The applicant appealed against a DJ's decision not to allow him to withdraw an admission he had made that he was indebted to the respondent bank. At first instance the judge had ordered that unless he executed a charge over his flat, judgment would be entered against him for the admitted amount. Th......

On the evidence, the psychiatric injury suffered by an employee had not been reasonably foreseeable to the local authority employer and there had been no justification for imposing a cause of action for breach of statutory duty in respect of the Working Time Regulations 1998 reg.4. ......

The Claimant wished to bring a claim for damage to his hearing suffered in the course of his employment as a gardener. He appealed against the decision of a Circuit Judge not to permit the claim to proceed on the basis that it was outside the limitation period; and the Circuit Judge's refusal t......

The normal rules of CPR r.36.10(5) did not apply when experts were unable to predict the impact of a brain injury until a young child fully matured. The C had been injured in a road traffic accident caused by D when he was six years old causing a severe head injury however the experts were unabl......

Support of Fraudulent Claim Did Not Deprive Claimant of His Own Damages:The Court of Appeal held that there was no support in law for the proposition that a Claimant should be deprived of damages in his own claim purely on the basis that he had supported a fraudulent claim made by another person. I......

Damages for breach of contract and misuse of confidential information. The former directors of the claimant investment companies were in breach of their fiduciary duties and in breach of their obligation of loyalty by virtue of the steps they had taken prior to their resignation to promote the e......

David Wilson, partner at Digby Brown LLP, introduces the early disclosure/ specification aspect of the new Sheriff Court Rules. Download the Act of Sederunt (Ordinary Cause Rules Amendment) (Personal Injuries Actions) 2009 ......

The Highways Act 1980 s.66 did not impose any liability on a highway authority for personal injuries caused by defective barriers, including bollards, on a public highway. Liability for personal injuries caused by such defective barriers arose in negligence. ......

Where a public liability all risks insurance policy contained a condition precedent that the insured provide the insurer with all documentation in relation to any claim, it was implied in that policy that compliance had to be within a reasonable time. There was no absolute principle that the questi......

The Fairchild Causation Test Applies in Single Defendant Cases:The Supreme Court held that in cases of mesothelioma following wrongful exposure to asbestos by a single defendant, the causation test in Fairchild v. Glenhaven Funeral Services Ltd (t/a GH Dovener & Son) [2002] UKHL 22 applied. As ......

Trial Judge Had Relied Fairly Upon Inferences:The Court of Appeal upheld the trial judge's finding of fact as to the behaviour of the Claimant passenger, who was seriously injured as he fell into the gap between a platform and a train, such as to justify a finding of vicarious contributory negligen......

General Damages to increase by 10% for awards made after 01.04.13/Uplift in General Damages The Court of Appeal made a declaration regarding the increase in general damages in tort actions. This increase was due to the forthcoming changes to litigation funding flowing from the Jackson reforms. T......

David Wilson, partner at Digby Brown LLP, introduces the simplified pleadings aspect of the new Sheriff Court Rules. Download the Act of Sederunt (Ordinary Cause Rules Amendment) (Personal Injuries Actions) 2009 ......

The Claimant had been exposed to asbestos following employment with the Defendant and issued on the basis of diffuse pleural thickening. He had first developed chest pains in the mid 1980's and though pleural thickening was noted on some of his x-rays, it was not the suspected cause of his chest pa......

General damages for frustration, loss of self-confidence and loss of self-esteem ......

The judge and the Court of Appeal of the Cayman Islands had been justified in holding that the appellant was solely to blame for a road traffic accident in which his car collided with the respondent's car, and in finding that the physical evidence was not inconsistent with the respondent's version ......

The appellant, Mrs Smith, was employed by the respondents (“the council”) as a driver and carer. As part of her job she was required to collect people who were in need of care from their homes and take them by minibus to a day centre. One of those whom she had to collect, Mrs Cotter, wa......

Statutory duty to consult patients. A primary care trust could not avoid or mitigate the performance of its statutory duty to consult patients, pursuant to the Health and Social Care Act 2001 s.11, by suggesting an approach to a patients' forum. The engagement of a patients' forum did not amount t......

A primary care trust could not avoid or mitigate the performance of its statutory duty to consult patients, pursuant to the Health and Social Care Act 2001 s.11, by suggesting an approach to a patients' forum. The engagement of a patients' forum did not amount to an alternative remedy such as to de......