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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

Dorothy Elizabeth Munro v. Aberdeen City Council [2009] CSOH 129

Proof:- In this action the pursuer sought damages from the defenders, her employers, after she slipped on ice in a car par in Aberdeen on 1 March 2004 during the course of her employment. Here at proof all the evidence was agreed by way of a joint minute of admissions, including inter alia that t......

Douglas Dickson v Stuart Kinsman and Centrica Plc, 9 July 2013, [2013] CSOH 111

Proof. The pursuer raised an action for damages for personal injuries sustained when he fell off his bicycle. He averred that, as he approached a junction on his left, the first defender was clearly about to pull out of that junction and into the path of the pursuer. In anticipation of that event, ......

Dove v Jarvis [2013] All ER (D) 67 - 13/02/13

An assurance from an orthopaedic surgeon that the surgery would be "well done" was not a material representation that the surgery would achieve a successful outcome and did not indicate that the surgeon was assuming a standard of care higher than would normally be expected. The allegation of neglig......

Dowdall v William Kenyon & Sons Limited [2014] EWHC 2822 (QB) - 12/08/14

The claimant had previously been diagnosed with suffering from asbestosis and pleural plaques following exposure to asbestos whilst employed by a number of employers. In 2003 an action against seven of those employers was settled for £26,000. Since then, the claimant had contracted mesotheliom......

Doy v Gunn [2013] EWCA Civ 547 - 08/05/13

The Claimant was misdiagnosed by the Defendant GP. The GP diagnosed that the Claimant had colic when in fact he had meningitis. The Claimant suffered mental and physical disabilities as a consequence. The Claimant brought an action against the GP in negligence. That claim failed at first instanc......

Dr. James Swanney v. The Full Decision of the General Medical Council Fitness to Practice Panel Hearing of 13 April 2007 [2006] CSIH 35

Appeal to the Court of Session under the General Medical Council's Preliminary Proceedings Committee and Professional Conduct Committee (Procedure) Rules 1988:- In April 2007, following an eight day hearing, the panel found the appellant guilty of serious professional misconduct:- "The panel has ......

Driver v Dover Roman Painted House Trust [2014] QBD (John Leighton Williams QC) - 11/04/14

Dismissal of occupier's liability claim brought by woman who fell from wall after evening out. The Claimant ('C') claimed damages for a head injury she sustained after falling from a wall. The wall was three foot high and surrounded a sunken moat that surrounded a Roman house. Trees ......

Drysdale v Hedges [2012] EWHC B20 (QB) - 27/07/12

Applicability of s.2 of the Occupiers' Liability Act 1957 - a landlord does not owe a duty to his tenant. N.B - the decision may conflict with Alexander v Freshwater Properties available here The Claimant brought an action against her landlord after slipping on the front step of her rented ......

Dudarec v Andrews & Ors [2006] EWCA Civ 256 (22 March 2006)

Damages assessing lost chance. Where evidence became available for the first time after the date of the original trial in an action seeking to assess damages for lost chance, unless the evidence related to some entirely new matter which could not have been known about at the date of the original t......

Duncan v City of Edinburgh Council - Edinburgh Sheriff Court, 6th November 2009

In a Summary Cause action, the Pursuer claimed damages following an incident in which his parked vehicle was struck and damaged by a vehicle driven by the Defender's employee. It was not disputed that the Pursuer needed a replacement vehicle. He hired a vehicle for 19 days at a cost of just under &......

Durham v. (BAI Run Off) Ltd, QBD, 21/11/08

Dylan Murray v William Smith (2013) CC (Horsham) (DJ Taylor) - 19/07/13

In a low value RTA involving a child, the cost of a psychiatrist's report would be disallowed on the basis that the claimant's representative should have considered what was the most appropriate report to obtain first. C, a six year old child, recovered £1,400 in general damages fol......

EDWARD PRATT v. THE SCOTTISH MINISTERS

Pursuer was prison officer and during the course of his employment he broke up a fight between two inmates. One of the inmates was an intravenous blood user and his blood had covered the pursuers shirt. Some of the blood went into the pursuers mouth and he swallowed it. He underwent tests for AIDS ......

Edwin Coe LLP & Anr v Popat [2013] EWHC (Ch) - 12/2/13

Where a trust had paid the costs of a beneficiary's professional negligence claim, she was entitled to recover the costs from the other party under a settle agreement that included her 'costs' because she had become liable to pay the fees and the indemnity principle was not offended. ......

Egan v Central Manchester & Manchester Children's University Hospitals NHS Trust [2008] EWCA Civ 1424 (15 December 2008)

NHS Trust were in Breach of Manual Handling Regulations The Court of Appeal held that an NHS Trust was in breach of Regulation 4(1)(b)(ii) of the Manual Handling Operations Regulations 1992 for failing to take reasonably practicable steps to reduce the risk of injury to a nurse whilst engaged i......

EH Humphries (Norton) Ltd. Thistle Hotels Plc v Fire Alarm Fabrication Services Ltd. [2006] EWCA Civ 1496 (10 November 2006)

In the circumstances a contractor's right to supervise the work of a sub-contractor so as to ensure that it was carried out safely imposed a duty of care on the contractor which extended to the safety of the sub-contractor's employees. ......

Ehrari v Curry & Anr, High Ct, 9/6/2006

Eileen Jane O'Neill v. University of the West of Scotland [2011] CSOH 52

The pursuer had been an employee of the defenders when she was involved in an accident at work. She sued for her injuries, relying on Regulations 5(1), 12(1) and 12(3) of the Workplace (Health, Safety and Welfare) Regulations 2003. Quantum was agreed in this case; the only outstanding issues before......

Eliades & Ors v Lewis [2005] EWHC 2966 (QB) (20 December 2005)

Freezing Injunction and enforcement of Undertaking in damages. Where a freezing injunction had been discharged by consent, a court exercising its discretion as to whether to enforce the grantee's undertaking in damages had to determine whether the injunction had been wrongly granted or not, and h......

Elizabeth Anton and another v South Ayrshire Council and another and North Ayrshire Council (party minuter) [2012] CSOH 80 - 11 May 2012

The pursuers' husband worked for Ayr County Council from 1948 to 1971. As part of his employment as a joiner on council housing projects he was exposed to asbestos, diagnosed with mesothelioma in 2007 and subsequently died of asbestosis. This is a personal injuries action brought against the succes......

Elizabeth McLachlan v. Early Learning Centre [2011] CSOH 25

On 20 October 2007, the pursuer sustained injury in an accident at work while employed by the defenders as a senior sales assistant at their retail premises at Parkhead Forge, Glasgow. The pursuer fell from a ladder while attempting to retrieve a box from a high shelf in the stockroom of the premis......

Elizabeth Nolan v. First Glasgow Limited [2008] CSOH 86

Reparation - Proof:- On 12 April 2005 the pursuer was travelling as a passenger on a single decker bus owned and operated by the defenders through the centre of Glasgow. At around 5.30p.m. a bus, also owned and operated by the defenders, collided with the back of the pursuer's stationary bus. As ......

Elsie Hampton & Anthony Stephen Hampton v. First Group plc trading as First Bus [2008] CSOH 59

Personal Injury - Proof:- In this action the pursuers sought damages after the first pursuer was knocked down on Princess Street in Edinburgh on 19 October 2003. The pursuers had been out for dinner together on the Sunday evening in question when they crossed Princes Street at its junction with L......

Emma Louise Irving v The Advocate General for Scotland [2012] CSOH 103 - 19th June 2012

Time-Bar/Personal Injury/Sections 17(2) and 19A, Prescription and Limitation (Scotland) Act 1973/Balance of Equities This case involved a simple application of the time-bar provisions contained in the Prescription and Limitation (Scotland) Act 1973. A preliminary proof on the issue of time-......

Emma McCord v William Thomson, Edinburgh Sheriff Court ? 16 October 2008

The Pursuer (aged 36 at Proof) was injured in March 2007 when the Defender's car collided with the bus on which she was travelling. The Defender admitted liability but quantum was disputed and a Summary Cause Proof took place, at which the only witness was the Pursuer. The terms of an expert m......

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