Author Archives: gexall

COURT OF APPEAL OVERTURNS FINDING OF 10% CONTRIBUTORY NEGLIGENCE: CLAIMANT’S CONDUCT DID NOT FALL BELOW A REASONABLE STANDARD

In a short judgment today in Casson v Spotmix Ltd & Ors [2017] EWCA Civ 1994 the Court of Appeal overturned a trial judge’s decision that a claimant who suffered injury at work was contributory negligent. “the extent to which the claimant’s conduct could be criticised fell considerably short of that which could properly be categorised […]

SECTION 2(2) OF THE ANIMALS ACT: COURT OF APPEAL GIVES A STEER AS TO HOW IT IS TO BE CONSTRUED

Section 2(2) of the Animals Act 1976 has come under some criticism over the years, from the judiciary and practitioners.  The section came under scrutiny again in the Court of Appeal decision in Williams v Hawkes [2017] EWCA Civ 1846   KEY POINTS s.2(1)(b) of the Animals Act 1976 applies where the animals “characteristics” are temporary […]

A DUMPER TRUCK IS COVERED BY THE MIB AGREEMENT: STATUTORY CONSTRUCTION AND DIRECTIVES

In Lewington v The Motor Insurance Bureau [2017] EWHC 2848 (Comm)  Mr Justice Bryan considered whether a stolen dumper truck being driven on a public road was covered by the MIB agreement.  There was a clear, and unequivocal finding that it was.   I”n the above circumstances I set aside the Award in whole under section 69(7)(d) of the […]

LOSS OF EARNINGS: CLINICAL NEGLIGENCE AND CAUSATION

The need to prove that a claim for loss of earnings arises from the negligence complained of can be overlooked. A failure to consider the key issue of causation can lead to claims being made which, ultimately, cannot be proven.   An example of this can be seen in the decision of Mr Justice Nicol […]

WHEN A DOCTOR CANNOT GO BACK TO WORK: EXAMINATION OF THE LOSS OF EARNINGS AWARD

There are some important matters considered in the decision of Mr Justice Picken in Dr Sido John -v- Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust [2016] EWHC 407 (QB). THE CASE The claimant was a doctor who was injured in a fall. He was successful in establishing clinical negligence on the part […]

LOSS OF EARNINGS: THE APPROPRIATE LOSS OF EARNINGS MULTIPLIER FOR AN INJURED CLAIMANT: MITIGATION OF LOSS

It is always interesting to look at those cases where the judge decides on loss of earnings. In Syred -v- Powszecnny Zaklad Ubezpieczen (PZU) SA [2016] EWHC 254 (QB) (Mr Justice Soole. In particular there is an interesting riposte to an assertion that the claimant failed to mitigate his loss. KEY POINTS The judge found […]

THE EMPLOYER’S DUTY: THE SUPREME COURT STATES THE IMPORTANCE OF RISK ASSESSMENTS

In Kennedy -v- Cordia Services LLP [2016] UKSC 6 the Supreme Court allowed the appellant’s appeal. The case related to Scottish law, however the principles are of general application.   It raises interesting issues as to the relevance of “It follows that the employer’s duty is no longer confined to taking such precautions as are […]

LOSS OF EARNINGS AFTER LEAVING THE MILITARY: MURPHY -v- MINISTRY OF DEFENCE

In Murphy -v- Ministry of Defence [2016] EWHC 3 (QB) HH Judge Coe QC (sitting as a judge of the High Court) considered damages for loss of earnings in the case of a 21 year old soldier who suffered injuries that caused him to leave the army. KEY POINTS The sum of £10,000 was awarded […]

VICARIOUS LIABILITY: FOOTBALLERS, ASSAULT AND “INITIATION CEREMONIES”

It is well known that last month the Supreme Court heard a number of appeals in relation to vicarious liability, particularly for assaults by employees.  While the decisions are pending it is useful to look at examples where these issues are being applied using the current law.  The issue of vicarious liability for an “initiation ceremony” which […]

LOSS OF EARNINGS AND DISABILITY IN THE LABOUR MARKET FOR INJURIES ARISING AS A RESULT OF SEXUAL ABUSE

In BDA -v- Domenico Quirino [2015] EWHC 2974 (QB) His Honour Judge Wood considered the issue of loss of earnings in the case of a victim of sexual abuse. THE CASE The claimant had suffered from systematic sexual abuse from the defendant, her karate instructor, for five years. She had a good educational history and […]