Death as a Consequence of Injuries for which Damages already awarded. Langstaff J. held that the dependents of an accident victim who received compensation in respect of personal injuries that subsequently proved to be fatal could not bring a claim under the Fatal Accident Act 1976. The case of Re......

Death as a Consequence of Injuries for which Damages already awarded. Langstaff J. held that the dependents of an accident victim who received compensation in respect of personal injuries that subsequently proved to be fatal could not bring a claim under the Fatal Accident Act 1976. The case of Re......

Where a doctor had failed to advise that the consequences of an injection might cause discomfort during imminent surgery he should not be liable for the unforeseeable development of a vaccine strain disease caused by the operation. ......

Court Set Out Model Periodical Payments Order: The Court of Appeal had considered periodical payment orders in the three instant cases and found that it was appropriate to link them to the ASHE 6115 index rather than to the retail price index. The claimants thus sought approval of model periodi......

The pursuer suffered serious injury as a result of an accident while at work and sought damages in respect of common law negligence and breach of statutory duty from his employers, the defenders. The heads of damages included continuing loss of earnings and the cost of future care and support. Taki......

CIVIL EVIDENCE. A party who wished to call an expert with a potential conflict of interest should disclose details of that conflict at as early a stage in the proceedings as possible. ......

Proof: Liability: Slipping on ice and snow covered surface in the course of employment, resulting in injury. The pursuer was employed by the Defenders as a home carer. She required to make a home visit to a patient on an evening in December 2010. The conditions in the area had, for some time been i......

Action for damages for personal injuries. The pursuer was one of a team of police officers who were instructed to aid the enforcement of an eviction order at a local swimming pool. The swimming pool centre had been closed and the decision had invited much protest. In particular, the pool provided ......

Consideration Of Disclosure of Earlier Expert Reports Where A Change Of Experts Occurred:The Court of Appeal held that pursuant to CPR r. 35.4, the Court had a discretionary power to impose a condition of disclosure of an earlier expert report where a change of expert subsequently occurred and such......

Road Traffic Accident. Negligence. A judge's conclusion on the evidence that a bus driver was not negligent when he hit and killed a pedestrian who had crossed the road when the pedestrian lights were red was fully justified. ......

The Claimant sought damages for private physiotherapy treatment. To evidence this claim he provided invoices and forms from the physiotherapy service detailing the treatment and cost. The Defendant argued, on the eve of trial, that there was no evidence that the Claimant had actually paid these cos......

The defenders supplied a conveyor to the pursuers, a bakery, that was installed to convey hot bread from the oven to another area. The conveyor material had been ignited by burning bread and the resulting fire had damaged the building. The principal contractual claims against Spooner are to be th......

Judge Entitled To Find That Employer's Failure To Provide Plumber With Non-Slip Mats Was A Breach Of Statutory Duty And Negligent:Spencer J held that a trial judge had not erred in finding that the appellant employer's failure to provide it's plumber with a non-slip mat when working on a wet carpet......

Balance To Be Struck Between Risk of Injury And Benefits of Sporting Activities:Field J dismissed the claimant's claim for damages for personal injury and loss sustained in an accident that occurred during a health and fun day at an RAF base, when he dived head first into an inflatable pool as part......

Employers' Duty To Carry Out Risk Assessment Non-Delegable But Capable Of Compliance By Satisfaction Contractor Has Carried Out Thorough Risk Assessment:The Court of Appeal held that an employer's duty to undertake a risk assessment in respect of an activity was non-delegable, as such duty was clos......

Local Education Authority Liable In Negligence In Respect Of An Assault By Pupil On Teacher:The Court of Appeal allowed the appellant former teacher's appeal against a decision dismissing her claim against the respondent for damages for personal injuries sustained in an assault by a pupil. The tria......

Damages for breach of a duty to take preventive measures to protect a vulnerable witnes. Where it was established that the state authorities knew or ought to have known of the existence of a real and immediate risk to the life of an individual as a result of the criminal acts of a third party, the......

Permission was granted to obtain expert accounting evidence and for the cause of death experts to produce a joint statement. Although the C had succeeded on her application to admit accounting evidence, it had been necessary because there was a deficiency in her case which the D had pointed out ......