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INADEQUATE RISK ASSESSMENT LEADS TO LIABILITY BEING ESTABLISHED: CHISOLM -v- HANKINS CONSIDERED

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In Chisholm v D & R Hankins (Manea) Ltd [2018] EWHC 3407 (QB) the High Court found liability established on the grounds of an inadequate risk assessment by the defendant employer.  The judge also made important observations about the relevance of statutory duties after s.69…

THE IMPORTANCE OF RISK ASSESSMENTS: IMPORTANT HIGH COURT DECISION AND A REMINDER OF FORTHCOMING TALK

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In CC v Leeds City Council [2018] EWHC 1312 (QB) Mr Justice Turner reiterates the importance of the risk assessment in personal injury litigation.   On appeal the judge  rejected an argument that a claimant had failed to prove causation. The defendant’s argument that the claimant had not…

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 CHILD’S EARNING POTENTIAL CANNOT BE “WRITTEN OFF”: HIGH COURT DECISION ON EARNINGS WHERE CLAIMANT ALREADY HAD PRE-EXISTING PROBLEMS

In Tate -v- Ryder Holdings [2014] EWHC 4256 (QB) Mr Justice Parker considered issues relating to loss of earnings of a young child from a disadvantaged background. He dismissed the argument that a relatively nominal award should be made for future loss of earnings. THE CASE The claimant was seriously injured in 1990 when he […]

ASSESSING DAMAGES: WHY THE JUDGES GO BACK TO BASICS AND THE VERY PRACTICAL CONSEQUENCES

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
Recent cases have show that, when faced with difficult issues of calculation in personal injury cases, judges look back at the very basic principles of personal injury damages. These cases show how important the basic principles of personal injury damages are. The multiplicity of tools…

WRITTEN SUBMISSIONS: STATEMENTS OF ISSUES; PLEADING AND PROOF

Originally posted on Civil Litigation Brief:
The decision of Mr Justice Walker in Burrows -v- Northumbrian Walker Ltd [2014] EWHC 3305(QB) considers the need for clarity in written submission and for the issues the judge is asked to determine to be clearly defined. It also considers whether a judge can properly consider the “reasonably practicable”…

LOSS OF SERVICES CLAIM FOR “HOUSEWIFE” IS NOT A NOMINAL LOSS

Originally posted on FATAL ACCIDENTS AND ACTIONS ARISING FROM DEATH:
I looked at the case of Knauer -v- Ministry of Defence [2014] EWHC 2553 (QB) in an earlier post.  However one significant aspect of the case justifies close examination. The judge put a clear and definite value on the loss to a widower caused by the…