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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

Brown v MOD, CA (Civ Div) 10/5/2006

Assessment of loss of pension rights. The county court judge had failed to apply the correct principles when assessing the claimant's entitlement to damages for loss of pension rights and accordingly a fresh assessment was required. ......

Bruce Kirkpatrick v. SoS for Transport and the Deputy Traffic Commissioner for the Scottish Traffic Area, Sheriff Principal Lockhart, Dumfries Sheriff Court, 29th June 2011

Parties and Background The respondent, Bruce Kirkpatrick, was a large goods vehicle driver for Cameron Young Transport Ltd. His licence was revoked by the second appellant, the Deputy Traffic Commissioner (DTC), in October 2010. Drivers were supposed to carry out double-manned journeys so th......

Brumder v Motornet Service and Repairs Ltd & Anor [2013] EWCA Civ 195 - 14/03/13

In an appeal against a finding that the claimant was 100% contributorily negligent, the issue was whether the sole director and shareholder of a company who suffers personal injury as a result of a breach by the company of the absolute obligation to maintain equipment (per the Provision and Use of ......

Buck & Ors v Nottinghamshire Healthcare NHS Trust [2006] EWCA Civ 1576 (23 November 2006)

An NHS Trust was liable for injuries inflicted on nursing staff by a patient at a high security hospital where it had not implemented a policy recommended by the Safety and Security in Ashworth, Broadmoor and Rampton Hospitals Directions 2000. Had a risk assessment of the patient been carried out i......

Burgess v Plymouth CC, CA (Civ Div) 30/11/2005

Where a school had in place a system to ensure that containers were stored away safely at the end of the day, but that system had not been followed with the result that a cleaner had fallen over a container suffering personal injury, the school was held liable under Reg.12(3) of the Workplace (Heal......

Burne v A, CA (Civ Div) 25/1/2006

Approach to Bolitho Principle. A trial judge's approach in a trial on the issue of liability to the legal principle in Bolitho v City and Hackney Health Authority (1997) 3 WLR 1151 was correct, but he should not have embarked upon it until expert witnesses had had a proper opportunity to explain w......

Burnett v Lynch [2012] EWCA Civ 347 - 21/03/12

Judge Entitled To Prefer Patient's Evidence To That Of GP As To Whether A Consultation Took Place:- The Court of Appeal dismissed the appellant GP's appeal against a decision giving judgment for the respondent patient in the underlying clinical negligence claim for damages arising out of......

Burton v Evitt [2011] EWCA Civ 1378 - 28/10/11

C was overtaking a stationary line of traffic on his motorcycle by passing vehicles on their offside. D was stationary at the front of a line of traffic and indicating to turn right. Due to the presence of a large vehicle behind D he did not have a clear view behind him. He began to turn right and ......

Butler & Anor v Thompson [2005] EWCA Civ 864 (13 July 2005)

Earning capacity: It was held to be appropriate to recalculate the level of damages awarded to a passenger of a vehicle who had sustained brain damage in a road traffic accident so as to take into account the finding that a higher level of earning capacity was possible. The Recorder was entitled to......

C v D & Anr, CA (Civ Div) 23/2/2006

Psychiatric injury resulting from sexual abuse. A headmaster was liable under the principle in Wilkinson v Downton (1897) 2 QB 57 for psychiatric injury caused by an act of sexual abuse against a pupil that had not involved touching. ......

C v North Cumbria University Hospitals NHS Trust [2014] EWHC 61 (QB) - 23/01/14

The Claimant's mother had been admitted to hospital for the induction of labour to start the delivery of the Claimant. The midwife gave a dose of Prostin to stimulate natural contractions but administered a second dose seven and a half hours later. The Claimant's mother experienced substant......

Cain v Francis [2008] EWCA Civ 1451 (18 December 2008)

Loss of Limitation Defence Not a Head of Prejudice under Section 33 of the Limitation Act. The Court of Appeal held that the loss of a limitation defence was not to be regarded as a head of prejudice to the Defendant when the Court was exercising its discretion to disapply the time limit for th......

Caldwell v Fitzgerald, CA, 27/6/01

Jockeys held not liable to a fellow rider, when they crossed in front of him in a race and even though they had been found to be guilty of careless riding at a steward's enquiry. The riders' error could not be characterised as anything more than an error of judgment, an oversight or a lapse of whi......

Cameron John Young v. SoS for Transport and the Deputy Traffic Commissioner for the Scottish Traffic Area, Sheriff Principal Lockhart, Dumfries Sheriff Court, 29th June 2011

Parties and Background The respondent, Cameron John Young, was a large goods transport company owner. He held a large goods vehicle licence. His licence was revoked by the second appellant, the Deputy Traffic Commissioner (DTC), in October 2010. Mr Young's drivers were supposed to carry out ......

Canning-Kishver v Sandwell & West Birmingham Hospitals NHS Trust [2008] EWHC 2384 (QB) (13 October 2008)

The failure by nurses to summon a doctor despite drastic falls in the heart and respiratory rates of an infant had on the balance of probabilities materially contributed to the cerebral atrophy subsequently suffered. ......

Capita Alternative Fund Services (Guernsey) Ltd & Anor v. Drivers Jonas (A Firm), QBD (Comm), 09/09/11

Eder J held that the defendant surveyors had given negligent advice as to the value and commercial prospects of a factory outlet shopping centre development. Eder J found, inter alia, that the defendant surveyors did not have either the expertise or experience to competently advise as to the develo......

Carter v Basildon & Thurrock University Hospitals NHS Foundation Trust [2007] EWHC 1882 (QB) (30 July 2007)

Failure to Admit patient caused her Death. The Deceased, aged 20, complained of headaches in the mornings at a post-natal check six days after giving birth; she was nevertheless permitted to leave hospital. The next day she fell seriously ill and died at midday the following day. The Defendant ad......

Carter v Basildon & Thurrock University Hospitals NHS Foundation Trust [2007] EWHC 1882 (QB) (30 July 2007)

Failure to Admit patient caused her Death. The Deceased, aged 20, complained of headaches in the mornings at a post-natal check six days after giving birth; she was nevertheless permitted to leave hospital. The next day she fell seriously ill and died at midday the following day. The Defendant ad......

Carver v BAA Plc [2008] EWCA Civ 412 (22 April 2008)

Changes to Part 36 Resulted in a Change of Approach:The Court of Appeal held that the changes brought in by the Civil Procedure (Amendment No.3) Rules 2006 (replacing the system of payments into Court with formal offers to settle) had resulted in a change of approach. Under the new approach, a wide......

Casey v Cartwright [2006] EWCA Civ 1280 (05 October 2006)

The Court of Appeal gave guidance on the procedure to be followed where a defendant in a low-velocity road traffic claim sought to adduce his own expert evidence on causation. ......

Catholic Care (Diocese of Leeds) & Anor v Young [2006] EWCA Civ 1534 (14 November 2006)

The test under the Limitation Act 1980 s.14(2) to determine when a person would reasonably have considered an injury to be sufficiently serious to justify his instituting proceedings for damages was an objective one. That a person was inhibited by the injury itself from instituting proceedings was ......

Cecil Guntrip v Cheney Coaches Ltd [2012] EWCA Civ 392, 14/03/12

No error in judge's decision to refuse to admit new expert evidence where there had already been a joint experts' report: The Court accepted that a DJ had been correct in refusing the C permission to rely on a new expert report on the eve of trial and where a joint expert report had alre......

Cenet (nee McGlennon) v Wirral Metropolitan Borough Council [2008] EWHC 1407 (QB) (26 June 2008)

Location of Defect in Highway Not More Akin to Pavement than Carriageway:On appeal, Swift J. held that the trial judge had been incorrect to find that the location of a defect in the highway where the Claimant tripped was more akin to pavement than carriageway. Although he had been entitled to find......

Ceva Logistics Ltd v Lynch & Anor [2011] EWCA Civ 188 (25 February 2011)

Owner And Occupier Of Warehouse Owes Statutory Duty To Provide Safe System Of Work To Contractors' Employees:The Court of Appeal held that pursuant to regulations 4(2)(c) and 17 of the Workplace (Health, Safety and Welfare) Regulations 1992, the owner and occupier of a warehouse owed a statutory du......

Chambers v Excel Logistics Ltd [2006] EWCA Civ 1031 (07 June 2006)

Where there was doubt as to the interpretation of medical evidence in a trial to assess damages for past and future loss of earnings in a personal injury claim it was vital to the claim that the evidence was clarified, and in order to do so the matter would be remitted for reconsideration. ......

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