Items tagged with UK

In July 2001 Mr Mitchell was violently assaulted by his neighbour Mr Drummond and died from his injuries. Both Mr Mitchell and Mr Drummond were tenants of Glasgow City Council and the latter's propensity for violence and anti-social behaviour towards, in particular, Mr Mitchell, were well-documente......

The House of Lords held that the normal rule, that statements made in negotiations between parties to litigation with a view to settling it were inadmissible, applied even where it was invoked in relation to negotiations in earlier proceedings between the same parties. The House was not intending t......

Loss of a Chance of Establishing Liability. In an action against a law firm for loss of a chance to pursue a claim for damages for personal injury against an employer, the Privy Council substituted its own assessment of the prospects of establishing liability and of successful recovery of any dama......

Background This appeal concerns the question of whether the Royal Borough acted unlawfully in seeking to amend Ms McDonald's care package by substituting her night time carer with provision of incontinence pads or absorbent sheets when Ms McDonald was not in fact incontinent. Th......

The issue was whether legal advice privilege extends to legal advice given by professionals other than professional lawyers. The appellants submitted that it was entitled to refuse to comply with a notice under s.20, Taxes Management 1970 to disclose documents in connection with its tax affairs on ......

An employer was in breach of the Provision and Use of Work Equipment Regulations 1998 reg.4 and reg.20 by providing removable suspended ladders for employees to access the top bunks in their sleeping accommodation because the risk of injury, if the ladders were not replaced properly, should have be......

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 ......

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 ......

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......

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 ......

Judicature (Civil Procedure Code) Law (Jamacia): The Supreme Court of Jamaica was not deprived of jurisdiction to set aside a judgment in default of defence under s.258 of the Judicature (Civil Procedure Code) Law (Jamaica), even though damages had been subsequently assessed and a final judgment ha......

A Bangladeshi suffering from arsenical poisoning had no reasonable prospect of success in an action against the Natural Environment Research Council for negligence arising from a geological report that, according to him, had induced the health authorities in Bangladesh not to take steps that would ......

Professional Conduct: Where a vet with an otherwise unblemished record had backdated the entries of two vaccinations by 14 days or less to save the animals having to recommence a vaccination programme the punishment of removal from the register was disproportionate in the absence of personal gain ......