Category: personal injuries

Barclay v British Airways plc

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Barclay v British Airways plc – Times Law Reports

Posted March 4th, 2009 in accidents, aircraft, carriage by air, law reports, personal injuries by sally

Court of Appeal

“A passenger slipping on a plastic strip embedded in the floor of an aircraft was not an accident since there was no distinct event which was not part of the usual, normal and expected operation of the aircraft and which had happened independently of anything done or omitted by the passenger.”

The Times, 4th March 2009

Craner v Dorset County Council

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Craner v Dorset County Council – Times Law Reports

Posted February 27th, 2009 in health & safety, law reports, personal injuries by sally

Court of Appeal

“It was no defence for a county council which left paving slabs uneven, causing injuries to a school caretaker, to say that what had occurred was a freak accident which could not have been prevented or guarded against.”

The Times, 27th February 2009

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Woman gets £30,000 payout from M&S after slipping on grapes – Daily Telegraph

Posted February 18th, 2009 in accidents, compensation, news, personal injuries by sally

“A woman has obtained nearly £30,000 in compensation after she slipped on two grapes and broke her shoulder in a Marks & Spencer store.”

Daily Telegraph, 17th February 2009

Road accident victims ‘bullied into settling’ by insurers – The Times

Posted February 5th, 2009 in accidents, compensation, news, personal injuries, road traffic by sally

“Motor accident victims are facing high pressure tactics from insurers to settle for less compensation than they are entitled to receive, a leading accident lawyer said this evening.”

The Times, 5th February 2009

Maher and Maher v Groupama Grand Est; [2009] WLR (D) 21

Maher and Maher v Groupama Grand Est – WLR Daily

Posted January 27th, 2009 in conflict of laws, damages, insurance, law reports, personal injuries by sally

“On a personal injury claim brought by English claimants against French insurers in respect of a road traffic accident in France in 2005 damages were to be assessed by reference to English law, not French law, but the issue whether there was a right to claim interest by way of damages was to be determined under French law, though any question about the rate of interest was to be determined under English law.”

WLR Daily, 26th January 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Do atomic test victims deserve compensation? – The Times

Posted January 22nd, 2009 in armed forces, news, nuclear weapons, personal injuries by sally

“Fifty years ago the UK Government began a series of atomic and thermonuclear weapons tests on the Australian mainland, on Christmas Island and elsewhere in the South Pacific. About 25,000 members of the British, Australian and New Zealand Armed Forces, many national servicemen, and some Fijians, took part in the testing programme — either actively or as bystanders. This week nearly 1,000 veterans took their multimillion-pound compensation claim against the Ministry of Defence (MoD) to the High Court. They say they have suffered illnesses — including cancers, skin defects and fertility problems — because of exposure to radiation from the tests.”

The Times, 22nd January 2009

Laroche v Spirit of Adventure (UK) Ltd [2009] EWCA Civ 12; [2009] WLR (D) 14

Laroche v Spirit of Adventure (UK) Ltd – WLR Daily

Posted January 22nd, 2009 in carriage by air, law reports, personal injuries by sally

“Giving a purposive construction to Sch 1 to the Carriage by Air Acts (Application of Provisions) Order 1967, a hot-air balloon was an aircraft, within the meaning of art 1, and the person flying in it was a passenger of the aircraft, within the meaning of art 17, whether he paid for his flight or not.”

WLR Daily, 21st January 2009

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Nuclear test veterans launch case – BBC News

Posted January 21st, 2009 in armed forces, news, nuclear weapons, personal injuries by sally

“Veterans involved in British nuclear tests in the Indian and Pacific oceans are to launch a legal bid against the government at the High Court later.”

BBC News, 21st January 2009

Source: www.bbc.co.uk

Pensioner wins £28,000 payout after being left ill by drugs trial – Daily Telegraph

Posted January 19th, 2009 in compensation, medicines, news, personal injuries by sally

“A pensioner has won an £28,000 payout from a pharmaceutical company after being left seriously ill during a drugs trial.”

Daily Telegraph, 19th January 2009

Jones v Attrill – Times Law Reports

Posted January 16th, 2009 in costs, fees, law reports, personal injuries, solicitors by sally

Jones v Attrill

Court of Appeal

“A solicitor was required to notify his client if he had an interest in recommending a particular insurance policy covering conditional fee agreements, if a reasonable person, knowing the relevant facts, would think that that interest might affect the advice the solicitor gave to his client.”

The Times, 16th January 2009

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Nuclear veterans told: No case for compensation – The Independent

Posted January 12th, 2009 in armed forces, news, nuclear weapons, personal injuries by sally

“Ministers have been accused of blocking compensation claims brought by hundreds of nuclear test veterans who believe they developed cancers and other illnesses after being forced to witness atomic bomb experiments in the 1950s and ’60s.”

Barclay v British Airways plc [2008] EWCA Civ 1419; [2008] WLR (D) 412

The Independent, 11th January 2009

Source: www.independent.co.uk

Barclay v British Airways plc – WLR Daily

Posted January 6th, 2009 in accidents, aircraft, carriage by air, law reports, personal injuries by sally

“Where a passenger slipped on a standard fitting plastic strip embedded in the floor of an aircraft in its normal state and sustained bodily injury, there was no ‘accident’ within the meaning of art 17.1 of the Montreal Convention 1999 since there was no distinct event which was not part of the usual, normal and expected operation of the aircraft and which had happened independently of anything done or omitted by the passenger.”

WLR Daily, 5th January 2009

Jones v Attrill; Hibberd v Michael Jane Hair & Beauty; Tankard v John Fredericks Plastics Ltd (Law Society intervening)[2008] EWCA Civ 1375; [2008] WLR (D) 383

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jones v Attrill; Hibberd v Michael Jane Hair & Beauty; Tankard v John Fredericks Plastics Ltd (Law Society intervening) – WLR daily

Posted December 16th, 2008 in costs, fees, law reports, personal injuries, solicitors by sally

“The purpose of reg 4(2)(e)(ii) of the Conditional Fee Agreement Regulations 2000 was to ensure that a solicitor acted and gave advice independently of his own interest. To determine whether, for the purposes of that regulation, a solicitor had an interest in recommending a particular insurance contract to his client, the test was whether a reasonable person with knowledge of the relevant facts would think that the existence of the interest might affect the advice given by the solicitor to his client, and if so, the interest should be disclosed.”

WLR Daily, 15th December 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Compensation for injured troops doubled by Ministry of Defence – Daily Telegraph

Posted December 15th, 2008 in armed forces, compensation, news, personal injuries by sally

“Compensation payouts to severely wounded soldiers are to be doubled after criticism the payouts were far lower than those given to injured civilians.”

Daily Telegraph, 15th December 2008

Dog walker receives £2.7 million compensation after being hit by car – Daily Telegraph

Posted December 5th, 2008 in compensation, news, personal injuries, road traffic by sally

“A businesswoman who suffered brain damage after being hit by a car on a zebra crossing has won £2.75 million in compensation.”

Daily Telegraph, 4th December 2008

Pensioner to sue after walking frame snaps – Daily Telegraph

Posted December 2nd, 2008 in elderly, local government, negligence, news, personal injuries by sally

“A pensioner is suing his local council for up to £50,000 after he was injured when an allegedly ‘inadequate’ walking frame it gave him snapped and cause him to fall and injure himself.”

Daily Telegraph, 2nd December 2008

Judge orders Total to make ‘generous’ offer to Buncefield victims – The Times

Posted November 18th, 2008 in accidents, compensation, fire, news, personal injuries by sally

“Hundreds of victims of the Buncefield fire moved closer to an initial payout today after a judge instructed the oil depot’s operator to make them a ‘sensible and generous’ offer.”

The Times, 17th November 2008

Regina (Reynolds) v Independent Police Complaints Commission

Regina (Reynolds) v Independent Police Complaints Commission – Times Law Report

Posted November 6th, 2008 in judicial review, law reports, personal injuries, police by sally

Court of Appeal

“Where a man who had been arrested for being drunk and disorderly was found, while in custody, to be in a coma and was later shown to be suffering from a serious injury which might have been caused during or before he was taken into custody, the Independent Police Complaints Commission had a power and a duty to investigate independently the cause of the injury even if that meant that it had to investigate events which occurred before the man had come into contact with the police.”

The Times, 6th November 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

MoD pays out £2.4m to Kosovan shot in the jaw – Daily Telegraph

Posted November 6th, 2008 in armed forces, damages, news, personal injuries by sally

“A Kosovan man shot in the jaw by a British soldier has been awarded £2.4 million compensation after suing the Ministry of Defence.”

Daily Telegraph, 6th November 2008