PSLA Assessed in Case Where Claimant Sustained Brain Damage Shortly After Birth: Penry-Davey J. assessed damages in a case where the Claimant had sustained permanent brain damage shortly after her birth as a result of the Defendant’s admitted clinical negligence. It was held that the Claimant’s loss of amenity was at the very top end of the scale in terms of her loss of ability, amenity and enjoyment of her life. Although she had no insight into her condition, her life expectancy was very long a ...
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Criminal Appeal:- On 16 April 2004 at the High Court in Edinburgh the appellant was convicted of a charge of murder, a charge of attempting to defeat the ends of justice by disposing of the body and a charge of fraud by claiming the deceased's income support. The appellant was sentenced to life imprisonment, with a punishment part of 15 years in respect of the murder, imprisonment for 5 years in respect of the attempt to defeat the ends of justice and in respect of the fraud to imprisonment for ...
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Criminal Appeal:- On 13 December 2001after trial at the High Court at Glasgow the appellant was convicted of assault to severe injury, permanent impairment and to the danger of life and attempted murder. The appellant was sentenced to eight years imprisonment. Albeit he did not appeal against his conviction and sentence the appellant subsequently made an application to the Scottish Criminal Cases Review Commission which referred his case to the appeal court. The only ground of appeal argued rela ...
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Fixed Term Regulations The Secretary of State for Children Schools and Families who employs teachers only in the European Schools may not claim as objective justification for imposing a 9 year fixed term rule on his employees, the existence of the rule in Staff Regulations adopted by the European Schools pursuant to a 1994 Statute.
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The FSA has fined a mortgage broker, Stephen Jones, £100,000 and also banned him after finding that he had exposed approximately1,500 customers to the risk of receiving unsuitable advice and the possibility of losing money. The FSA announced that “...Mr Jones's fraudulent mortgage application and his dishonesty in attempting to cover up regulatory failings were completely unacceptable warranting a ban and a large financial penalty.”
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The FSA imposed financial penalties of £150,000 each on two directors of Lifestyle Finance Limited for failing to make sure that their business had the appropriate compliance and sales procedures in place in relation to suitable mortgage advice to customers. However, given that Mr Millington was made bankrupt in October 2007 and Mr Worthington was made bankrupt in December 2007, they have agreed with the FSA not to apply for positions with controlled functions involving significant management i ...
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Unilateral mistake: The Claimant/Seller (S) chartered a vessel to carry cargo from Norway to Mexico for delivery to the Defendant/Buyer (L). S received a demurrage claim from the vessel’s owners and in turn calculated a demurrage claim which it sent to L. S made a mistake in its calculations with the result that it claimed a lower amount from L than it intended to. L noticed the mistake but did not tell S. S and L reached an agreement on the demurrage claim based on these erroneous calculations. ...
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In 1994 the claimant’s wife was treated with radiotherapy in respect of a rare form of tongue cancer. Over the following years the claimant’s wife was examined and until 2001 all the biopsies were reported as being clear. In 2001 a diagnosis of spindle-cell carcinoma was made. The hospital trust should have identified this on examination in December 1996 when the biopsies were performed and had it done so salvage surgery would have been performed and the claimant’s wife survived. The claimant wa ...
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Court of Appeal’s decision in Carver was of General Application: Jackson J. held that the Court of Appeal’s decision in Carver v. BAA Plc was of general application in relation to how a court ought to approach the issue of costs in circumstances where one party had made an offer that was nearly but not quite sufficient and the other party had rejected that offer outright without any attempt to negotiate. The present case was a complicated commercial dispute in which each party had been advancing ...
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The failure by the hospital to not obtain properly the Claimant’s consent to an invasive angiogram by not discussing the alternative imaging methods and their respective comparative risks allowed the Claimant to recover despite the actual performance of the angiogram not being negligent.
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