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Smith (Appellant) v Northamptonshire County Council (Respondents), [2009] UKHL 27

The appellant, Mrs Smith, was employed by the respondents (“the council”) as a driver and carer. As part of her job she was required to collect people who were in need of care from their homes and take them by minibus to a day centre. One of those whom she had to collect, Mrs Cotter, wa......

Smith v North Eastern Derbyshire PCT & Anr, CA (Civ Div) 23/8/2006; Times, September 11, 2006

Statutory duty to consult patients. A primary care trust could not avoid or mitigate the performance of its statutory duty to consult patients, pursuant to the Health and Social Care Act 2001 s.11, by suggesting an approach to a patients' forum. The engagement of a patients' forum did not amount t......

Smith v North Eastern Derbyshire Primary Care Trust & Anr, CA (Civ Div) 23/8/2006

A primary care trust could not avoid or mitigate the performance of its statutory duty to consult patients, pursuant to the Health and Social Care Act 2001 s.11, by suggesting an approach to a patients' forum. The engagement of a patients' forum did not amount to an alternative remedy such as to de......

Smith v Phillip Morris Companies Inc. & Ors [2006] EWHC 916 (QB) (27 April 2006) (

Evidence (proceedings in Other Jurisdictions) Act 1975. An order under the Evidence (Proceedings in Other Jurisdictions) Act 1975 for oral examination of a non-party to proceedings in the United States of America was set aside where the letter of request seeking the order was couched in such wide ......

Smith v Revenue & Customs Commissioners (Tax), 10 May 2011

A tribunal had been entitled to find that an accountant's preparation of a taxpayer's accounts had constituted negligent conduct when considering an appeal against assessments raised in reliance on the Taxes Management Act 1970. ......

Smith v S Notaro Ltd & Anr, CA (Civ Div) 5/5/2006

Manual Handling Operations Regulations 1992 reg.4. Whilst the judge had been right to hold that an employer had breached the Manual Handling Operations Regulations 1992 reg.4 as it had not given an employee training on how to carry heavy loads over uneven surfaces, the apportionment of damages had......

Smith v Skanska Construction Services Ltd [2008] EWHC 1776 (QB) (29 July 2008)

Company Not Vicariously Liable Where Claimant Authorised Defendant's Employee to Use Car:Ouseley J. held that on the evidence it was not remotely likely that the Defendant would have given the son of the Claimant's fellow employee permission to drive its car. The Claimant had acted out of character......

Smith v Southampton University Hospitals NHS Trust (QBD) 3/7/06

Breach of Duty. Where surgeons had caused injury to the Claimant during a radical hysterectomy operation, their employer was not liable as the damage caused was a recognised risk of the surgery albeit less than 1% and 5%, respectively, and the expert evidence did not conclude on such facts as wer......

Smith v Strang Ltd [2012] CSOH 173 - 9th November 2012

An action for damages for personal injury sustained by Smith when subcontracted by Strang Ltd to carry out fencing works. Although primary liability was admitted by Strang Ltd, the parties disputed that circumstances in which the accident occurred, including the issue of contributory negligence and......

Smith v. Chief Constable of Sussex, CA, 5/2/08

Arguable that Police Owed Death Threats Victim Duty of Care:The Court of Appeal found that the judge below had been incorrect to strike out the Appellant's claim in negligence against the Chief Constable. The Appellant had been attacked by a former partner, in respect of whom the Police had been gi......

Smith v. Finch, QBD, 22/1/09

Griffith Williams J. held that, although there was no legal compulsion for cyclists to wear helmets, there was no doubt that a failure to wear a helmet might expose a cyclist to a greater risk of injury; the situation was directly analogous to the failure of a car-user to wear a seat-belt. How......

Smithurst v. Sealant Construction Services Ltd, CA, 03/11/11

The Court of Appeal held that the judge had been entitled to adopt an acceleration approach as to the assessment of the claimant's back injury and damages to be awarded thereof. The claimant's expert's opinion was that there was no reason to suggest that the claimant would have suffered a similar d......

Smoldon v Whitworth & Anor [1996] EWCA Civ 1225 (17th December, 1996)

Rugby referee found liable for injuries caused as a result of a scrum collapsing. The defendant had invited the judge to say that nothing short of reckless disregard for the claimant's safety would suffice to establish a breach of the duty which the referee admittedly owed to the player. The cour......

South East Traders Limited v Garry Robertson ? Airdrie Sheriff Court, 4 March 2009

The Pursuers/Appellants raised an action for interdict. Interim interdict was granted pre service and a hearing was then assigned. Both the Pursuers and the Defender were represented at that hearing, at which the Sheriff continued the interim interdict previously granted. The Defender/Appellant t......

South Somerset DC v. Tonstate (Yeovil Leisure) Ltd, ChD, 14/12/09

Roth J held that that the Applicant company was entitled to permission to amend its defence to a contractual claim brought by the Respondent local authority. A consent order had previously been made as between the parties, however a further issue remained disputed and as such, the Applicant applied......

Spencer v Wincanton Holdings Ltd (Wincanton Logistics Ltd) [2009] EWCA Civ 1404 (21 December 2009)

Employer Liable For Second Accident Of Former Employee Suffered Several Years After First Accident At Work:The Court of Appeal upheld the Judge's decision that the Appellant employer was liable for the injuries sustained by its former employee in a second accident which occurred several years after......

Spencer-Franks (Appellant) v Kellogg Brown and Root Limited and others (Respondents) (Scotland), [2008] UKHL 46

In 2003, the pursuer was employed as a mechanical technician by Kellogg Brown and Root Ltd (“KBR”), then a subsidiary of Halliburton which supplies services to the offshore oil industry. KBR contracted to supply workers to operate the Tartan Alpha platform in the Scottish sector of the ......

Spillman v Bradfield Riding Centre [2007] EWHC 89 (QB) (06 February 2007)

Interim Payment Applications. The determination of the amount of an interim payment had to be in accordance with CPR r.25.7(4) rather than by consideration of the purpose for which the payment was sought. ......

Spink & Anor, R (on the application of) v London Borough of Wandsworth [2005] EWCA Civ 302 (18 March 2005)

Where a local authority provides services pursuant to its obligations under section 2 of the Chronically Sick and Disabled Persons Act 1970 by exercising functions under section 17 of the Children Act 1989, the provision of those services is subject to rights to charge which are conferred by sectio......

Squirrell v Bradleys Surveyors Ltd (CC) 25/11/11

A property developer sought a valuation only after contracts had been exchanged on a number of properties. An offer of finance was obtained which was in turn subject to a valuation. The surveyors provided a valuation, but then withdrew it, because they alleged that the developer had inflated the ov......

St Anselm Development Co Ltd v Slaughter & May [2013] EWHC 125 (Ch) - 01/02/13

A judge had erred in summarily dismissing part of a property investment company's claim in negligence against its solicitors in respect of their advice regarding extensions of the leases of two flats under the Leasehold Reform, Housing and Urban Development Act 1993. Prior to the extension grou......

STAGHOLD LTD v (1) HIKO TAKEDA (2) SUE MATSUE TAKEDA (2005) CC (London) (Judge Levy QC) 8/8/2005

A landlord was entitled to recover the costs of successful litigation against a tenant before the Leasehold Valuation Tribunal when this could be implied from a proper construction of the lease. The recovery of these costs was not precluded by Schedule 12 of The Commonhold and Leasehold Reform Act ......

Stallwood v David & Anor [2006] EWHC 2600 (QB) (25 October 2006)

Under CPR Part 35 there were circumstances in which a party dissatisfied with an amended opinion from their expert after the experts' discussion could obtain permission to rely on evidence adduced from an additional expert. ......

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