Items starting with A

Claim for Hire Charges Tainted by Illegality:Judge Dean QC in Central London County Court rejected a claim for damages in respect of vehicle hire charges on the basis that it was tainted by illegality. The Judge found that the Claimant had deliberately set out to mislead the Court over the fact tha......

Proof - Reparation:- On 4 May 1999 the pursuer sustained injuries as a result of a fall on a flight of stairs as she walked to her car to drive to her night shift. On Record the pursuer averred that several steps on the last flight were loose. She claimed that the loose steps wobbled and moved unde......

Religious Beliefs and Care. The religious beliefs of an individual should not be disregarded in deciding how that person should be cared for in the event of supervening mental incapacity, and the wishes of the family should be taken into account. ......

We welcome again Anis Waiz, solicitor and head of commercial litigation at Curtis Law Solicitors, as he continues his critical review of current case law. Readers may recall this case and will note the case summary 30th January 2012, available here. Whilst this judgment follows on from a num......

We are pleased to welcome Anis Waiz, Partner at Mohindra Maini LLP as he continues his critical review of current case law. In this post, Anis considers AIB Group (UK) Plc v Mark Redler & Co (A Firm) [2012] EWHC 35 (Ch) (23 January 2012):- Introduction This is an important case for all......

A judge had erred in finding that a firm of solicitors had committed a breach of trust in relation to part only of the remortgage advance that was released to the borrower rather than being used to discharge the first legal charge on the property. However the calculation of the equitable compensati......

This case provided one of the first decisions interpreting the Workplace (Health, Safety & Welfare) Regulations 1992. It held that the individual regulations are not mutually exclusive and should be looked at in conjunction with one another. In doing so the court adopted a purposeful interpreta......

Appeal concerning a declaration made under s. 15, Mental Capacity Act 2005 raising the issue of the correct approach to an assessment of whether it is in the best interests of a patient who lacks capacity to receive life-sustaining treatment. Appeal dismissed. Held: The fundamental question is......

The Defendant brought an action against his employer for personal injury suffered when he fell and twisted his back in the course of employment. He made a witness statement which indicated, among other things, that the Defendant could only walk short distances and that he usually had to use two cru......

Where an expert joint statement was made pursuant to CPR r.35.12 and was not privileged, it did not acquire without prejudice status because it was used in mediation. ......

The Court of Appeal held that the reinstitution of a personal injury claim, which had previously been struck out for a failure to serve the claim form and particulars in time, in a second action outside of limitation, was not an abuse of process. ......

Duty of Care: A clinician was under a duty to take reasonable care to give a warning that was adequate in scope, content and presentation and to take reasonable and appropriate steps to satisfy themselves that that warning had been understood. This was not a duty to ensure the patient underst......

Before instructing solicitors, the Claimant issued two sets of proceedings. The first was a libel action based on a letter written in February 1998. The claim form was issued in December 2003. The second was a claim for negligent misstatement based on a letter written on 9 March 1998. He issued th......

In this action the pursuer sought damages from the first defender for injuries which he sustained as a result of a road accident on 30 May 2004. In addition the pursuer sought from the second defender declarator that they were liable to satisfy any decree awarded against the first defender if any d......

Reclaiming Motion:- On 6 May 1997 in the course of his employment with the defenders the pursuer suffered injury whilst working on a barge in assistance of two divers. An action was raised in May 2000 and, following a proof in 2003, on 18 February 2004 the Lord Ordinary assoilzied the defenders. ......

Third Party Costs Order. A judge was right to make a third party costs order against a director of a company that had had a claim for unpaid fees dismissed and had judgment made against it on a counterclaim, in circumstances where the identity of the director and the company and the interests of......

Costs ruling in a successful claim for damages pursuant to s. 47A, Competition Act 1998 (inserted by s. 18, Enterprise Act 2002) and an unsuccessful claim for exemplary damages. Held: A party is not required to succeed on every point at issue before a claim can be regarded as a success (HLB Kids......

Rape a Significant Injury for Limitation Purposes:It was held that, in considering the date of knowledge for the purposes of section 14 of the Limitation Act 1980, the injury in question refers to an injury the claimant knew about at the material time. The injury suffered by the Claimant who had be......

Human Rights: The ignoring of a person's expressed concerns as to the manner in which the Crown Prosecution Service had carried out a prosecution could arguably amount to treatment of that person within the meaning of the Race Relations Act 1976, even if those concerns related to the taking of dec......

On 27 March 2003, at around 0625 hours, the pursuer left his job as a site supervisor with Reliance Security Services Limited to go home. The pursuer fell and injured his right ankle - he claimed that he tripped over a manhole cover. Here the pursuer claimed damages from the defenders for the fall.......

Medical negligence: Proof: Quantum agreed. The puruser presented at his general practitioner with neck and upper arm pain. He also complained of other pain such as paraesthesia in his left hand. The pursuer thereafter underwent 4 operations. The first two operations consisted of a micro forminotomy......

Applicability of s.2 of the Occupiers' Liability Act 1957 - a landlord does owe a duty to his tenant. N.B - the decision may conflict with Drysdale v Hedges available here The Claimant brought an action against her landlord and the builder engaged by her landlord. The Claimant suffered injur......

Application by a defendant to revoke a direction that an assessment of costs proceed upon the basis that it was reasonable for insurers to be separately represented in a road traffic claim, on the ground that the information giving rise to the direction was inaccurate and did not properly reflect t......

A Motorist That Broke Sharply For No Good Reason 40% Responsible For Rear-End Collision That Ensued:-The Court of Appeal held that the trial judge had erred in dismissing the claimant's personal injury claim on grounds that the although the defendant had been driving too close behind the claimant's......

Jury Awards/Judicial Awards/Negligence/Contributory Negligence/Damages/Section 1(4), Damages (Scotland) Act 1976The pursuers sought damages for the death of a family member caused by a road accident. They claimed that the defender's actions leading to the accident amounted to negligence. However, i......