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Personal Injury

accident-claims-law-personal-injury-ukPersonal Injury claims cases and accident claims law advice for a range of different claims. These include road traffic accident claims, medical negligence cases and accidents at work case studies, including legal advice about personal injury compensation and levels of damages in accident claims in the UK.

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Accident Claims Laws & Personal Injury Law Cases in the UK

Eric Glennie v University Court of the University of Aberdeen, [2013] CSOH 71, 10 May 2013

Proof: Occupiers Liability (Scotland) Act 1960: slip on tennis court. The pursuer brought an action for damages for injuries sustained when he fell on astroturf tennis courts owned and occupied by the defenders. The pursuer claimed that there was green moss on the surface of the court and on the vi......

ERIC WALLACE, as Curator ad Litem to RONALD PATE v (FIRST) STEWART HOMES (SCOTLAND) LIMITED, and (SECOND) GERALD O'CONNOR [2013] CSOH 30

The pursuer, as curator ad litem for Ronald Pate, sought damages on behalf of Mr Pate who suffered injuries when he fell from a roof which he had been tiling in the course of his employment. Quantum had been agreed and the case proceeded on the question of liability and contributory negligence. Mr ......

Event Management Company In Breach Of Duty To A Visitor To Santa's Grotto: Dufosse v. Melbry Events Ltd, CA, 14/12/11

The Court allowed the Appellant's appeal against the dismissal of her claim for damages for a leg injury sustained as a result of tripping and falling over a plastic icicle christmas tree bauble during a visit to Santa's grotto. The Court of Appeal approached the issue of whether the Respondent eve......

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......

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 ......

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. ......

FBTO Schadeverzekeringen NV ?v- Jack Odenbreit Case: C463/06

Preliminary Ruling of the ECJ (Second Chamber) Dated 13th of December 2007 On the 28th of December 2000 Mr Odenbreit, domiciled in Germany, was involved in a road traffic accident in the Netherlands. The negligent driver was insured by FBTO. Mr Odenbreit brought an action against the insurer......

Fiona Brown v East Lothian Council [2013] CSOH 62, 26 April 2013

Procedure Roll: Relevancy and specification of an action for damages for personal injuries sustained when a self-employed fitness instructer fell whilst taking a fitness class. The pursuer averred that she ordinaraly used a gymnasium to take her class. On the occasion, the usual gymnasium was booke......

Fiona Smith v. Madeline Hughes & Home Concern (Scotland) Limited [2007] CSOH 199

Reparation - Motion for Issues:- In this action the pursuer sought damages as reparation for personal injury she sustained in a road traffic accident on 30 July 2004. Liability was admitted by the defenders and the only issue was the quantification of damages. Here the pursuer enrolled a motion t......

Flora v Wakom (Heathrow) Ltd [2006] EWCA Civ 1103 (28 July 2006)

The power under the Damages Act 1996 s.2(9) to depart from the default position under s.2(8) of making a periodical payments order subject to the retail prices index could be exercised as the court considered appropriate and fair in all the circumstances, without the need to find exceptional circum......

Flowers v Mallett [2007] EWHC B14 (QB) (30 November 2007)

A dermatologist was not liable for the death of a patient who had been referred for facial lesions and had subsequently dies as a result of a mole on the back of his neck metastasing to other parts of his body. Although the dermatologist had examined the neck and saw the mole its appearance was ben......

Floyd v Redcar & Cleveland Borough Council [2009] EWCA Civ 1137 (05 August 2009)

Footpath Had Been Adopted by Highway Authority:The Court of Appeal held that notwithstanding that a distinctive footpath had never been constructed, the relevant paved area (upon which the Claimant had tripped) had nevertheless been adopted by the Defendant pursuant to an agreement under s.38 of th......

Folks v Faizey [2006] EWCA Civ 381 (06 April 2006)

Appointment of Litigation Friend. A judge had erred in requiring the trial of a preliminary issue as to whether the facts justified the appointment of a litigation friend for the appellant, as the application to appoint a litigation friend was a bona fide one supported by the evidence. ......

Football Dataco Ltd & Ors v Smoot Enterprises Ltd & Anor (Rev 1) [2011] EWHC 973 (Ch) 14/04/2011

Default judgment was not, in any circumstances, a judgment on the merits. The provisions in r. 12.4(2) and r. 12.10 requiring a Part 23 application were triggered not by anything connected to the legal foundation for the cause of action but by aspects either of the relief sought or of the manner in......

Frank William Fletcher as Guardian of Lisa Smart v Christopher Lunan [2008] CSOH 55

Personal Injury: Contravention of Section 2 of the Road Traffic Act 1998: Miss Smart suffered a serious head injury as a result of being hit by a car driven by the defender. Prior to the proof the defenders admitted liability and the parties agreed that the degree of contributory negligence would b......

Freeman v Lockett [2006] EWHC 102 (QB) (07 February 2006)

No deduction from assessed damages to reflect possible future local authority care and direct payments. It was unnecessary and in any event impossible for the court to undertake the exercise of estimating what a claimant in a personal injury action might receive from a local authority by way of fi......

French & Ors v Chief Constable of Sussex, CA (Civ Div) 28/3/2006

Claims struck out as bound to fail on grounds of causation and remoteness:Claims by police officers for psychiatric injuries allegedly suffered as a result of a fatal shooting, which they had not witnessed, and which had led to criminal and disciplinary proceedings against them that had led to stre......

French v Strathclyde Fire Board and Dempsie v Strathclyde Fire Board [2013] CSOH 3 - 9th January 2013

Joined actions arising from the same incident in which the pursuers, firefighter French and trainee firefighter Dempsie, claimed damages against their employers, the Strathclyde Fire Board, on the basis of breaches of a common law duty of care, the Personal Protective Equipment at Work Regulations ......

Garcia v East Lancashire Hospitals NHS Trust [2006] EWHC 2062 (QB) (11 August 2006)

On the balance of probabilities, the cause of the injuries sustained by the claimant at her birth was a stroke rather than hypoxia. The stroke had occurred before the time when the NHS trust ought to have induced delivery and therefore causation could not be established. ......

GARNER v WALSALL HOSPITALS NHS TRUST [2004] EWCA Civ 672 CA (Latham LJ, Eady J) 26/2/2004

The Defendant appealed against a finding that it had been responsible for a slipping accident caused to the Claimant. It was argued on behalf of the Defendant that the substance which had allegedly caused the Claimant to slip could only have accumulated over a period of time and would have therefor......

Gatfield v Whitbread Plc, High Ct, 9/8/2006

A claimant who began to suffer from epilepsy six weeks after an accident at work in which he was hit on the head had failed to establish that it had been caused by the accident because the evidence did not show that he had suffered a brain injury that would have increased his risk of suffering fro......

Gavin Slessor v. Vetco Gray UK Limited & Others [2007] CSOH 130

This case related to an accident on 13 May 2003 when a heavy control module fell from a crane and struck the pursuer, whilst in the course of his employment, causing serious injury to him. On 23 March 2007 the court granted a motion for summary decree and found the defenders liable to make reparati......

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