ERS v FearonHigh Court 23/10/15Before: Sir David Eady An individual who brought a fraudulent claim, described as amateurish and bound to fail, was sentenced to six months in prison, suspended for two years, conditional upon the payment of £5,000 towards the Applicant’s costs. Raymond Fearon claimed to have been a passenger on a mini bus, […]
THOMAS EDWARD BARTLETT v ENGLISH CRICKET BOARD ASSOCIATION OF CRICKET OFFICIALS (2015) CC (Wolverhampton) (Judge Lopez) 27/08/2015 NEGLIGENCE – SPORT – PERSONAL INJURY BREACH OF DUTY OF CARE : CRICKET : DUTY OF CARE : GROUND CONDITIONS : PERSONAL INJURY : UMPIRES Cricket umpires had not been negligent in allowing a match to proceed despite […]
DIRECTOR OF PUBLIC PROSECUTIONS v JOHN WHITTAKER (2015) Where a defendant charged with contravening the Road Traffic Act 1988 s.143 had produced a valid certificate of insurance, but the prosecution was maintained on the basis of alleged use of the vehicle in a way not permitted by the insurance certificate, the burden of proving that […]
FENELLA SINCLAIR (A PROTECTED PERSON BY HER LITIGATION FRIEND & DAUGHTER REBECCA ROSALINA DA SILVA LIMA) v RACHEL LOUISE JOYNER (2015) A driver was liable for brain injuries suffered by a cyclist where the parties had collided after the cyclist had deviated into the driver’s side of the road when going around a bend. Upon […]
JASON LOWDON v JUMPZONE LEISURE UK LTD (2015) BREACH OF DUTY OF CARE : FORESEEABILITY : GENERAL DAMAGES : MEASURE OF DAMAGES : NECK : NEGLIGENCE : SPORTS AND LEISURE FACILITIES : WHIPLASH INJURY A judge had been entitled to conclude that the risk of neck injury was a foreseeable consequence of launching a customer […]
(1) JUNE VANN (BY HER LITIGATION FRIEND NICHOLAS PLAPPERT) (2) ALEX VANN (EXECUTOR OF THE ESTATE OF MARTIN VANN, DECEASED) (3) JULIA PLAPPERT (EXECUTOR OF THE ESTATE OF MARTIN VANN, DECEASED) v OCIDENTAL-COMPANHIA DE SEGUROS SA (2015) A judge had erred in finding that there was no contributory negligence on the part of two pedestrians […]
DANIEL MCCRACKEN (A PROTECTED PARTY BY HIS MOTHER & LITIGATION FRIEND DEBORAH NORRIS) v (1) DAMIAN SMITH (2) MOTOR INSURERS BUREAU (3) DARREN MICHAEL BELL (2015) A judge had not erred in finding a minibus driver negligent for failing to properly check at a junction before colliding with a stolen trials motorbike being ridden dangerously […]
WEST SUSSEX COUNTY COUNCIL v KIM FULLER (2015) Although a local authority was arguably in breach of duty in failing to carry out a risk assessment before asking a receptionist to deliver post around the office, for liability to be established there had to be a causal connection between the task and the injuries sustained […]
DUSEK & ORS v STORMHARBOUR SECURITIES LLP – 19/01/2015 An employer owed its employee a duty of care to ensure that a helicopter ride he was taking in the course of his employment was safe, given the knowledge that the flight route was over inhospitable and remote terrain. The employers failure to take any steps […]
The appellant was travelling on the respondent’s double decker bus, when the bus driver nraked suddenly, casuing the appellant to be thrown forward and another passsenger to fall onto her. As a result of the accident, she suffered a back injury and fibromyalgia. At the liability only trial, the appellant argued that she was standing […]