Class of persons entitled to claim for 'nervous shock'

The Claimant, who suffered PTSD after he assisted victims of an accident, was not entitled to damages on the basis that he had not been a primary victim (Monk v PC Harrington).

Causation of injury in cumulative cause cases

In Bailey v MoD, the Court of Appeal looked at the onus of proof on the Claimant where there were cumulative causes for an injury, and whether a material contribution was sufficient.

Clarification of the correct test for knowledge in NIHL limitation case

In Field v BCC, the Court examined the Claimant’s actual and constructive knowledge of his hearing loss for limitation purposes.

Duty of care supervising children on bouncy castle

In Harris v Perry, the Court of Appeal examined the nature and extent of the duty of care of those supervising children on bouncy castle at a private party and allowed the Defendant’s appeal.

Training requirements for using step ladders

An experienced and intelligent man still required directed training in how to position a step ladder to minimise risk of injury. (Gower-Smith v Hampshire CC)

Settlement of a claim does not prevent proceedings for contempt

In Kirk v Walton, the Court held that the Defendant could bring proceedings for contempt of Court against the Claimant for lying about her claim even though it had been settled.

Claimant entitled to recover even though he lied about other Claimants

Despite lying about his Co-Claimant's fraudulent claim, a party was entitled to his own damages from an RTA, though the effect of the costs order was to extinguish damages (Ul-Haq & others v Shah).

Solicitors’ hourly rates

A Claimant who instructed a solicitor based outside his locality, who charged a higher hourly rate than locally, recovered costs at the rate that would have been charged by an experienced local solicitor.

Reform of claims process

The Ministry of Justice has published its response to last year's consultation on case track limit and process reform.