Limitation : Important clarification of test for Claimant’s date of knowledge

In McCoubrey v MOD, the Court of Appeal examined the test for establishing the date of a Claimant’s knowledge that he had suffered a significant injury and concluded that the test should be narrowly interpreted, i.e. favouring Defendants.

School liable for injury caused by over-age boy’s tackle in rugby match

A school was liable for injuries sustained by an opponent in a rugby match when an over-age boy tackled him, despite the fact that the tackle was legal and, had the boy not been over-age, there could have been no complaint.

Deceased’s mesothelioma was caused by limited exposure to chrysotile

In Jones v. Metal Box the court examined the likelihood of mesothelioma being caused by limited exposure to chrysotile (white asbestos).

Company dumping asbestos waste on a tip could not have foreseen injury to child playing there

In Pinder v. Cape, the court concluded that the Defendant could not have foreseen that the Claimant would develop mesothelioma as a consequence of playing on a tip where asbestos was dumped, and was thus not liable.

Claimant’s fall from ladder was his own fault

A very experienced electrician failed in his claim against his employers for injuries sustained in a fall from a ladder, despite the absence of risk assessment or evidence of training.

Rules regarding pre-action admissions of liability are changed

CPR 14 has been amended so that admissions of liability made prior to the issue of proceedings now have the same effect as admissions made post issue, so that the admission cannot be withdrawn without the permission of the court.

Major changes to CPR Part 36

CPR 36 has changed so that it is no longer possible to make payments into court. There are now new rules for making offers to settle.

Claimant succeeds in first breakdown stress claim

The court in Hiles v. South Glos. NHS PCT was persuaded that the Claimant’s actions and complaints were sufficient to put the Defendant on notice that her work was harming her health.

Recovery of charges for hire car supplied to insured

Where an insurer supplies a hire car to its insured following an accident, it is entitled to recover a commercial rate for the hire and not a discounted corporate rate.

Quantum award in NIHL claim

In a rare contested quantum decision in a deafness claim, the court awarded £8,750 PSLA and £7,000 cost of digital hearing aids.