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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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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CBUK was engaged by Multiplex to design, fabricate and erect the steelwork for the new Wembley Stadium. In August 2004 CBUK repudiated its contract (that issue having been determined as a preliminery issue in a previous trial). In this case Multiplex sought to recover the losses that it had incurred following the repduiation, which included the cost of employing an alternative contractor, and also losses incurred period of delay to the project. Jackson J concluded that Multiplex has not sufficie ...
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In its first fine imposed on a mortgage lender since it started regulating home loans in 2004, the FSA has fined GE Money Home Lending £1.12 million for overcharging sub-prime borrowers. It was found that GE had withheld part of the sum advanced beyond the retention period in the loan contract and on some occasions never advanced it to the customer. The sums overcharged amounted to £2.3 million since regulation and £7.04 million from before regulation.
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Charges were laid against a father and son in respect of 17 counts of alleged insider dealing contrary to the section 52 of the Criminal Justice Act 1993 in respect of the propoesd takeovers of Neutec Pharma Plc and Birse Group Plc and favourable developments in respect of Gulf Keystone Petroleum Limited. The case is to be tried on indictment in the Crown Court.
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Whether an oral hearing should be granted in determining a prisoner's re-categorisation was dependent upon what procedural fairness demanded. A decision of the Director for High Security Prisons that a prisoner should not be downgraded from Category A was quashed where procedural fairness required that the prisoner ought to have been granted an oral hearing.
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Courts Should Not Apply a Double Discount for Mortality in Shortened Life Cases: For the purposes of calculating damages, the Claimant’s life expectancy was reduced by five years on the basis of the medical evidence. Judge Collender QC held that where a judge had not determined the Claimant’s overall expectation of life, but rather had only decided by how much his pre-morbid statistical life expectancy had been shortened, it was appropriate to use table 1 of the Ogden tables rather than table 28 ...
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