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PERSONAL INJURY & EMPLOYER’S LIABILITY
Shine v Tower Hamlets LBC, CA (Civ Div) 9/6/2006
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.
Daw v Intel Corporation (UK) Ltd, High Ct, 23/5/2006
An employer was negligent in failing to take steps to obviate the risk of an employee, who complained of being overworked and stressed and who had a history of depression, from suffering from a nervous breakdown.
CLINICAL NEGLIGENCE
Farraj & Anr v King’s Healthcare NHS Trust & Anr, High Ct, 26/5/2006
A sufficient relationship of proximity existed to justify the imposition of a duty of care between a family seeking damages for wrongful birth and a third party laboratory that had prepared a sample of tissue for pre-natal DNA analysis on behalf of the defendant NHS trust.
Leggett v Norfolk, Suffolk & Cambridgeshire Strategic Health Authority, High Ct, 26/5/2006
Hospital doctors had not been negligent in their treatment of a baby who had sustained a rare brain condition shortly after his birth.
ROAD TRAFFIC ACCIDENT – APPORTIONMENT
Ehrari v Curry & Anr, High Ct, 9/6/2006
Where the main cause of the claimant's accident was her walking into the road without first looking for oncoming traffic she bore 70 per cent of the responsibility for the accident. The defendant truck driver's momentary inattention to the road ahead of him meant he was only partly responsible for the accident and the claimant's injuries.
DAMAGES
Chambers v Excel Logistics Ltd, CA (Civ Div) 7/6/2006
Where there was doubt as to the interpretation of medical evidence in a trial to assess damages for past and future loss of earnings in a personal injury claim it was vital to the claim that the evidence was clarified, and in order to do so the matter would be remitted for reconsideration.
A v B, High Ct, 26/5/2006
The claimant, who suffered from cerebral palsy, was entitled to be attended by two carers where there was extreme difficulty in transferring him into positions where his care could be administered.
INSURANCE
Shinedean Ltd v Alldown Demolition (London) Ltd & Anr, CA (Civ Div) 20/6/2006
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 question of whether the insurer was prejudiced by any delay should be excluded or included when assessing reasonable time.
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