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HUMAN RIGHTS
No interference of right to manifest religion under Art. 9 ECHR
R v Denbigh High School Headteacher & Governors, HL (Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hoffman, Lord Scott of Foscote, Baroness Hale of Richmond) 22/3/2006; Times, March 23, 2006; Independent, March 24, 2006
A school's refusal to allow a pupil to wear a jilbab at school did not interfere with her right under the European Convention on Human Rights 1950 Art.9 to manifest her religion and, even if it did, the school's decision was objectively justified under Art.9(2). In the circumstances, the pupil had not been denied access to education in breach of Protocol 1 Art.2 of the Convention.
Protocol 1 Art. 2 ECHR – Right not to be denied access to the general level of educational provision available
Ali v Lord Grey School Headteacher & Governors, HL (Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hoffman, Lord Scott of Foscote, Baroness Hale of Richmond) 22/3/2006, Times, March 22, 2006
The European Convention on Human Rights 1950 Protocol 1 Art.2 did not confer a right to be educated at a particular school but rather conferred a right not to be denied access to the general level of educational provision available in the Member State. On the evidence a pupil had not been excluded from school education in breach of his Convention rights in circumstances where he had chosen not to take up the school's invitation to attend a meeting to re-admit him to the school, nor its offers to provide work for him to do from home and to arrange alternative tuition
PERSONAL INJURY
Award of damages deemed too low in the circumstances
Davies v Molyneux, CA (Civ Div) 7/4/2006
In a personal injury claim for future loss of earnings, where the judge found that the claimant was not malingering and his prognosis was poor, the award he made was too low.
Appointment of Litigation Friend
Folks v Faizey, CA (Civ Div) 6/4/2006
A judge had erred in requiring the trial of a preliminary issue as to whether the facts justified the appointment of a litigation friend for the appellant, as the application to appoint a litigation friend was a bona fide one supported by the evidence.
Preliminary trial on issue of diagnosis – Hand Arm Vibration Syndrome
Hague v Rexam Glass (Barnsley) Ltd, CA (Civ Div) 5/4/2006
A trial judge had not erred by ruling on a preliminary issue as to diagnosis of hand arm vibration syndrome without hearing oral medical evidence where it was clear to the judge, having heard the claimant's oral evidence, that he did not have any symptoms of the syndrome.
PSYCHIATRIC INJURY
Duty to take reasonable steps to minimize risk of psychiatric harm
Home Office v Butchart, CA (Civ Div) 15/3/2006
Where the Home Office knew or ought to have known that a remand prisoner was vulnerable to psychiatric harm the duty of care that was owed to that prisoner by the Home Office included a duty to take reasonable steps to minimise the risk of psychiatric harm.
ROAD TRAFFIC ACCDENT
Negligence
Turner v Arriva North East Ltd, CA (Civ Div) 24/3/2006
A judge's conclusion on the evidence that a bus driver was not negligent when he hit and killed a pedestrian who had crossed the road when the pedestrian lights were red was fully justified.
EMPLOYERS’ LIABILITY & HEALTH & SAFETY AT WORK
Westgate v Secretary of State for Work & Pensions, CA (Civ Div) 5/4/2006
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.
FATAL ACCIDENT CLAIMS
Reasonable foreseeability – Fatal Accident Claim
Corr v IBC Vehicles Ltd, CA (Civ Div) 31/3/2006
To succeed in a claim under the Fatal Accidents Act 1976 in respect of the death of a person who had been injured in a factory accident, became depressed and then committed suicide, it did not have to be shown that the suicide was reasonably foreseeable as a separate kind of damage.
Damages – Fatal Accident Claim
Harland & Wolff Plc & Anr v McIntyre, CA (Civ Div) 28/3/2006
A termination of service payment made to the deceased's estate under a provident fund scheme did not prevent the deceased's widow from recovering Fatal Accidents Act damages in respect of her husband's expectation of receiving retirement benefits from that fund.
DAMAGES
Value of confidential information
Gorne v Scales & Ors, CA (Civ Div) 29/3/2006
A judgment on an inquiry as to damages suffered by a partner by reason of misuse by former partners of confidential information following the dissolution of the partnership was set aside where the master had misdirected himself as to the correct method of valuing the confidential information.
Damages assessing lost chance
Dudarec v Andrews & Ors, CA (Civ Div) 22/3/2006
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 trial, the facts as they had turned out should be taken into account by the trial judge.
General damages for frustration, loss of self-confidence and loss of self-esteem
Skipper v Calderdale Metropolitan MBC & Anr, CA (Civ Div) 15/3/2006
As a matter of principle 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 a claim for general damages and for damages by way of lost earning capacity based on such a failure could not be struck out as having no real prospect of success.
General damages – soft tissue injuries resolving within 15 months of RTA
Jolghazi & Anr v Ali & Anr, CA (Civ Div) 20/3/2006
A trial judge was entitled to have regard to all the material before him at trial and on the evidence his conclusion that an appellant's injuries sustained in a road traffic accident were soft tissue injuries that were resolved within 15 months of the accident was correct.
MISFEASANCE IN PUBLIC OFFICE
Misfeasance in Public Office – Not actionable without proof of material damage
Watkins v Home Office & Ors, HL (Lord Bingham of Cornhill, Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Lord Carswell) 29/3/2006; Times, April 3, 2006
Misfeasance in public office was not actionable without proof of material damage.
NORTHERN IRELAND
Miller v Rooney & ors (Deeny J, H Ct NI [2006] NIQB 7
First Defendant in breach of The Construction (Health and Safety at Work) Regulations 1996 No.6 with Claimant guilty of 30% contributory negligence. Second Defendant also liable on basis that he failed as an occupier to take reasonable steps to ensure First Defendant was a competent independent contractor. In particular he had not checked the insurance position of Mr Rooney. He had also failed to establish the defence under Section 2(4) of Occupiers Liability Act 1957. However, Claimant failed to establish that Third Defendant was a joint occupier.
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