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Categories starting with F

FAI (76)

Fatal Accidents (76)

FAI (76)

Items starting with F

F&C Alternative Investments (Holdings) Ltd & Ors v Barthelemy & Anor [2012] EWCA Civ 843 - 22/06/12

It was not permissible to discount a number of failures to comply with the requirements of Part 36 as matters of mere technicality Rule 36.14 represented a departure from otherwise established costs practice and imposed deliberately swingeing costs sanctions on claimants who failed to beat ......

Fagan v Jeffers [2005] EWCA Civ 380 (09 March 2005)

Where opposing traffic had stopped in order to allow a motorist to turn right, the Court held that the motorist had to proceed with the utmost care and not proceed to cross the carriageway until he had satisfied himself that no traffic was likely to come up on the inside of the opposing traffic. In......

FAI into the Death of Daryl Malcolm Shearer, Sheriff Principal Young, Dingwall Sheriff Court, 14th July 2011

In terms of s.6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 the sheriff found that Daryl Malcolm Shearer (DOB 07.05.89) died while in custody at Dingwall Police Station, Strathpeffer Road, Dingwall, Ross-shire at about 8.15am on 27th October 2008. In terms of s.6......

FAI into the Death of John Aitken, Sheriff Ross, Dumfries Sheriff Court, 16 August 2011

In terms of s.6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, the sheriff found that John Aitken died within ward 14 at Dumfries and Galloway Royal Infirmary (DGRI), Dumfries on 1 April 2009 at 18.00 hours. In terms of s.6(1)(b), the cause of death was (a) Cardio......

FAI into the death of Neil William Cadger

This was an FAI into the death of Mr Cadger which was as a result of a road traffic collision when the small van he was driving was involved in a head on collision with a large goods vehicle. The accident occurred when Mr Cadger pulled out from his carriageway to overtake and collided head on with ......

FAI into the death of Robert Shearer Campbell

This was an FAI into the death of Mr Campbell who died following an accident in the course of his employment with ASCO, when he fell from the steps of a forklift truck landing on his coccyx, falling backwards and striking the back of his head on the ground. He declined to go to hospital but later t......

FAI into the Death of William Charters Brown, Greenock Sheriff Court, 7th May 2010

In terms of s.6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, the sheriff found that William Charters Brown died at The Coronary Care Unit of Inverclyde Royal Hospital, Greenock on 23rd November 2007 at 7.00am. In terms of s.6(1)(b), the cause of death was pulmon......

FAI into the Deaths of Joanne Isabel Mackie or Winsborough and William Anderson, Sheriff McSherry, Dunfermline Sheriff Court, 8th August 2011

Mrs Winsborough In terms of s.6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, the sheriff found that Joanne Isabel Mackie or Winsborough (DOB 07.05.75) died at her home at 29 Elmwood Terrace, Kelty, Fife between the hours of 6.30and and 11am on the 17th April 2......

FAI into the Deaths of Ramilito Capangpangan, Benjamin Rosillo Potot and Rimants Venckus, Sheriff Marysia Lewis, Peterhead Sheriff Court, 23rd August 2011

In terms of s.6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 the sheriff found that Ramilito Capangpangan (DOB 12.12.74) and Benjamin Rosillo Potot (DOB 24.05.75) died within the galley and Rimants Venckus (10.02.58) died within the wheelhouse on board the vessel......

Fairclough Homes Limited (Appellant) v Summers (Respondent) - [2012] UKSC 26 ? 27 June 2012

Personal Injury/Abuse of Process/Fraudulent Claims/Fraudulent Misstatements of Extent of Injuries/Dishonesty/Damages/Part 36 Offers/Civil Procedural Rules (CPR)/CPR 3.4(2)/Judicial Discretion and Jurisdiction to Strike Out a Statement of Claim/Ul-Haq v Shah [2009] EWCA Civ 542/Widlake v BAA ......

Farag v Commissioner of Police of the Metropolis, CA (Civ Div) 15/12/2005

Pre-CPR Settlement Order to be taken into account. An offer to settle made prior to the coming into force of the CPR and withdrawn some time before the trial should still have been taken into account by the judge when considering an order for costs. ......

Farnon v Devonshires Solicitors (QB) 6/12/11

Solicitors retained to advise on the exit from a limited liability partnership that formed part of the client's employer, an investment management group, were not under a duty to give comprehensive advice to her on a potential claim for sexual discrimination when this had only been mentioned as par......

Farraj & Anor v King's Healthcare NHS Trust & Anor [2006] EWHC 1228 (QB) (26 May 2006)

A sufficient relationship of proximity existed to justify the imposition of a duty of care between a family seeking damages for wrongful birth and a third party laboratory that had prepared a sample of tissue for pre-natal DNA analysis on behalf of the defendant NHS trust. ......

Farraj & Anr v King?s Healthcare NHS Trust & Anr (CA) (13 November 2009)

Where a hospital was asked to provide a DNA analysis of foetus tissue it did not owe a non-delegable duty of care to the parents in respect of the testing. The non-delegable duty arguably owed to patients was of a different ilk. Where the independent testing laboratory had an admitted duty of care ......

Farrer & Anr v Wiles [2013] EWCA Civ 1511 - 27/11/13

A judge had not erred in his assessment of the damages to be awarded to the owner of a property following an architect's admitted breaches of duty in failing to recommend that an engineer's report be obtained in respect of known structural defects prior to conversion works being carried out......

Farstad Supply AS v. Enviroco Limited & Asco UK Limited [2008] CSOH 63

Reparation - Procedure Roll:- On 7 July 2002 an oil rig supply vessel belonging to the pursuers was damaged by fire whilst it was berthed in Peterhead. In this action the pursuers sued the defenders for damages claiming that the fire resulted from the negligence of their employees when they remov......

Fatal Accident Enquiry into the Death of Nasrullah Khalid, Sheriff Kenneth Ross, Dumfries Sheriff Court, 9th March 2011

In terms of section 6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, the sheriff found that Nasrullah Khalid died within cell B/17 at H M Prison, Terregles Street, Dumfries on 23 November 2009 between the hours of 3.15pm and 4.55pm. In terms of section 6(1)(b), the......

Fatal Accident Inquiry into the circumstances of Mr John Henry Crosbie [2011] FAI 5

In terms of section 6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, the Sheriff found that Mr John Henry Crosbie died in HMP Barlinnie, 81 Lee Avenue, Glasgow on 17 April 2009. The cause of death was ischaemic heart disease due to coronary artery atheroma. The court ......

Fatal Accident Inquiry into the circumstances of the death of Linda Anne Murdoch or Weir [2011] FAI 2

In terms of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 section 6(1)(a), the Sheriff found that Linda Anne Murdoch or Weir died on 5 April 2010 in a drowning accident at Burnsands burn, Crairieknowe Farm, Thornhill, Dumfrieshill, while engaged in her occupation as a farmer. ......

Fatal Accident Inquiry into the circumstances of the death of Michael Dodds

In his written determination following a Fatal Accident Inquiry into the death of a man in an Intensive Psychiatric Care Unit, the Sheriff set out the purpose of the inquiry, as well as its limitations. He explained that its primary purpose is to air in public the circumstances of the death in orde......

Fatal Accident Inquiry into the circumstances of the death of Mr Alexander Stewart [2010] FAI 52

Having heard evidence and submissions, the Sheriff found that in terms of section 6(1)(a) of the Fatal Accidents and Sudden Death Inquiries (Scotland) Act 1976 that Mr Alexander Stewart, whose date of birth was 2nd November 1937, had died at 13.19 hours on 1st August 2008 within Belford Hospital, F......

Fatal Accident Inquiry into the circumstances of the death of Mr Craig Lochrie [2010] FAI 48

In terms of section 6(1)(a) of the Fatal Accident and Sudden Deaths Inquiry (Scotland) Act 2000, the Sheriff found that Mr Craig Lochrie died Monklands District General Hospital on 9 June 2008 at 1210 hours. The cause of death was (a) crush injuries to chest and abdomen due to (b) an industrial acc......

Fatal Accident Inquiry into the circumstances of the death of Mr Francis Goodwin [2010] FAI 42

Fatal Accident Inquiry:- Having heard evidence and submissions, the Sheriff made a determination under the terms of the Fatal Accidents and Sudden Death Inquiry (Scotland) Act 1976, which contained no recommendations. The Sheriff found that in terms of section 6(1)(a) of the 1976 Act, that Mr Franc......

Fatal Accident Inquiry into the circumstances of the death of Mr Gavin McCabe [2010] FAI 47

In terms of section 6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, the Sheriff found that Mr Gavin McCabe died at 17.20 hours on 21 March 2009, at Ninewells Hospital, Dundee, as a consequence of injuries sustained when a motor vehicle driven by him was involved in a c......

Fatal Accident Inquiry into the circumstances of the death of Mr James McNeill [2010] FAI 50

In terms of section 6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, the Sheriff found that Mr James McNeil (DOB 14th September 1935) died at 08:30 hours on the 22nd of October 2008 at Belhaven Hospital, Dunbar. The cause of death was (i) bronchopneumonia; (ii) pressure......

Fatal Accident Inquiry into the circumstances of the death of Mr Michael Lindley Scott [2010] FAI 49

In terms of section 6(1)(a) of the Fatal Accident and Sudden Deaths Inquiry (Scotland) Act 2000, the Sheriff found that Mr Michael Lindley Scott died on 13 December 2006, following an accident which occurred before or around midday on the same day, at premises known as the Old Mill, York Place, Abe......

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