It was not appropriate to adjourn a trial date in the absence of good medical evidence. It was held that though illness could be a ground for an adjournment but there had to be a good evidential basis for so doing. However, the applicant's doctor had failed to conduct further investigations ......

Where damages had been awarded for clinical negligence the appropriate award for the cost of future care was, in the circumstances, a lump sum payment, as periodical payments linked to the retail price index were likely to result in a substantial shortfall in the provision for the future care. ......

Correct Approach to Limitation in Sexual Abuse Cases: The Lords allowed the appeals of six appellants who had been victims of sexual abuse during childhood and whose claims had been adjudged to be statute barred. It was held that the test under section 14 of the Limitation Act 1980 was an entirely ......

Sexual abuse: The Court assessed the Claimant's damages following the admission of liability by the Defendants. The case involved sexual abuse of a child by a Catholic priest over a period of 10 years, as a result of which the Claimant had suffered severe mental health problems. ......

An arrangement for compensation for vibration white finger, involving close supervision by the courts, included the power of the supervising judge to make a financial award where there were delays in dealing with the claims. ......

An application to bring contempt proceedings against 7 individuals who it was claimed had given false information about car hire rates was granted.The evidence against the respondents was ostensibly strong. There appeared to be a basis for saying that the respondents in their individual cases had t......

There was no reason why the normal expectation that a person suffering from a significant injury would be curious about its origins should not also apply to dyslexics. Therefore, on the facts of the instant case, the claimant's date of constructive knowledge was well before three years before issue......

The Degree Of Force Applied By Police Officers To Individual Resisting Arrest Was Reasonable Despite Severe Injuries Being Sustained:HHJ O'Brien QC (sitting as a deputy judge of the High Court) held that the degree of force applied by police officers to the Claimant, who had resisted arrest, was re......

Cost of Reinstatement. Where a publishing company's archive of historic aviation material had been damaged by flooding and the company intended to reinstate the archive and it was reasonable to do so, the correct measure of damages was the cost of reinstatement. ......

HHJ Coe QC considered a claim by a pedestrian who had run into the path of an oncoming bus causing him significant injuries, including a head injury. The issue being determined was whether the bus driver had been negligent. The Judge considered that ignoring the 'red man' at the pedestrian ......

Claim for Hire Charges Tainted by Illegality:Judge Dean QC in Central London County Court rejected a claim for damages in respect of vehicle hire charges on the basis that it was tainted by illegality. The Judge found that the Claimant had deliberately set out to mislead the Court over the fact tha......

Proof - Reparation:- On 4 May 1999 the pursuer sustained injuries as a result of a fall on a flight of stairs as she walked to her car to drive to her night shift. On Record the pursuer averred that several steps on the last flight were loose. She claimed that the loose steps wobbled and moved unde......

Religious Beliefs and Care. The religious beliefs of an individual should not be disregarded in deciding how that person should be cared for in the event of supervening mental incapacity, and the wishes of the family should be taken into account. ......

This case provided one of the first decisions interpreting the Workplace (Health, Safety & Welfare) Regulations 1992. It held that the individual regulations are not mutually exclusive and should be looked at in conjunction with one another. In doing so the court adopted a purposeful interpreta......

Appeal concerning a declaration made under s. 15, Mental Capacity Act 2005 raising the issue of the correct approach to an assessment of whether it is in the best interests of a patient who lacks capacity to receive life-sustaining treatment. Appeal dismissed. Held: The fundamental question is......

The Defendant brought an action against his employer for personal injury suffered when he fell and twisted his back in the course of employment. He made a witness statement which indicated, among other things, that the Defendant could only walk short distances and that he usually had to use two cru......

Where an expert joint statement was made pursuant to CPR r.35.12 and was not privileged, it did not acquire without prejudice status because it was used in mediation. ......

The Court of Appeal held that the reinstitution of a personal injury claim, which had previously been struck out for a failure to serve the claim form and particulars in time, in a second action outside of limitation, was not an abuse of process. ......

Rape a Significant Injury for Limitation Purposes:It was held that, in considering the date of knowledge for the purposes of section 14 of the Limitation Act 1980, the injury in question refers to an injury the claimant knew about at the material time. The injury suffered by the Claimant who had be......

Human Rights: The ignoring of a person's expressed concerns as to the manner in which the Crown Prosecution Service had carried out a prosecution could arguably amount to treatment of that person within the meaning of the Race Relations Act 1976, even if those concerns related to the taking of dec......

On 27 March 2003, at around 0625 hours, the pursuer left his job as a site supervisor with Reliance Security Services Limited to go home. The pursuer fell and injured his right ankle - he claimed that he tripped over a manhole cover. Here the pursuer claimed damages from the defenders for the fall.......