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PERSONAL INJURY
Road Traffic Accident – Causation of injuries not established
Lodge v Cook, High Ct, 22/02/2007
The claimant failed to establish a causative link between a road traffic accident for which the defendant had been responsible and her existing medical condition.
Road Traffic Accident – Failure to keep a careful watch
Ehrari v Curry & Anr, CA (Civ Div) 21/02/2007
The driver of a truck, who had been aware of the presence of children on the pavement of a busy road and whose truck had struck a child crossing that road, had been negligent in failing to keep a careful watch and consequently failing to see that pedestrian before the moment of impact. In the circumstances, the driver had had an opportunity to take effective avoiding action by swerving to his offside away from the pedestrian.
Sharp v MOD, High Ct, 14/02/2007
The claimant had been solely responsible for an accident involving a convoy of military vehicles, where he should have been keeping a safe distance from the vehicle in front so that he could have come to a stop without colliding with it, even if that vehicle had unexpectedly come to an abrupt halt.
Mesothelioma – Liability not established – Multiple Exposure
Brett v Reading University, CA (Civ Div) 14/02/2007
Where it was possible to prove that the deceased had been exposed to asbestos during the course of his employment but not that the employer had been in breach of duty, the employer was not liable for the deceased contracting mesothelioma as the deceased had also been exposed to asbestos in earlier employments.
Road Traffic Accident – Damages
Van Wees v Karkour & Anr, High Ct, 14/02/2007
Substantial damages for personal injury were awarded to a woman of high intelligence and ability who had suffered a brain injury of moderate severity following a road traffic accident, where the subtle diminutions in her abilities to perform at a high corporate level had affected her ability to command a yet greater salary.
CICA Claim
R v CICAP, High Ct (Admin) 14/02/2007
In a claim for compensation under the 1990 Criminal Injuries Compensation Scheme, Sowden v Lodge (2004) EWCA Civ 1370, (2005) 1 WLR 2129 clearly placed upon the defendant the burden of proving that the apparent cost of the claimant's reasonable requirements should be reduced because of the possibility that local authority provision would meet some or all of them.
Claims struck out – Abuse of Process
Colman v Scott & Ors, High Ct, 09/02/2007
Claims against officers and employees of the General Medical Council were struck out as a clear abuse of process where the claimant had previously brought unsuccessful claims arising from the same or similar grievances against the GMC itself.
Personal Injury damages disregarded in considering statutory duties to meet care needs
Crofton v NHSLA, CA (Civ Div) 08/02/2007
A local authority was obliged, in determining whether it was necessary for it to meet a claimant's care needs under the National Assistance Act 1948 s.29 and the Chronically Sick and Disabled Persons Act 1970 s.2, to disregard any awards of damages for personal injury.
Employers’ Liability
Intel Incorporation (UK) Ltd v Daw, CA (Civ Div) 07/02/2007
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. The damages for future loss of earnings had been assessed appropriately.
No liability for psychiatric injuries suffered by foster carers
Lambert & Anr v Cardiff County Council, High Ct (Cardiff) 11/01/2007
A local authority was not liable for psychiatric injuries caused by a teenager's harassment of her former foster carers, as the authority's duty of care did not extend to insuring carers against such injury and because the fostering agreement, which provided that the authority would insure the carers, was not a legally enforceable contract.
CLINICAL NEGLIGENCE
No liability for compliance with hospital policy held reasonable by 1991 standards
Cowley v Cheshire & Merseyside Strategic Health Authority, High Ct (Chester) 24/01/2007
A hospital's policy concerning the administration of antenatal cortico-steroids to combat problems for a premature baby only to patients diagnosed as being in actual premature labour had been within the range of policies an obstetric unit could reasonably have had in 1991. In the circumstances, a doctor who had acted fully in accordance with the policy had not breached her duty in failing to administer the steroids to a mother who had not been in actual premature labour at the time.
DAMAGES
Damages award considered erroneous
Santos v Eaton Square Garage Ltd, CA (Civ Div) 23/02/2007
Where an employee had suffered orthopaedic and psychological injuries after sustaining a crush injury while at work, an award of £45,000 in general damages was erroneous and it would be an injustice for the employer to pay an amount of that magnitude.
Interim Payment Applications
Spillman v Bradfield Riding Centre, High Ct, 06/02/2007
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.
Bill of Costs considered globally disproportionate
Finster v Arriva London & Anr, SCCO, 31/01/2007
In the circumstances, a costs bill of £54,000 in relation to a road traffic claim was globally disproportionate, particularly where the claim was settled for only £10,000 and the case was not novel or complex demanding particular special skills. The equivalent to the reasonable costs of a one-day liability trial would be allowed in respect of the trial costs because liability issues could have been disposed of in a day.
INSURANCE
MIB Claims
Phillips v Rafiq & Anr, CA (Civ Div) 14/02/2007; Times, February 21, 2007
Clause 6.1(e) of the Uninsured Drivers' Agreement 1999 provided an exception to the MIB's obligation to satisfy compensation claims where "the claimant" voluntarily allowed himself to be carried in an uninsured vehicle. Accordingly, the MIB was obliged to satisfy any judgment for damages obtained by the dependant of a deceased in a fatal accident claim against an uninsured driver, notwithstanding that the deceased knew that the driver was uninsured.
Heads of claim dishonestly put forward but proven
Churchill Car Insurance v Kelly, High Ct, 08/02/2007
The fact that the respondent had dishonestly put forward unjustified heads of loss did not disentitle him in law from recovering such heads of loss as were indisputably made out.
’All-risks’ policy
C A Blackwell (Contracts) Ltd v Gerling Allegemeine Verischerungs-AG, High Ct (Comm) 30/01/2007
Losses incurred during a road construction project and caused by a combination of factors, including heavy rainfall, the nature of drainage employed at the site and the quality of the materials used, were fortuitous and not inevitable losses and were covered by an "all-risks" policy of insurance.
CIVIL EVIDENCE
Applications for Pre-action Disclosure
Independent Froebel Educational Institute v Sodexho Education Services Ltd, High Ct, 05/02/2007
The court declined to order pre-action disclosure where one of the necessary conditions under CPR r.31.16, namely, that the respondent would have been under a duty to disclose the classes of documents sought by way of standard disclosure had proceedings begun, had not been satisfied.
Claims struck out – Abuse of Process
Sweetman v Shepherd & Ors, High Ct, 02/02/2007
Where a claimant had issued proceedings in 1997 and had persistently failed to comply with directions and orders and had not progressed the litigation for long periods of time to the extent that his conduct of the case amounted to an abuse of process, it was just to strike out his claims.
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