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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

David v Honeywell Normalair -Garrett Ltd. [2006] EWHC 351 (QB) (02 March 2006)

Alleged negligent exposure to uranium. Where a claimant had failed to establish the presence of depleted uranium both in his body and in the defendant's workplace to support his claim for damages for personal injuries as a result of alleged exposure to uranium during the course of his employment, ......

David Whelan v. Quarriers & John Porteous [2006] CSOH 159

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment he received there. The second defender was employed by the first defenders and the pursuer averred that he ......

David Whelan v. Quarriers & John Porteous [2006] CSOH 159

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment he received there. The second defender was employed by the first defenders and the pursuer averred that he ......

Davidson v Aegis Defence Services (BVI) Ltd & Anor [2013] QBD (N. Wilkinson QC)

A claimant's application under section 33 of the Limitation Act 1980 for an extension of time to bring a personal injury claim was refused where the delay had exacerbated the existing difficulty the court faced in properly investigating and determining liability. The claimant applied for an ......

Davies & Ors v Secretary of State for Energy and Climate Change [2012] EWCA Civ 1380 - 25/10/12

A judge had not erred in refusing to exercise his discretion under the Limitation Act 1980 to disapply the basic limitation period. It was held that the judge did not determine that the claims had no reasonable prospect of success. He recognised that the appellant's description of the condit......

Davies v Molyneux, CA (Civ Div) 7/4/2006

Award of damages deemed too low in the circumstances. In a personal injury claim for future loss of earnings, where the judge found that the claimant was not malingering and his prognosis was poor, the award he made was too low. ......

Davis v First Tier Tribunal (Criminal Injuries Compensation) & Anor [2014] EWCA (Civ) (Briggs LJ) - 24/06/14

The focus in a claim under the Criminal Injuries Compensation Scheme by a person not present at the scene of crime was upon the immediate aftermath of the crime. The Applicant's ('A') former partner had been killed in an assault in July 2009. A attended the hospital in the early hour......

Davis v Stena Line Ltd [2005] EWHC 420 (QB) (17 March 2005)

Negligence & failure to carry out appropriate risk assessment or training: A ferry company was held liable in negligence for the death of a passenger who fell overboard and drowned, where the company had been aware of the near impossibility of retrieving a man overboard in rough seas and yet had fa......

Daw v Intel Corporation (UK) Ltd. [2006] EWCA Civ 1188 (24 July 2006)

An employer was negligent in failing to take steps to obviate the risk of an employee, who complained of being overworked and stressed and who had a history of depression, from suffering from a nervous breakdown. ......

Dawes v. Aldis [2007] EWHC 1831, QBD, 27/7/07

Insufficient Evidence to found Contributory Negligence. It was accepted by both parties that the Claimant had been driving a stolen car at 50mph on the wrong side of the road. The Claimant contended that the Defendant should be found contributorily negligent for running across the carriageway when ......

Dawes v. Aldis [2007] EWHC 1831, QBD, 27/7/07

Insufficient Evidence to found Contributory Negligence. It was accepted by both parties that the Claimant had been driving a stolen car at 50mph on the wrong side of the road. The Claimant contended that the Defendant should be found contributorily negligent for running across the carriageway when......

Day v Suffolk County Council & Ors [2007] EWCA Civ 1436 (23 November 2007)

Local Authority Liable for Defective Inspection of a Highway The appellant local authority appealed against a decision that it was liable for failing to secure that a public highway was not dangerous to traffic, in accordance with the Highways Act 1980. The trial judge found that an inspection tha......

Dennis Ball v Secretary of State for Energy and Climate Change [2012] EWHC 145 (QB)

The court commented on the factors for assessing the damages to be awarded for pain, suffering and loss of amenity for mesothelioma, and on the lower level figure for awards in the Judicial Studies Board Guidelines 10th Edition.The Court held that the assessment of damages in mesothelioma cases was......

Derek Burnett v Grampian Fire and Rescue Service

Diamond v Mansfield & Ors [2006] EWHC 3290 (QB) (20 December 2006)

Whilst the Bar Council, when considering or dealing with a prosecution in respect of a disciplinary matter, had to apply the principles of natural justice and could not act out of improper motive, malice or bad faith, that was a duty owed to all its members and did not arise out of a contract with ......

Diana Cheesman v. Internatiional Travel Service Limited

In September 2001 the pursuer injured her right ankle when she tripped on loose carpeting in a bus travelling on an excursion over the Simplon Pass to Zermatt. She seeks damages from the defenders a travel company called International Travel Service Limited. Counsel for the pursuer argue that the c......

Dickie v Khandani [2012] CSOH 122 - 20 July 2012

This case concerns the determination of solatium based on the extent of injuries and their effect on future employability of the pursuer following admitted liability for personal injury caused to the pursuer by the defender in a road accident in 2009. The condition said to be limiting the pu......

Dickins v O2 Plc [2008] EWCA Civ 1144 (16 October 2008)

Company Negligent for Failing to Act on Notice that Employee was Excessively Stressed:The Court of Appeal upheld the trial judge's finding that the Respondent employer was liable to the Claimant, an employee who had suffered a stress-related illness after being promoted to a position that exceeded ......

Donald Berry (A protected party by his wife and litigation friend Carol Berry) v Ashtead Plant Hire Co Ltd & Others [2011], EWCA, Civ 1304, 10/11/11

The word "defendants" in CRP r. 25.7(2)(e)(ii) meant the Defendants against whom an order for an interim payment was sought. Therefore when a Claimant applied for an interim payment against a number of Defendants on the basis that one or another was liable and they were all insured, it was irreleva......

Donna Egan v Central Manchester and Manchester Children?s University Hospitals NHS Trust [2008] EWCA Civ 1424

The case involved a workplace accident. The pursuer, a nurse working at the Manchester Royal Infirmary, was transferring a patient by use of a mechanical hoist. The hoist suddenly stopped and she suffered a jerking injury to her back. ......

Donna O'Halloran v. Ciba Speciality Chemicals plc [2007] CSOH 19

Between 1988 and July 2002 the pursuer was employed by the defenders. Here she claimed that she suffered injury to her neck, shoulders and back as a result of the work which was allocated to her at certain times during her employment. It was submitted by the pursuer that her injuries were caused by......

Doona v. Matha, QBD, 8/7/11

Upon the trial of a preliminary issue of fact in a clinical negligence action, Mackay J was required to make preliminary factual findings as to what had occurred during a consultation by the claimant patient with the defendant general practitioner about a growth in his groin, which subsequently tra......

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