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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

Billingham & Anor v John Barnsley & Sons Ltd & Ors [2013] EWHC 520 (QB) - 13/03/13

This was a claim by the executrixes of the estate of a man who had died from malignant mesothelioma as a consequence of exposure to asbestos. The question at issue was whether the Second Defendant in this action was liable. On the facts, it was held that the Second Defendant was liable. The expo......

Bishara v Sheffield Teaching Hospitals NHS Trust [2007] EWCA Civ 353 (26 March 2007)

Summary Judgement. The judge had erred in granting summary judgment in a claim for personal injuries as it was not possible to say that no duty of care was owed until the claim had been advanced and the evidence tested. ......

Blackburn Rovers Football and Athletic Club Plc v Avon Insurance Plc & Ors [2006] EWHC 840 (QB) (12 April 2006)

Failure to establish causation. A football club failed to show that the injury sustained by one of its players in training had solely and independently of any other cause occasioned the player's permanent total disablement. ......

Blair-Ford v CRS Adventures Ltd [2012] EWHC 2360 (QB) - 13th August 2012

Personal Injury / Tort / Socially Beneficial Activity / Liability / Foreseeability / Duty of Care / Risk of Serious Injury / Negligence The claimant suffered a significant spinal injury, resulting in permanent tetraplegia, in an accident which occurred in the course of throwing a wellington boot......

Bodey v, Hall, QBD, 5/08/11

David Pittaway QC, sitting as a Deputy Judge of the High Court, dismissed the claimant's claim for damages under the Animal's Act 1971 in respect of serious head injuries sustained by her when she was thrown from a trap that was being pulled by the defendant's horse. For reasons unknown, the horse ......

Bolton Metropolitan BC v Municipal Mutual Insurance & Anr, High Ct, 2/6/2005

Mesothelioma: The inhalation of potentially harmful asbestos fibres was held not to be an "accidental bodily injury or illness" within the wording of certain public liability insurance policies, but the onset of mesothelioma when a cell became malignant was held to fall within this wording, and the......

Bolton Metropolitan Borough Council v Municipal Mutual Insurance Ltd. & Anor [2006] EWCA Civ 50 (06 February 2006)

Public Liability Insurance. The right public liability policy to respond in cases of asbestos-related disease was the policy in force at the time when the disease first occurred or manifested itself, rather than the policy in force at the time of the exposure to asbestos. ......

Bourne Leisure Ltd (t/a British Holidays) v Marsden [2009] EWCA Civ 671 (13 July 2009)

The Court of Appeal held that the owner of a holiday site had not been under an obligation to bring the precise location of a pond to the attention of parents staying on the site as the danger that it posed to unaccompanied children was obvious. In the absence of any guidance given by ROSPA or the......

Boustead v North West Strategic Health Authority [2008] EWHC B11 (QB) (16 June 2008)

Medical: While the original decision not to perform a caesarean was an approach that would have been taken by a reasonable proportion of obstetricians at the time, the decision not to carry out an emergency caesarian thereafter was a breach of duty. That breach had been a material contribution to t......

Bransgrove v. Vermorel, CC, 25/7/08

Brett v University of Reading [2007] EWCA Civ 88 (14 February 2007)

Mesothelioma – Liability not established – Multiple Exposure : Where it was possible to prove that the deceased had been exposed to asbestos during the course of his employment but not that the employer had been in breach of duty, the employer was not liable for the deceased contracting......

Bretton v Hancock [2005] EWCA Civ 404 (13 April 2005)

The user of a car was not bound by s.143(1)(a) of the Road Traffic Act 1988 to insure against the liability of one tortfeaser to contribute with another tortfeaser in respect of their joint liability to the user. The duty to insure against third party loss is a duty owed to the public, not to onese......

Brian Daly v Sister Bernard Mary Murray and Ors [2012] CSOH 109 - 29th June 2012

Personal Injury/Child Abuse/Limitation/Time Bar/Sections 17 and 19A, Prescription and Limitation (Scotland) Act 1973/Damages for Injury, Loss and Damage An action of damages in respect of child abuse at a children's home (Nazareth House) in the 1970s. The defenders pled time bar. The purs......

Brian Rodgers v. Colin Hutton Group Coachworks Ltd [2006] CSOH 126

On 25 October 2000 the pursuer, who had been working at the base of a tractor unit, rose from a crouching position and struck his head against a tilt bar protruding horizontally from its socket which had not been removed. In this action liability was agreed on the basis that the accident was caused......

Brian Warwicker Partnership v Hok International Ltd [2005] EWCA Civ 962 (27 July 2005)

Civil Liability (Contribution) Act 1978: Acts and omissions that were not causative of loss could be taken into account for the purpose of assessing what, if any, contribution should be ordered pursuant to s.2 of the Civil Liability (Contribution) Act 1978. However, the role of non-causative factor......

Bridgefoot Building Contracts Limited v James Michie and others ? Dundee Sheriff Court, 9 April 2009

The Appellants/Defenders appealed against the Sheriff's decision to grant commission and diligence in terms of a Summary Application brought under Section 1(1) of the Administration of Justice (Scotland) Act 1972 (“the 1972 Act”) for recovery of documents held by or on behalf of the App......

Brighton & Hove Bus & Stage Coach Ltd v (1) Sheridan Brooks (2) Merihan Tadrous (3) Nabil Tadrous [2011], EWHC 2504 (Admin) 14/10/11

The applicant insurer sought to have the Claimant's two daughters and husband of a Claimant committed. It was for the applicant to demonstrate beyond reasonable doubt that the statements and representations relied on were made, that they were false, that they were likely to interfere with the cours......

Brindley v Queen's Medical Centre University Hospital NHS Trust [2005] EWHC 2647 (QB) (24 November 2005)

The medical professional's evidence as to the advice he provided was to be preferred to that of the Claimants despite his failure to record such advice in notes. ......

Broadfield v, Meyrick Estate Management Limited, CA, 27/07/11

The Court of Appeal dismissed the appellant employee's appeal against the dismissal of her claim against the respondent employer for breach of its statutory duty pursuant to regulation 12(5) of the Workplace (Health, Safety and Welfare) Regulations 1992 to provide a suitable and sufficient handrail......

Brookes v South Yorkshire Passenger Transport Executive & Anor [2005] EWCA Civ 452 (28 April 2005)

Health & Safety At Work: It was held that the recorder had been wrong to find that an employer had negligently exposed an employee to harmful vibrations from hand-held vibration tools throughout the whole course of his employment. In fact, the exposure became negligent part-way through his service.......

Brooks v. Commissioner of Police for the Metropolis & Ors [2005] UKHL 24 (21 April 2005)

Victims of crime: A victim of crime and eye witness to a murder could not proceed in claiming damages for negligence against the police for his treatment by the police. The Claimant argued that the police owed a duty of care to: (i) take reasonable steps to assess whether B was a victim of crime a......

Brown v Birmingham and Black Country Strategic Health Authority & Ors [2005] EWHC 1098 (QB) (22 June 2005)

No negligence where staff failed to diagnose and treat congenital spinal defect: Notwithstanding the claimant's symptoms, neither her doctor nor medical staff at a hospital where she was examined were at fault for failing to diagnose and treat a congenital spinal defect that resulted in her contrac......

Brown v Grosvenor Building Contractors Ltd, CA (Civ Div) 10/2/2006

Reasonable foreseeability. Where an employee had been injured by an exploding aerosol can in a small fire that he had kicked to put out and the employer had not carried out any risk assessment in relation to fires, the employer could not be liable in negligence as the injury that occurred was not ......

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