Future loss of earnings based on Ogden 6 adjustment tables

In Conner v Bradman, the High Court considered how a claim for future loss of earnings should be approached given the Claimant’s ongoing disability, and what heed should be taken of contingencies other than mortality as set out in Section B to the Explanatory Notes of the Sixth Edition of the Ogden Tables.

What amounts to harassment under the Protection from Harassment Act 1997?

The Court of Appeal has given a helpful judgment on what may constitute acts of “harassment” sufficient to establish liability for the purpose of the statutory tort under the Act.

A highway inspection carried out in a car travelling at 25mph was inadequate

In Day v Suffolk CC, the Court of Appeal dismissed an appeal against a finding that there was a defect in the highway that had caused the Claimant’s accident and that there was no S.58 defence because an inspection from a car travelling at 25 mph was not good enough.

Insurer allowed to avoid claim for failure to notify

In Outokumpu Stainless v RHS Paneltech, the court examined the various principles surrounding a refusal to indemnify for breach of a condition precedent for notifying the claim.

Claims for lost years by a young child are not permissible – for now

The Court of Appeal has held that it is bound by previous authority to hold that claims for lost years by a young child are not permissible. Though the previous authority may be seen as wrong, it would have to be for the House of Lords to overturn it.

Test for capacity under the Mental Capacity Act 2005

In Saulle v Nouvet, the Court had to consider for the first time the test for capacity under the Mental Capacity Act 2005 and how it could properly protect the Claimant’s interest.

Claimant's bladder cancer probably caused by work, not smoking

In a case where the Claimant had been exposed to carcinogenic amines through smoking and through chemicals at work, the Judge would be entitled to find his work had probably caused his bladder cancer. The Court observed that there are difficult questions on causation in disease claims which remain to be resolved.

Agreement on liability waived by claimant's actions

In Ashraf v Devon CC, the court held that the Claimant's acceptance of a Part 36 offer on liability was not binding on the Defendant where her actions after the issue of proceedings were inconsistent with there having been agreement on liability.

The Claimant was 50% contributorily negligent despite unsafe system of work.

In Ellis v William Cook, the Court of Appeal upheld the Judge’s finding that the Defendant's system of work had been unsafe, but found that the Claimant had been 50% contributorily negligent rather than 25%.

Claimant fails to prove that he suffered injury in RTA

In view of inconsistencies in the Claimant's evidence, the Judge in Isik v Clegg found that he had not discharged the burden of proof that he had suffered an injury in a road accident.

Claim for mesothelioma succeeds despite absence of clear evidence of exposure

In Cox v Rolls Royce, the Court of Appeal dismissed an appeal by the Defendant against the finding that it was liable for damages despite the fact that there was no direct evidence that it had negligently exposed the Deceased to asbestos fibres.

Drivers in convoy had not negligently driven too close to each other

In Sharp v MoD, the Court of Appeal considered whether the driver travelling in a convoy in front of the Claimant, whose vehicle he hit, could negligently have contributed to an accident by driving too close to the vehicle in front, so having to make an emergency stop.

Quantum of PSLA in mesothelioma claim

In Smith v Bolton Copper, Master Whitaker assessed damages in a mesothelioma claim where the Deceased died some two months after first consulting his GP with symptoms.

Damages awarded for psychiatric injury as well as injury to feelings in harassment case.

In Choudhary v Martins, the appeal heard an appeal against an award of damages in a claim brought under the Protection from Harassment Act.

The effect of offers on entitlement to costs when made too early

A Judge could not penalise a successful party under CPR r.44.3(4) merely because he had not done as well as he had hoped or should not take into account early offers made before legal advice was taken.

Loss of entitlement to sick pay was not recoverable

In Brazier v Wolverhampton CC, the Court of Appeal held that a Claimant could not recover damages for, if effect, losing her entitlement to sick pay that may otherwise have been paid when she suffered a second injury

Prison officer failed to mitigate his loss

In Lloyd v MoJ, a prison officer succeeded in his claim for injuries caused on duty but his damages were reduced because he had failed to attempt to return to full time work when he should have done.