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WEIR & ORS v SECRETARY OF STATE FOR TRANSPORT (2005) Ch D (Lindsay J) 21/4/2005

The court refused to grant the costs capping order sought by the Claimant (W). The court found that the requirements for granting a costs capping order had not been met. Firstly, the Claimant had a private interest in the claim (in that W sought compensation). Secondly, the costs in this claim had ......

Weir & Ors v Secretary of State for Transport, High Ct (Ch D) 21/04/2005

Appropriateness of Costs Capping Order: The court held that it was not appropriate to grant a costs capping order in light of the fact that the applicant members of the Railtrack Private Shareholders Action Group had a private interest in the outcome of their proceedings against the Secretary of St......

Wellesley Partners LLP v Withers LLP [2014] EWHC 556 (Ch) - 11/03/14

Solicitors were retained to draft a limited liability partnership agreement for a business focusing as an executive search consultancy. The agreement was to allow new partners into the partnership and allow one an option to withdraw half its capital contribution within a period following commenceme......

Wembridge Claimants & Ors v Winter & Ors [2013] EWHC 2331 (QB) - 30/07/2013

The Claimants were firefighters and police officers who were attending a fire when a steel shipping container filled with fireworks exploded. Two of the Claimants died and the rest were injured. Summary judgment had been obtained against the First Defendant, the owner of the site at which the firew......

West & Anor v Ian Finlay & Associates [2013] EWHC 868 (TCC) - 16/04/13

An architect's firm had fallen below the expected standard in failing to ensure that in renovating a house, a contractor had installed waterproofing, flooring and mechanical services and electrical installations without defects. The homeowners were entitled to recover damages for rectifying the......

West & Anor v Ian Finlay & Associates [2013] EWHC 868 (TCC) - 16/04/13

An architect's firm had fallen below the expected standard in failing to ensure that in renovating a house, a contractor had installed waterproofing, flooring and mechanical services and electrical installations without defects. The homeowners were entitled to recover damages for rectifying the......

West Bromich Albion Football Club Ltd v El-Safty, CA (Civ Div) 11/10/2006

There was no contract, and it was not necessary to imply one, under which an orthopaedic surgeon owed a duty to a football club to advise the club in respect of his treatment of one its players and about its financial affairs, and the surgeon owed no duty of care in tort in respect of any foreseeab......

West Bromwich Albion Football Club Ltd. v El-Safty [2005] EWHC 2866 (QB) (14 December 2005)

Medical. The Defendant surgeon performed unsucessful reconstructive surgery on one of the Claimant's players. The advice to go down that route was negligent. On a preliminary issue to determine whether there was any duty to the club as opposed to the player, the Court found that despite paying th......

West of Scotland Housing Association Ltd v Daly ? Glasgow Sheriff Court, 23rd November 2009

The Pursuers/Respondents raised an action for recovery of possession of heritable property and obtained Decree in absence against the Defender/Appellant. A Minute for Recall of the Decree was lodged on the Defender's behalf in terms of Rule 24.1 of the Summary Cause Rules 2002. The Defender did n......

West Sussex County Council v Lewis Pierce [2013] EWCA Civ 1230 - 16/10/13

The Respondent was a nine year old boy who was injured at a school run by the Appellant. The Respondent had attempted to punch his brother but had missed and punched a water fountain, lacerating his thumb and damaging the tendons in his hand. At first instance the trial judge had found that the App......

West Sussex County Council v. Russell, CA, 12/2/10

The Court of Appeal held that the trial judge had been entitled to find the relevant highway in breach of its obligations under section 41 of the Highways Act 1980, in that a difference in height, a drop off of 6 to 12 inches, between a carriageway and verge, rendered a highway not reasonably safe ......

West v Ministry of Defence, High Ct, 29/7/2005

It was held that a former soldier who had suffered PTSD following an incident which occurred whilst he was on a tour of duty should be compensated for the degree to which his symptoms would have been ameliorated if he had been referred to the medical officer and had received treatment. However, he ......

West v Wilkinson & Anor [2008] EWCA Civ 1005 (03 July 2008)

Court of Appeal found No Reason to Interfere with Judge's Apportionment of Liability:The Appellant appealed against a decision that he was 40% responsible for a collision with a motorcyclist who had been travelling too close behind at an excessive speed; the Appellant had stopped due to a tyre blow......

Westgate v Secretary of State for Work and Pensions [2006] EWCA Civ 725 (05 April 2006)

Employers' Liability & Health & Safety at Work. For the purposes of the Social Security (Prescribed Diseases) Regulations 1985 Sch.1 para 1 A11(c) a "metal working tool" was a tool that worked metal and was not a tool that worked with metal. ......

Weston & Anor v Weston & Ors [2006] EWCA Civ 42 (17 January 2006)

The judge had been wrong to order an assessment of costs on an indemnity basis where one of the parties had not been able to make representations about evidence and where the action had commenced 40 years earlier. ......

Weston v Gribben & Anor [2006] EWCA Civ 1425 (02 November 2006)

A convenient way to determine whether an amendment to the particulars of claim outside of the limitation period could be justified pursuant to CPR r.19.5(3) was to ask whether the identity of the claimant could be changed without significantly altering the nature of the claim. In the instant case, ......

White v Greensand Homes Ltd & Ors [2007] EWCA Civ 643 (28 June 2007)

In an action against building contractors for the foundations of a property subsequently damaged by tree roots, the contractors admitted during the pre-action process and in the Defence that they were the designers of the foundations. Subsequently the contractors applied to amend their defence on ......

Whitehead v Bruce [2013] EWCA Civ 229 - 21/03/13

The Claimant was a pillion passenger on a motorbike being ridden by the First Defendant. The Third Defendant's car had broken down and was parked close to a bend on the opposite side of the road to the motorbike. The Second Defendant's car was overtaking the Third Defendant's car on the......

Whiteleys (A Firm) v Trafalgar Consultancy Ltd [2006] EWCA Civ 503 (05 May 2006)

Recalculation of damages for breach of professional duty. An award of damages for breach of professional duty was recalculated to put the victim of the breach in the position that it would have been in if the breach had not occurred. ......

Whiten v. St George's Healthcare NHS Trust, QBD, 5/08/11

Swift J awarded the claimant general damages for pain, suffering and loss of amenity in the sum of £235,000 in respect of personal injuries sustained as a result of the defendant's negligent management of his mother's labour and his subsequent birth. In particular, the claimant had sustained v......

Whittle v Bennett [2006] EWCA Civ 1538 (01 November 2006)

Where two drivers drove in tandem at excessive speeds a duty of care was owed by the second driver not just to the leading driver but also to those that might reasonably be affected by the second driver's actions. ......

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