Items starting with G

The claimant had made a loan to a company which had been established as a SPV to develop property. The company failed to repay the money and a sale of the property purchased did not cover the costs of sale. A claim was made for fraudulent misrepresentation against the individual associate with the ......

In the circumstances, where a respondent had misrepresented to the court that all the parties to proceedings had agreed to an adjournment, the judge's exercise of discretion when making no order as to costs was seriously flawed and there had been no reason to deprive an appellant of her costs. ......

On the balance of probabilities, the cause of the injuries sustained by the claimant at her birth was a stroke rather than hypoxia. The stroke had occurred before the time when the NHS trust ought to have induced delivery and therefore causation could not be established. ......

The Defendant appealed against a finding that it had been responsible for a slipping accident caused to the Claimant. It was argued on behalf of the Defendant that the substance which had allegedly caused the Claimant to slip could only have accumulated over a period of time and would have therefor......

When determining whether a solicitor had failed to satisfy a condition referred to in the Courts and Legal Services Act 1990 s.58(3) it was not necessary to consider whether the client had suffered actual prejudice. ......

Causation. Whilst unloading a lorry belonging to his employers, the Claimant was struck on the head by a barrel of cider. Although somewhat shaken he returned to his work shortly after the incident and continued as normal. Six weeks later, he suffered a severe epileptic seizure which then recurre......

A claimant who began to suffer from epilepsy six weeks after an accident at work in which he was hit on the head had failed to establish that it had been caused by the accident because the evidence did not show that he had suffered a brain injury that would have increased his risk of suffering fro......

Appeal against, inter alia, an order to pay costs, including reserved costs of all interlocutory applications, on an indemnity basis. Appeal dismissed. Held: The judge's power under CPR 44.4(3) to award costs on the indemnity basis is exceptional, justified where the circumstances take the c......

This case related to an accident on 13 May 2003 when a heavy control module fell from a crane and struck the pursuer, whilst in the course of his employment, causing serious injury to him. On 23 March 2007 the court granted a motion for summary decree and found the defenders liable to make reparati......

On 13 May 2003 the pursuer was working in Aberdeen in the course of his employment with the defenders when a control module weighing 1.7 tons fell from a crane and struck him causing him severe injuries, including amputation of the right leg and arm. Here the pursuer sought damages from the defende......

Legal Services & Funding: A solicitors' retainer letter that stated that no charge would be made for pre-litigation services if the opponent disputed the claim and the client decided not to pursue it, was not a conditional fee agreement because those services were not "litigation services" within t......

Immunity of Experts. The GMC has discretion to consider the conduct of an expert witness. There is no absolute common law privilege that protects a witness in giving evidence. On the facts, by a majority, the conduct of the expert was not sufficiently grave to justify his being struck off. ......

GMC Proceedings. In the circumstances, the GMC had not owed a duty of fairness to the Singapore Medical Council in deciding not to pursue a charge against a GMC-registered doctor who had been found guilty of professional misconduct in Singapore. ......

The judge at first instance had appeared to have made an arithmetical error in determining the sum for which judgment should be given and the appeal was to that extent allowed. Permission to appeal on costs was refused as there was no realistic prospect of success on appeal. The Claimant complained......

A child was entitled to have costs arising from a settled claim for damages under the fixed costs regime as the claim had not been plainly less that £1,000 when submitted. It was held that paragraph 2.1 of the Pre-action Protocol for Low-Value Personal Injury Claims in Road Traffic Accident......

Reparation - Proof:- In this action the pursuer sought damages following an accident on 28 October 2004 when he was knocked off his bicyle by the driver of a minibus who worked for the defenders. The outcome of the case turned on who was ahead at the junction where the accident took place. It was......

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment he received there. The defenders plead that the action was time barred under section 17 of the Prescription......

The pursuer sought damages in respect of physical injuries sustained as a result of alleged assaults in the home and "delayed" post traumatic stress disorder allegedly caused by the treatment he received there. The defenders plead that the action was time barred under section 17 of the Prescription......

Res Ipsa Doctrine Applies to Air Crashes:The Privy Council held that the maxim of res ipsa loqitur was potentially of great importance in plane crash cases owing to the difficulty of discharging proof in aviation matters. Although courts in the past had been reluctant to apply the maxim to air cras......

The Claimant was a nurse who brought a claim for a serious back injury sustained in a lifting accident in the course of her employment with the NHS. The Claimant lifted some heavy seats in a hospital waiting area, replacing them so that elderly and frail patients could sit when waiting for appointm......

On 17.05.12, the Court of Appeal gave judgment allowing the Claimant's appeal in Ghaith v Indesit Co UK Ltd, [2012] EWCA Civ 642, [2012] All ER (D) 205 (May). The case centred on Regulation 4 of the Manual Handling Regulations 1992, the Claimant having suffered a back injury when clearing out his e......