It was held that a committal application alleging a false statement of truth was alleging a public as opposed to a private wrong and that there should be rigorous control of the conduct of such proceedings brought in the public interest. If the application were to be granted there was a high likelihood that there would be a further adjournment of the trial. It was not right that proceedings in the public interest should be conducted in such a way as to produce material at the last minute where a ...
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No error in judge's decision to refuse to admit new expert evidence where there had already been a joint experts' report:The Court accepted that a DJ had been correct in refusing the C permission to rely on a new expert report on the eve of trial and where a joint expert report had already been prepared and the C's expert had appeared to change his opinion in favour of the D. It was held that in the context of trial management it was good if an expert changed his opinion sooner rather than later ...
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The Claimant claimed damages for sexual abuse suffered while he was resident at one of the Defendant's (D) children' homes in the 1950s. The abuse was perpetrated by the son of the houseparents (B). The Claimant issued against B himself and against D. The question was whether D was vicariously liable for the actions of B when they had employed B's parents as houseparents and not B himself.EL submitted that B had had responsibilities within the home; that he had been left in charge when his paren ...
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A late application to adduce expert evidence was granted as it would at least arguably assist the Court
It was held that the necessity of expert evidence in the instant case could not be determined without seeing an expert report. However, the expert's evidence would at least arguably assist the court and the necessity of that evidence would have to be determined at a later time. In the context of a case that had as much as £100 million at issue, the prospect of the parties incurring £1 million in expenses relating to the expert evidence was an insufficient reason not to allow the evidence to be a ...
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The court commented on the factors for assessing the damages to be awarded for pain, suffering and loss of amenity for mesothelioma, and on the lower level figure for awards in the Judicial Studies Board Guidelines 10th Edition.The Court held that the assessment of damages in mesothelioma cases was far more complex than the emphasis in the JSB Guidelines on "duration of symptoms" would suggest. Factors to be taken into account were the extent and effects of the invasive investigations that a cla ...
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An application to bring contempt proceedings against 7 individuals who it was claimed had given false information about car hire rates was granted.The evidence against the respondents was ostensibly strong. There appeared to be a basis for saying that the respondents in their individual cases had the knowledge that there was a false picture being presented to the court. The problem was certainly significant, there being a large raft of cases. It would not be trivial if the matter were proved. Th ...
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Where Counsel was concerned that evidence was being adduced that was a departure from a pleaded case, it was incumbent upon him to invite the trial judge to rule on that objection and insist on the ruling. It was therefore too late to raise the point on appeal.The appellant employee appealed against a decision dismissing her personal injury claim arising out of the alleged negligence of the respondent employer. It was apparent that the approach of counsel for the employee at trial was insufficie ...
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Assessment Of Damages For Pain, Suffering And Loss of Amenity For Mesothelioma:-Swift J was required to assess damages for pain, suffering and loss of amenity in respect of the 92 year old Claimant who had contracted mesothelioma following exposure to asbestos dust during the course of his former employment with the defendant. Swift J was required to consider the fact that the 10th Edition of the Judicial Studies Board Guidelines provided for a lower level award of £35,000.00 in respect of mesot ...
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6 Week Prison Sentences For Respondents Who Had Admitted Bringing A Fraudulent Personal Injury Claim:Sir John Thomas (President) and Silber J granted the Applicant insurance company's application for the committal of the Respondents for contempt of court. The Respondents had admitted bringing and supporting a fraudulent claim for personal injury within a contrived road traffic accident. Two of the Respondents were sentenced to 6-weeks' imprisonment. This sentence reflected a significant reductio ...
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Court Of Appeal Consideration Of The Voluntary Assumption Of Risk Defence Pursuant To Section 5(2) Of The Animals Act 1971The Court of Appeal dismissed the Appellant's appeal against the decision that the Respondent was not strictly liable for the injuries she sustained whilst she was riding a horse which had reared up and thrown her to the ground. The Court below had found that the Appellant had voluntarily assumed the risk that the horse would rear and buck if it was alarmed or startled and th ...
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