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SG v Hewitt [2012] EWCA Civ 1053 - 02/08/12

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......

Shah v Ul-Haq & Ors [2009] EWCA Civ 542 (09 June 2009)

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......

Sharma v General Medical Council [2014] EWHC 1471 (Admin) - 22/05/14

The Appellant was appealing against a decision made by the Fitness to Practice Panel (FTPP) under s.40 of the Medical Act 1983. He was suspended for 12 months after a finding of dishonest and misconduct. Notwithstanding that the reasoning put forward by the FTPP was wrong; the Court held that the F......

Shaun Clark v. The City of Edinburgh Council [2010] CSOH 144

In November 2007, the pursuer's Toyota Celic motor vehicle was damaged by a City of Edinburgh Council refuse collection vehicle, whilst parked outside the pursuer's workplace. The pursuer had recently purchased his vehicle for the sum of £1,700. On 10 March 2008 the defenders' insurers wrote t......

Shepherds Investments Ltd & Anr v Walters & Ors, High Ct (Ch D) 12/4/2006

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......

Sheriff Court Rules: Early Disclosure and Specification

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 ......

Shields, R (on the application of) v Secretary of State for Justice [2008] EWHC 3102 (Admin) (17 December 2008)

Pardons and Transferred Prisoners An English soccer fan, S, who had been in Bulgaria to watch a game, was convicted of attempted murder and sentenced to prison: but another man, G, made a signed confession to the offence from the UK. The Bulgarian courts rejected an appeal on the basis of G's c......

Shine v Tower Hamlets [2006] EWCA Civ 852 (09 June 2006)

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. ......

Shinedean Ltd v Alldown Demolition (London) Ltd & Anor [2006] EWCA Civ 939 (20 June 2006)

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......

Shore v Sedgwick Financial Services Ltd. [2008] EWCA Civ 863 (23 July 2008)

Financial Advisers: The date of loss for limitation purposes in an action arising out of negligent advice to transfer benefits under an occupational pension scheme to a personal pension fund withdrawal scheme was suffered immediately on the transfer of benefits. The transfer did not involve a conti......

Siddiqui & Anor v James and Charles Dodd (A Firm) [2006] EWHC 1295 (QB) (24 May 2006)

The Claimants had employed the Defendant solicitors in assisting them in respect of an application for registration to carry out various medical procedures under local and general anaesthetic. It was accepted that the solicitors were in breach of duty in failing to lodge the appeal in time. The co......

Sienkiewicz v Greif (UK) Ltd [2011] UKSC 10 (9 March 2011)

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 ......

Silverlink Trains Ltd v Collins-Williamson [2009] EWCA Civ 850 (31 July 2009)

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......

Simmons & Simmons LLP v Hickox [2013] EWHC 2141 (QB) - 02/12/13

A defendant who applied for summary judgment when he knew, or ought to have known, that his application was not justified was ordered to pay the costs of the application on the indemnity basis. The Claimant (C) issued proceedings against the Defendant (D), claiming outstanding fees and fees unde......

Simmons v Castle [2012] EWCA Civ 1039 - 26/07/12

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......

Simplified Pleadings - Personal Injuries Actions in the Sheriff Court

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 ......

Simpson & Ors (t/a Harrow Solicitors and Advocates) v Godson & Ors [2013] EWCA Civ 1339 - 04/11/13

Application for permission to appeal a costs order following the grant of summary judgment in a claim for the return of sums obtained by forged cheques drawn on a firm's accounts. Permission to appeal granted. Held: The order was drafted too broadly and did not reflect that the claimant had ......

Singh v. Aqua Descaling Ltd, CC, 12/6/08

Claimant limited to costs recoverable in the Small Claim Track: In a claim where the claimant had claimed damages for credit hire but the claim had failed at trial because the judge had held that the claim should properly have been brought for loss of profits, HHJ Oliver-Jones QC held that prior to......

Sir Robert Lloyd & Co Ltd and Others v Bernard Hoey (2011), EWCA Civ, 1060, 09/09/11

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......

Skipper v Calderdale Metropolitan Borough Council & Anor [2006] EWCA Civ 238 (15 March 2006)

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

Skipper v Calderdale Metropolitan Borough Council & Anor [2006] EWCA Civ 238 (15 March 2006)

Damages: In a claim against her primary and secondary school it was determined that general damages could be awarded for the frustration, loss of self-confidence and loss of self-esteem resulting from the failure of a school and local authority to identify and ameliorate the effects of dyslexia and......

Slick Seating Systems & Ors v Adams & Ors (Rev 1) [2013] EWHC B8 (Mercantile) - 13/05/13

Where defendants failed to engage or co-operate in costs budgeted litigation, it was appropriate to award indemnity costs to the wholly successful claimant. ......

Smith & Anr v Harris, PC(Cl)(Lord Bingham of Cornhill, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Mance) 30/10/2006; [2006] UKPC 48

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 ......

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