Finding of Fact. As a matter of law, a finding that the excessive speed at which a car had been driven was causative of an accident resulting in personal injury could be made without indicating what was a safe speed. ......

This case revolved around ss.56 - 60 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which bans the payment of referral fees in personal injury cases after 1 April 2013. One of the effects of this ban is that the recoverable fixed costs in small value personal injury claims is red......

Background This appeal concerns the question of whether the Royal Borough acted unlawfully in seeking to amend Ms McDonald's care package by substituting her night time carer with provision of incontinence pads or absorbent sheets when Ms McDonald was not in fact incontinent. Th......

CICA Claim. 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......

Health and Safety at Work etc. Act 1974. A defendant to a charge under the Health and Safety at Work etc. Act 1974 s.2, s.3 or s.4, in asking the jury to consider whether it had established that it had done all that was reasonably practicable, could not be prevented from adducing evidence in sup......

The Defendant had claimed to be a passenger in a car involved in a road traffic accident in January 2009 and sought compensation for whiplash. The insurance company paid him £33,000 in compensation however it later emerged that the collision had not occurred and the Defendant was found guilty ......

National Health Service (Injury Benefits) Regulations 1995: The definition of "average remuneration" when calculating permanent injury benefit was most appropriately to be found under reg.2(1)(b)(iii) of the National Health Service (Injury Benefits) Regulations 1995. ......

The definition of "average remuneration" when calculating permanent injury benefit was most appropriately to be found under reg.2(1)(b)(iii) of the National Health Service (Injury Benefits) Regulations 1995. ......

A homeless person did not have a status within the meaning of the European Convention on Human Rights 1950 Art.14 and the cessation of payments of a disability premium whilst he was without accommodation was not unlawful. ......

Health & PCT policy refusing funding for treatment with an unlicensed drug. The policy of a primary care trust to refuse funding for treatment with an unlicensed drug save where exceptional personal or clinical circumstances could be shown was irrational, as the policy could not be rationally ex......

Unlawful decision to close two inpatient wards. The decision of the defendant NHS trust to close two inpatient wards in a hospital that it ran was unlawful as the decision had been reached without any public consultation in breach of the Health and Social Care Act 2001 s.11. ......

Ouseley J held that a judge had not erred in refusing to reconsider his decision not to grant a further adjournment of an appeal hearing against a revocation of a premises licence and the consequent dismissal of the appeal. The medical evidence relied upon in support of the adjournment application,......

Sexual Abuse Victim Able to Pursue Claim to Substantive Trial:Swift J. held that the Claimant, a victim of sexual abuse by a teacher at a school he attended in the 1970s, was able to pursue his claim to trial in spite of the fact that it was statute barred by section 11 of the Limitation Act 1980. ......

The Court of Appeal dismissed the appeal of the appellant school governors against a decision that it was just and equitable to exercise the discretion pursuant to s. 33 of the Limitation Act 1980 so as to disapply the primary limitation period, in respect of a damages claim brought by the responde......

Proof:- In this action the pursuer, a successful rally driver, sought damages from the defenders, a provider of maps via DVDs used to assist navigators in a rally, following a crash in which the pursuer's car and he was psychiatrically injured. In this action the standard of negligence which fell t......

Appeal of decision to adjourn appeal hearing: It was held that there was no basis on which an appeal could possibly succeed against a judge's order adjourning an appeal for a limited period to enable the appellant to be heard, but refusing an adjournment for a substantial period on medical grounds.......

Withdrawal of life-saving treatment from child with severe neuromuscular disorder. The withdrawal of life-prolonging treatment was in the best interests of a five-month-old child with a severe neuromuscular disorder who was experiencing a pitiful existence in hospital. ......

There was no such thing as a general retainer imposing a duty on a solicitor to consider all aspects of a client's interest whenever the solicitor was consulted. It was important to bear in mind the limits of what would be expected of a solicitor: he was not bound to know all the law, and would be ......

HHJ Oliver-Jones QC (sitting as a deputy judge of the High Court) held that an employee who was injured whilst competing in a cycling race organised by his employers was not participating in the event in the course of his employment within the meaning of the relevant health and safety legislation. ......

Duty of Care to Protect Employees. There was a common law duty of care on the National Dock Labour Board requiring them to protect their individual employees against a known serious risk to their health. The bald proposition that a body created by statute could not be recognised as owing such a d......

Where a claimant had not given timely notice of her claim to the Motor Insurers' Bureau and the MIB was not prepared to overlook the fact, there was no objection in principle to the claimant discontinuing proceedings and commencing a fresh action in which a timely notice was given to the MIB. ......

Safe system of work for employees. On the balance of probabilities the defendant employer had not been negligent and had not been in breach of contract in failing to exercise reasonable care for an assistant head teacher's health and safety or in failing to operate a safe system of work. ......

A Van Emerging Onto A Main Carriageway Without Seeing Motorcycle 20% Liable For Collision With Motorcyclist That Ensued:-David Pittaway QC had to determine liability in a claim for damages for personal injury brought by the Claimant motorcyclist. The Claimant had been overtaking a articulated lorry......