate is in the right hands if you fall ill or leave this world for good.

Those Who Depend On You

Considering your age and your marital status, you may have different needs. You should plan who will manage your assets and take care of your parents if you are not around your parents. Deciding who will look after your kids who depend on you is another great responsibility. Therefore, considering the people you can rely on and what assets you can use is essential in your life. However, if you are elderly or have no kids, the best decision is to leave your money and assets for a charity.

Your Goals

Everyone has different life goals, and you have to consider yours before deciding on an estate plan for yourself. Do you want to maintain your assets to help others when you die? Is looking after your family and ensuring the quality of their lifestyle is your ultimate goal? Have you committed your life to a specific partner and want to give everything of yours to that partner when you leave this world? Or do you have any other goals? Take your time to think about what’s vital for you and act accordingly.

Who You Trust The Most

Think about the person you can entrust all your belongings if you no longer can take care of yourself. And who to trust your belongings with after you die? You have to reconsider all the people in your life so you can choose the one you trust the most.


Whether you like the idea of preplanning or not, consider that making these tough choices can save your loved ones from problems in the future. Think about trusting your documents to trusted lawyers. Stay attentive and happy living!

February 22, 2021 · Editorial Team · Comments Closed
Posted in: News

Why Must You Hire Business Litigation Attorneys For Your Nursing Home?

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There is a growing rise in litigations against nursing home malpractices and negligence across the US. They are not new practices, but people have become aware and seek legal options to receive compensation.

Indirectly, these endeavors influence medical reforms and encourage policymakers and nursing home sectors to change old medical malpractices and redefined policies. If you are facing a legal trial, take the help and support of business litigation attorneys who can assist you with standard options.

In fair situations, having a legal counselor from the start of setting up your business is good.

How to decide if your case requires business litigation?

To a layperson, litigation may sound the best resort or may appear very scary. A business law attorney will help you decide if you have to go with litigation or not. Your attorney can analyze the odds and help you understand the cost you will suffer and the benefits you may have.

Top reasons to hire a lawyer

An attorney will protect your interests.

Commercial litigation lawyers take care of you and your business interests. It is their job to safeguard you and your business. They will offer the best advice in favor of your business. With that, you can make the right decision.

An attorney will provide continuous counseling.

With a litigation attorney by your side, you will get continuous guidance. They will give you the best kind of advice to help you. With your best interest in focus, you can confidently carry your nursing home operational activities. You have a lawyer to help prevent you from entering any dispute or bring you out of one.

They also give investment advice which will help you get the most interest.

A lawyer will help you to avoid problems.

An experienced lawyer can see problems that you may not notice or are unaware of, which helps you avoid bad situations. Instead of waiting for any legal trouble to emerge, it is wise to avoid it altogether. As a business person, you must be aware of standard scenarios that can cause difficulty and find ways to prevent them.

Your attorney will be your business guide.

A business litigation expert will be able to guide you. It is advantageous to hire one and take benefit of their experiences.

They are well versed in every aspect of law and can educate you on the same. Once you are aware of your fundamental rights, you can save yourself from troubles in the future.

A lawyer will show another perspective.

A good litigation lawyer can resolve any business dispute with different options that can strengthen your litigation case. Hiring an attorney means you have gained a chance to win your case.

Besides their experience, successful attorneys have a more significant reach and connections with more prominent firms that may help your case. Your financial resource may be limited. In such a situation, resources available in a firm can be your help.

A lawyer will help you do what best suits your business.

The best reason to hire an attorney is to focus on your business aspects as they will take care of the legal part. You have to manage numerous operations, besides concentrating on legal matters.

If a legal issue arises, you can easily handle the task with your litigation expert while you manage dozens of other works related to your business.

Hire an attorney to receive the benefits

Business litigation attorneys are well informed about various law aspects and know-how to work in the legal route.

We are never prepared for an unfortunate situation, but consult a legal expert at the earliest if you land up in the wrong things.

Find a good and reputed lawyer in your locality and seek assistance without any delay.

January 26, 2021 · Editorial Team · Comments Closed
Posted in: News

5 Reasons To Hire A Commercial Litigation Attorney For A Nursing Home Lawsuit

Consideration was given for the editing and publication of this post.

There is a rise in litigations against medical negligence and malpractices in the current times across the USA. That doesn’t mean the practices are new, but now people seek legal options to get compensated.

Indirectly these litigations are making way towards medical practice reforms. This encourages the nursing home industry and policymakers to change the old medical malpractice tort reforms to this sector. If you are facing nursing home litigation, it is wise to take the assistance of commercial litigation attorneys if your nursing home comes under commercial zones or is run as a commercial establishment.

This article tells you why you must save your time and other overloads and hire an attorney instead. The legal landscape is vast, and you are not supposed to know everything. Also, there are specifications, and an expert can only help in distinct ways. Legal reforms keep happening, and it is not easy for you to remain updated always. A skilled and expert litigation lawyer can truly help you mitigate the time and situation.

Reasons why to hire a commercial litigation lawyer for your nursing home:

There are several reasons to hire a good lawyer with relevant experience, here we state 4 main points that will convince you.

  1. Get the legal processes done right when it is your first time: When you face litigation either by a party or a person or you have to sue any entity for commercial reasons, then you don’t have to take a step back as you haven’t hired a lawyer from the start. It is advisable to get legal assistance sooner in the loop and get every kind of help on time.
  • Seeking legal options saves your time: A lawyer can help you carry out the process effectively and smoothly. The old cliché says that time is money, and certainly, you won’t like to let go of time on unnecessary worries and wondering how to face legal troubles.
  • To be prepared is always a better choice: This may appear feasible that a commercial dispute can be settled outside of court, and it is wise not to count on this. With an attorney from the start helping and supporting you for a trial, it will give you a sense of relief to know that you are prepared if situations land you there.
  • Your lawyer can evaluate the opponent party: If litigation is brought against your nursing home, a defense counsel will make every effort to know about the plaintiff’s lawyer. He or she would like to know if the lawyer has prosecuted under what specific section of the law and would try to gather the information that may help you.

Your lawyer will take care of all legal matters and do the paperwork, and you don’t have to worry about the same. Writing in legal language is not easy, and your lawyer will know how to frame the words and place your case before the court.

  • Focus on your work instead of legal problems: When you hire a lawyer, you don’t have to look for ways to resolve the legal problems. Instead, you can look after your work and other matters and plan out how to further your progress, while your attorney can look into the legal processes and paperwork and documentation.

Hire an experienced attorney before it is too late

Nobody is prepared for an unfortunate situation, but if things work wrong, it is suggested to discuss it with a legal expert at the earliest.

Find a good and reputed commercial litigation lawyer in your locality and get legal assistance without any delay.

November 5, 2020 · Editorial Team · Comments Closed
Posted in: News

Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696

The Claimant was injured when she was walking along a path in a park and tripped over an exposed tree root. At first instance it was found that the tree root rendered the path dangerous and defective. This finding was not disputed on appeal. The question before the Court of Appeal was whether she had a valid claim against the Defendant Council, who were the owners and occupiers of the park. Whilst the Claimant’s particulars of claim included allegations of common law negligence, these were not pursued at trial. Her claim could only succeed if she established a cause of action for breach of statutory duty under section 41 of the Highways Act 1980 on the basis that the path was a highway maintainable at public expense.

The park had been constructed as a public park in the early 1930s by the Defendant’s predecessor. The paths were constructed by the Defendant or its predecessor, and predated the Highways Act 1959. The Defendant’s records did not list the park as a public right of way. However, the public had enjoyed unrestricted access to the park. The Defendant’s predecessor had been the highway authority for the area at the time when the park was constructed, although the Defendant denied that it was acting in that capacity when constructing the paths in the parLord Justice Bean considered the law on highway maintenance, and section 36 of the Highways Act 1980 in particular. Section 36(1) provides that highways which were maintainable at public expense under the earlier Highways Act 1959, continue to be so maintainable. A highway can be created by statute, or by dedication and acceptance. Dedication can be express, deemed by the operation of s 31 of the Highways Act 1980, or inferred by common law. To fall within s 36(1), the Claimant had to prove that the path had been dedicated before 16 December 1949. Bean LJ also considered s 36(2)(a), which provides that highways which were constructed by a highway authority are maintainable at public expense.

On first appeal, Waksman J, found that the path had been constructed by a highway authority and saw “no reason of language or logic for an additional ‘capacity’ requirement” as was contended by the Defendant. Contrary to the judgment of Waksman J, Lord Justice Bean found that the path did not constitute a highway maintainable at public expense for the purposes of s 36(2)(a) of the Highways Act. He referred to and agreed with the reasoning and conclusions of Neuberger J in Gulliksen v Pembrokeshire County Council [2002] QB 825, regarding the interpretation of s 36(2)(a): “the notion of ‘a highway constructed by a highway authority’ means ‘a highway constructed as a highway by a highway authority in its capacity as such'”. Bean LJ accepted the Defendant’s contention that its predecessor was not acting in its capacity as the highway authority for the area when it constructed the path. Accordingly, the path did not fall within s 36(2)(a).

Bean LJ proceeded to consider whether the path had been dedicated as a highway before 16 December 1949, and so fell within s 36(1). There was no evidence of express dedication, however there was ample evidence to support the implication or presumption of dedication at common law. The evidence established that the park was opened in the early 1930’s and that the path was laid out soon afterwards. Ever since that time the public had had unrestricted and uninterrupted access to the paths. It was accepted that the common law presumption of dedication was retrospective, as held in the Privy Council decision of Turner v Walsh (1881) 6 HL 636. Thus, the dedication “is deemed to have occurred at the beginning of the period of continuous user, not at the end of it“. Accordingly, the path was deemed to be dedicated since the early to mid-1930s, well before December 1949. The path therefore fell within s 36(1), providing the Claimant with a valid cause of action for breach of statutory duty under s 41 of the Highways Act 1980.

Singh and Macur LJJ agreed.

July 23, 2020 · Editorial Team · Comments Closed
Posted in: News

Gregory v HJ Haynes Ltd [2020] EWHC 911 (Ch)

The Claimant was a roofer employed by the Defendant from 1959 to 1971/2. His case was that during his period of employment he was required to work with asbestos containing materials and was exposed to dust. As a result, he developed pleural thickening which gave rise to a respiratory disability. He was at risk of mesothelioma and asbestosis.

The limitation period started running when the Claimant became aware of his disease in November 2008. He contacted solicitors in March 2009. His solicitors were unable to identify any relevant insurer covering the period of the Claimant’s employment, notwithstanding several checks and enquiries. In November 2013, the details of the Defendant’s insurers were uploaded to the Employer’s Liability Tracing Office database. This was not known to the Claimant or his solicitors at the time, but was later discovered in the course of another client’s claim in September 2014. In March 2015, the Claimant’s solicitors sent a letter of claim to the Defendant’s insurers. The Defendant company was also restored to the register for the purposes of other litigation. The Defendant acknowledged receipt in April 2015 and requested a witness statement. A statement was provided in November 2016. In January 2017, the Claimant also disclosed a medical report. In September 2017, the Claimant’s claim was issued.

District Judge Bell, exercising the jurisdiction of a circuit judge, declined to grant the Claimant’s application to extend the limitation period applicable to his personal injury claim, pursuant to section 33 of the Limitation Act 1980. The Claimant appealed, and submitted that the judge wrongly considered the claimant to be culpably responsible for a period of delay during which he did not know, and could not find out, whether the Defendant company, then dissolved, had insurance for the period of his claim.

Mr Justice Mann heard the appeal. He observed that this was an appeal from the exercise of discretion and that “the decision should therefore only be impeached if it betrays an error of principle, takes into account an irrelevant factor or fails to take into account a relevant one“…

Analysing the decision of District Judge Bell, Mr Justice Mann found that it had been an error to hold that the delay between March 2009 and September 2014 had been culpable. There was nothing more that the Claimant could realistically and sensibly have done during this period, given the dissolved and apparently penniless Defendant. Reasonable searches had been made and issuing a claim before restoration of the defendant company would not have been sensible. It was clear that in performing the balancing exercise under section 33, the judge had placed significant weight on the delay between 2009 and 2014 and the Claimant’s culpability in relation to this delay. The judge therefore took into account an irrelevant consideration which had a material effect on his ultimate decision. As a result, his final decision could not stand.

Mr Justice Mann proceeded to consider the Claimant’s application afresh. He observed that the section 33 exercise involved three key elements, namely delay and its reasons, prejudice to the parties and the possibility of a fair trial. There were also separate considerations under section 33(3) to consider. He made the following findings:

• Delay and its reasons:

o Up until 2014, the delay caused was not culpable.

o The period of delay between 2014 and 2017, had been culpable and inexcusable. The letter of claim ought to have been sent sooner and the claim should have been issued long before it was.

• Prejudice:

o The main prejudicial effect was likely to be the loss of evidence over the years, resulting in difficulties for the Defendant to meet the claim. However, it was not appropriate to consider the adverse effect of the total period of delay. The court had to consider the effect on the Defendant’s evidential position, only of the period of culpable delay from 2014 to 2017.

o By 2014, all the real prejudice to the defendant had accrued. The same was likely true for the Claimant’s evidential case.

• Fair trial

o District Judge Bell had found that a fair trial was still possible, and Mr Justice Mann accepted this view.

In his concluding remarks, Mr Justice Mann found that if the Claimant had commenced proceedings in 2014 or the beginning of 2015, the application to extend the limitation period would have been highly likely to succeed. The balance of fairness would have been in his favour as he would have sued at the first reasonable opportunity. Instead the claim was brought in 2017, for no good reason. Whilst the Defendant’s evidential position had probably not worsened during this period of delay, there comes a point at which the Claimant’s own delay will make it unfair to extend the period. This case came close to that point. However, the delay was attributable to the Claimant’s solicitors rather than the Claimant himself, and it was not quite enough to deprive him of the opportunity to pursue his claim.

Accordingly, the Claimant’s appeal was successful.

May 19, 2020 · Editorial Team · Comments Closed
Posted in: Cases

What to do If Your Are injured Due to a Medical Malpractice

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The doctors that swear by giving the best to save a person’s life can sometimes be the sole proprietors that end up hurting you. Even if it an accident on their side, an injury caused by malpractice of a medical practitioner is still an injury that can leave you in a distressed state for life. For which you need to stand up and fight for your rights. Get the reimbursement you’re entitled to and receive better treatment for yourself.

The process of claiming malpractice by a doctor in the USA may be lengthy and challenging, for which hiring a lawyer may be your best bet. You need to gather all your courage and be ready to face any counterattacks by the practitioner by these tips.

The Claims You Can Present to the Court

The process of the court administering the claims by you about your practitioner may be complicated and needs several proofs in order to rule the other party guilty of it. Four things come into placing a claim with the courts. First, you need to present to the authorities that you actually had a relationship with the doctor who was treating you. This can be done through documents you had received by the doctor on your appointments. So be sure to take extra care of them.

Second, you will be asked the most basic question from the court that if the doctor was in fact neglecting or not? To prove this, they will supply you with a professional with the same background as your previous doctor. If it is ruled out, the practice was neglecting you can proceed.

Then comes time for you to prove that the damage you received was caused by the malpractice of the doctor and wasn’t present priorly. Again you’ll have to take help from a practitioner to rule it out.

Lastly, you will need to provide proof that the malpractice caused you to end up with a severe injury that the doctor can be sued for.

Some Requirements for a Case

Bring in your symptoms soon to the court after getting them. It’ll be believable for them and have them start the process earlier. If a case is brought any later than two years, then the court will not be responsible for it. Prepare and bring with you an authority that can defend you in court with their experience. The court will make a panel to rule out your claim for which you need to be ready and present your proof systematically.

When Can You Bring a Doctor to court?

 You have the right to make a claim on a medical practitioner if you have been mistreated. But before you do find out that your claim is reasonable and has the power to be backed by the court. Hire a notable attorney from sites like https://HarrisPersonalInjury.com/san-diego/ and take their help for ruling out which claims apply and which don’t. If you were wrongly diagnosed and ended up getting hurt from that treatment, you have a chance of winning the suit. If you were treated using the wrong tools and implements a procedure wrongly or negligently and if you the doctor, didn’t provide you any feedback on the care of your procedure and the possible side effects, you can sue.

But make sure that the symptoms of the malpractice are one the following:

  • Physical Pain
  • Mental Illness
  • Loss of funds due to repeating of procedure

February 18, 2020 · Editorial Team · Comments Closed
Posted in: News

Newham London Borough Council v Arboleda-Quiceno QBD (Lambert J) 31/07/2019

In 2015, the Claimant injured his knee whilst playing football on an AstroTurf pitch in the local authority’s recreational grounds. He alleged in a pre-action letter that the injury had occurred due to a hole in the AstroTurf, and that the Defendant had breached its duty of care by inadequate inspection and maintenance of the pitches. The Claimant’s injuries included a fractured tibia and ongoing pain. It was stated that the Claimant required an arthroscopy and further investigation. The estimated value was in excess of £50,000. The Defendant’s insurer corresponded with the Claimant, and admitted liability. In 2018, particulars of claim and a schedule of loss were filed, claiming nearly £3 million due to chronic pain, unemployment, ongoing disability and the potential need for future surgery. The local authority applied to withdraw the admission, and denied liability on the basis that the claim was fundamentally dishonest. It was alleged that the Claimant had jumped and landed awkwardly, and that the accident had happened on a different pitch from the one alleged by the Claimant.

The Master considered the application on the papers, and applied the factors set out in CPR PD 14 para 7.2. She found that prejudice to the Claimant and the interests of the administration of justice supported a rejection of the application for withdrawal. She also found that whilst the local authority’s defence of fundamental dishonesty had a realistic prospect of success, the evidence supporting it was weak and contained inconsistencies. Further, she found that the Claimant’s claim had not fundamentally changed since the pre-action letter. It was not different in size or character, notwithstanding the amount claim being increased. On this basis the Master refused the Defendant permission to withdraw the pre-action admission by its insurer. The Defendant appealed.

October 10, 2019 · Editorial Team · Comments Closed
Posted in: Cases